My Friend vs Littlewoods

[kennyparkroad]

Ok here goes.

My friend has had nothing but nother with LX Direct.

So i CCA'd them in May.

no response

again on 31 May

no response

then i was contacted by NDR on their behalf, so wrote them a stinker of a letter together with previous letters.

 

Littlewoods then sent in reply this letter

 

"With reference to your letter, requesting a copy of the credit agreement.

Under sections 77 and 78 of the CCA we are required to provide you with a copy of the executed agreement (if any). On the assumption that you have signed the agreement supplied to you at the time of opening your account/ We enclose a copy of our agreemeent which complies with the requirements of the Consumer Credit (cancellation Notices and copies of documents) Regulations 1983."

 

Now the form they have sent is a blank agreement with my friends details in pen at the top, but NO signature from her.

and it is in pen the details not photocopied, so its pretty obvious that they dont have an exectued agreement.

So what can i put as a reply?

I was thinking of something like this

 

I refer to your letter dated xxxx 2007

 

I note that you have sent me a copy of a non executed form for this account.

 

However, on the xxxxxI made a written request for a copy of the executed agreement under s77/78 CCA.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

Please note that your company is now in default as this request was not complied with within 12 working days as prescribed by the CCA, and that you have also committed a criminal offence by exceeding the further one month statutory time limit.

 

I now require that you provide me with a copy of the correct document, or your written acknowledgement that you are unable to do so, within 14 days of receipt of this letter.

 

Please also note that until such time as you do provide me with a true copy of this document, the agreement remains unenforceable and no further payments will be made.

 

Yours faithfully,

 

 

 

 

 

Thoughts or comments welcome!

[detectall]

You don't need to do anything as your CCA request has already put the alleged debt into dispute because they have failed to send what was requested. Wait for them to write to you. See my thread DCA passback to OC.

 

Best wishes.

[Curlyben]

Looks good Kenny.

Yes they are within their rights to supply an agreement without signatures, as per 83 regs, but if they want to take you to court then they'll need the real thing.

[kennyparkroad]

thanks

 

ok CB ill send this letter asking once again for the executed agreement (which we know doesnt exist, she didnt sign anything) and see what happens.

[kennyparkroad]

UPDATE - going to change

 

"I note that you have sent me a copy of a non executed form for this account."

 

To

 

"Thank you for sending me a copy of what an agreement looks like."

 

 

 

thoughts?

[Curlyben]

Yep, all good.

 

Thank you for sending me a copy of what an agreement SHOULD look like.

[kennyparkroad]

add the should????????

 

or you just poking fun at them LOL

[Curlyben]

both

[kennyparkroad]

lol noted.

 

will fax at 1pm when my boss goes for lunch

[kennyparkroad]

Faxed to 3 different Fax Number.

 

Thatll keep them busy.

 

[gizmo111]

Ok here goes.

My friend has had nothing but nother with LX Direct.

So i CCA'd them in May.

no response

again on 31 May

no response

then i was contacted by NDR on their behalf, so wrote them a stinker of a letter together with previous letters.

 

Littlewoods then sent in reply this letter

 

"With reference to your letter, requesting a copy of the credit agreement.

Under sections 77 and 78 of the CCA we are required to provide you with a copy of the executed agreement (if any). On the assumption that you have signed the agreement supplied to you at the time of opening your account/ We enclose a copy of our agreemeent which complies with the requirements of the Consumer Credit (cancellation Notices and copies of documents) Regulations 1983."

 

Now the form they have sent is a blank agreement with my friends details in pen at the top, but NO signature from her.

and it is in pen the details not photocopied, so its pretty obvious that they dont have an exectued agreement.

So what can i put as a reply?

I was thinking of something like this

 

I refer to your letter dated xxxx 2007

 

I note that you have sent me a copy of a non executed form for this account.

 

However, on the xxxxxI made a written request for a copy of the executed agreement under s77/78 CCA.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

Please note that your company is now in default as this request was not complied with within 12 working days as prescribed by the CCA, and that you have also committed a criminal offence by exceeding the further one month statutory time limit.

 

I now require that you provide me with a copy of the correct document, or your written acknowledgement that you are unable to do so, within 14 days of receipt of this letter.

 

Please also note that until such time as you do provide me with a true copy of this document, the agreement remains unenforceable and no further payments will be made.

 

Yours faithfully,

 

 

 

 

 

Thoughts or comments welcome!

 

Try this

 

Dear Sir/Madam

Ref;

I refer to your letter dated 2 October 2006, in which you supplied me with an unsigned copy of your standard credit agreement. The supply of this standard leaflet in no way satisfies my request for documentation for the debt you allege exists – and I therefore do not acknowledge any debt to your company. For ease of reference I enclose a copy of that letter.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

You were in breach of the Consumer Credit Act 1974, on 8th September 2006 and one month later on 8th October you were guilty of committing a criminal offence.

I expect to hear from you within 10 days of this letter, acknowledging that this debt is indeed unenforceable, else you leave me with no alternative but to contact Bolton Trading Standards, and any other relevant statutory bodies to advise them of your conduct.

