Riggers 1980 V Littlewoods

[ODC]

Re: Me vs Littlewoods Catalogue help needed

hi all new to the site,

 

i sent off a cca to morcrot regarding a littlewoods debt and recieved the following letter, just wanted to know where i go from here regarding getting the information off my credit file logged under littlewoods and littlewoods finance......

 

the letter reads

 

 

Dear Mr xxxx

 

re: moorcroft ref:evil:xxxxxxxxxxxxxxxxxx

client ref: xxxxxxxxx

 

i write to confrirm that our client (littlewoods ltd) has been unable to supply a signed credit agreement for you. we hae therefore returned pament you have made (they sent back the £1 p.o)

 

we accept that under the section 127 (3) of the consumer credit act 1974 this debt i therefore unenforceable via a court order. we must inform you however that the account still remains outstanding.

 

it isour understanding that goods wich have been charged to your account hae be ordered and delivered to you. we can confirm therefore that a default remains in relation to this account and wouldremind you that makig payment to clear the balance may assist in relation to your credit hitory.

 

please confirm that you accept that goods were oredered and received and let us have your ettlement proposals.

 

yours sincerely

 

mrs k dyde

operational support supervisor

[ODC]

The debt may be outstanding but they can do diddly squat to make you pay it.

 

Do NOT admit to receiving any Goods from Littlewoods. The chances of Moorcrap removing your default would be slim unless you paid them a substantial amount of the alleged balance. Ignore them and see what they come up with. The importan thing to remember its UNENFORCEABLE

[riggers1980]

cheers, so should i write back to them and tell them i want the default removed and am willing to pay 5% of the outstanding or just leave it.

 

really want that little red number 8 off my credit file

[ODC]

You have to be very careful what you write to Morecrap as they are slimy individuals. They may promise you all sorts and still not remove the default.

 

For the moment I would be inclined to sit tight. The ball is in their court. They have an unenforceable debt and will be looking some sort of return on the pennies they paid for it.

[riggers1980]

isn't it illegal to put false information on a credit file, im guessing that if there is no cca, and they cant prove the debt, then i shouldn't have a big red mark on my credit file, is there anything to quote in a letter such as with the cca act

[riggers1980]

what if i said to remove the default put it as settled and then when i can see this on the credit file i'll pay them something, and then not bother lol

[riggers1980]

oh forgot to mention the default is actually listed under littlewoods finance not moorcraftyswines

[ODC]

isn't it illegal to put false information on a credit file, im guessing that if there is no cca, and they cant prove the debt, then i shouldn't have a big red mark on my credit file, is there anything to quote in a letter such as with the cca act

Of course its illegal but considering one of the top CRAs is owned by a DCA getting it removed is not as simple as that. I suugest you read kennyparkroads thread( the original one you posted in) and you will see how frustrating it can be

 

what if i said to remove the default put it as settled and then when i can see this on the credit file i'll pay them something, and then not bother lol

You havent a snowballs chance in hell of Morecrap agreeing to this. Thats not the way bullies work

 

oh forgot to mention the default is actually listed under littlewoods finance not moorcraftyswines

If thats the case try getting Littlewoods to remove it. Ignore Morcrap they have bought an unenforcable debt and admitted in writing its unenforcable so thats their problem not yours.

[riggers1980]

how do i go about doing that wont they say that it hasn't been paid or that moorcrap are now dealing with it?

[ODC]

how do i go about doing that wont they say that it hasn't been paid or that moorcrap are now dealing with it?

What can Morecroft deal with. An unenforceable debt:D

[riggers1980]

see this is where i get confused, morcroft refer to littlewoods as there client, so are they collecting on behalf of littlewoods or have they already paid littlewoods, i.e if i was to pay all of the debt outstanding, not that i can affort to hense the reason im on this forum, would the credit file be updated or would it still say defaulted and moorcroft take my money?

 

also what should i say to littlewoods to get the default removed from my credit file?