In your letter dated 2 October 2006 you refer to a firm of collectors, I fully expect you to advise them that this alleged debt is unenforceable also.

 

Take note, that any legal action you may contemplate will be both vigorously defended and contested.

 

[kennyparkroad]

thanks Gizmo, but ive already faxed my letter!

 

however i will keep yours as a back up should they "come it"

 

Thanks!

[gizmo111]

Sory Kenny didn't read the whole thread!

[kennyparkroad]

shame on you gizmo ;-)

 

thats ok, ive dealt with littlewoods (and still am) and ill have to go to court with them soon (see thread me vs littlewoods) so i know what they are capable of!

[smithy24b]

Kennyparkroad, what is the fax number for Littlewoods... I also need to do the same thing!

 

Thanks

Smithy24b

[kennyparkroad]

sorry i hadnt seen this message posted.

 

The numbers i use for Littlewoods are:

 

0151 920 1759 (this is just a query department)

 

08702635082 (i have been told this number will get to the complaints department)

 

08702635093 (this was accounts/complaints i was told)

 

 

and yes i do fax every letter to ALL of those Numbers, and print the fax header sheets, that way if it goes to court, i can show beyond doubt that i made every attempt to contact them thoroughly!

[kennyparkroad]

UPDATE TO THIS

 

She has recieved a letter basically saying "we will look into this" but i will type it up exact when i get it off her.

[kennyparkroad]

My friend has recieved her repsonse from littlewoods.

 

 

Further to our letter of 28th August concerning your complaint in relation to the balance on your account.

 

We are unable to supply a signed and dated agreement for the above account.

 

I can confirm that we will not be persuing the outstanding balance on your account of £xxx and as the debt remains unsatisfied this will be noted on our internal files for future reference. This information will also form part of your records at the Credit Reference Agencies ad will remain on your credit file for 6 years. (is this a round about way to saying they have placed a default on the account????, mentioning 6 years?)

 

 

 

ive seen this before and especially since they sent me this letter defaulted my account and im at my wits end fighting it.

 

 

 

so i was thinking about sending this back regarding the info on credit file.

 

 

thoughts?????

 

 

 

In May 2007 I asked for a copy of the Consumer Credit Agreement for the account, and was advised via letter on 3 September that the decision had been taken not to pursue the matter, that letter has been attached for ease of reference.

As you have already confirmed your inability to comply with my legal request for a Consumer Credit Agreement (Consumer Credit Act, 1974) because no such agreement exists, the above account remains entirely unenforceable as verified by yourselves.

 

However my concern is the information placed on my credit which you say will stay there for 6 years, I believe you to be talking about a default notice. If indeed there is a default on my credit file this default was placed whilst the account was clearly in dispute, you should know and already be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute as per the guidelines of the OFT.

 

The lack of a credit agreement is a very clear dispute and as such the following would apply:

• You may not pass the account to any third party.
  
• You may not register any information in respect of the account with any of the credit reference agencies.
  
• You may not issue a register any information with third parties (including credit reference agencies) or issue a default notice related to the account.

I would like to direct your attention to the last paragraph.

 

Furthermore, as you remain unable to provide such evidence of my signed consent to pass/share my data to third parties, I hereby once again request the immediate removal of all default entries with Credit Reference Agencies. I also require written notification when this has been achieved, within a period not exceeding 14 days from receipt of this letter.

 

Failure to provide me with such notification will leave me with no alternative but to commence court proceedings against your company, including a claim for compensation in relation to the unlawful registration of adverse information against my name.

 

Please be aware, that the Consumer Credit Act, 1974 is very clear; stating that a default can only be issued for breach of a valid, regulated Credit Agreement. As you have already confirmed that no such Agreement exists, a default cannot therefore be issued against a non-existent Agreement.

Within the time constraints of this letter, I respectfully request your detailed response to my request for confirmation of which legislation your Legal Department are relying upon, and request copies of any such legislation in support of their actions. I support this request with CPR Pre-Action Protocols 4.6a, 4.6b and 4.6c.

 

For your information, it will not be sufficient for your Legal Department to state that they are entitled to record this information as ' it is stated in the Terms & Conditions on your account', as there is by your own admission, no executed or enforceable credit agreement to which any Terms & Conditions form part of. Therefore, the information recorded, in question, is unsupported, erroneous and defamatory.

 

Without ambiguity, I trust that I make myself perfectly clear and look forward to your positive response in removing all entries against my name, in order to finally bring this matter to a close.

[surprise]

Kenny

 

Be careful- sent a similar letter after they sent the same letter not being able to comply with CCA and were not pursuing debt. After I sent similar letter as you they conveniently located an agreement. I have started a thread Littlewoods Catalogue of serious errors. They have also now issued default notices. I have now written to the Company Secretary. I personally think this is the way to go with regard to getting data put right.

[kennyparkroad]

in my case they cant "find" an agreement as i know 100% i didnt sign one, therefore they dont have my "real" signature.

[kennyparkroad]

ok i will write to the company secretary, but i will send him that letter in with everything else and see what comes back for her.

 

 

if everyone thinks that letter is ok?

[kennyparkroad]

no updates to this

[kennyparkroad]

Wrong thread! lol