[ODC]

see this is where i get confused, morcroft refer to littlewoods as there client, so are they collecting on behalf of littlewoods or have they already paid littlewoods, i.e if i was to pay all of the debt outstanding, not that i can affort to hense the reason im on this forum, would the credit file be updated or would it still say defaulted and moorcroft take my money? You would have to find out if Littlewoods actually sold the debt to Moorcrap. If they bought the debt they would probably have paid pennies per pound for it.

 

also what should i say to littlewoods to get the default removed from my credit file?

Have a good read of Kennyparkroads original thread and you will find all the information you need there

[conar686]

Rigger I'm in a similar but a bit more advanced situation with Littlewoods

 

Littlewoods have stated they are no longer pursuing my debt

 

I've reported them to the Information Commissioners Office who came back with the usual purposes of processing c@@p, to which I responded;

 

The 1st Principle states "Personal data shall be processed fairly and lawfully" I contend that they have committed an offense against the CCA therefore any processing of my data is based on an illegal act.

 

Further to the above I'm in regular contact with a CRA and tho' they state they will not amend their records without Littlewoods say so, they are obliged to carry out an investigation and I'm at the stage where I'm offering enough doubt that they may even take some action.

 

Another useful piece of info worth quoting to both Information Commissioners Office & CRA is as follows

 

"A specific example of this type of case would be where a catologue company has supplied goods to a consumer on credit without entering in to the required credit agreement with the consumer.

The consumer has made some repayments (certainly enough to cover the cost of the goods received but not enough to cover all interest and charges) but has been advised that the agreement is unenforceable and has therefore informed the trader that she will not make any more payments on the account.

The trader has conceded that there is no enforceable agreement but is threatening to make a default entry on the credit reference file.

The opinion of LACORS is that where a creditor accepts that an agreement is unenforceable against a consumer they should not be permitted to 'punish' the consumer by placing a record of the 'default' on their credit reference file.

To do so would be unfair and unreasonable. It would also lessen the impact of the provisions of the Consumer Credit Act which make it clear that a creditor should not be allowed to enforce a credit agreement where the agreement is improperly executed."

 

Hope the above helps

[riggers1980]

thanx for the imput

 

 

ive just found a letter from littlewoods finance company saying confirmation of reciept of a signed cca,

 

so im guessing from the letter i got from moorecroft that they have lost it,

 

what happens if they come accross it in the next few weeks?

[conar686]

thanx for the imput

 

 

ive just found a letter from littlewoods finance company saying confirmation of reciept of a signed cca,

 

so im guessing from the letter i got from moorecroft that they have lost it,

 

what happens if they come accross it in the next few weeks?

 

Do you recall signing anything from Littlewoods that could be remotely called a CCA, if not, I seriously doubt Littlewoods or anyone else can produce an executable agreement. All you need to do is wait and respond to their 'smoke n mirrors' correspondence until they finally give in

[riggers1980]

yeah i have a copy of it here, what happened was i got into arrears and they said they would start a new aggreement sent me out a fixed sum loan agreement

 

the arrears amount of credit was £271.20

total amount payable £395.35

 

at the top of the agreement it says

 

fixed-sum loan agreement regulated by the consumer credit act 1974 - with littlewoods finance company limited

 

 

but i now alledgedly owe £450 to moorcroft, even tho they sent me a letter saying littlewoods where unable to provide a copy of the cca and admit the debt is unforcable via a court order

[ODC]

Keep your head down in case Sh!ttlewoods send a copy of it to Morecrap.

 

I think the best thing to do is tell Morecrap to take a large F*** Off tablet and forget about the default for the moment

[conar686]

I agree with ODC wait n see whats next

[kennyparkroad]

following this, will add anything if i can.

 

Moore shouldnt contact you anymore

 

if they do, simply write back informing them by their own admission no cca exists for this account therefore no payments will be forthcoming as the debt is unenforceable, in addition, you want written confirmation that they will no longer take any further action.

 

 

THATS only if they hassle you. Chances are they might just leave it now.

[ODC]

following this, will add anything if i can.

 

Moore shouldnt contact you anymore

 

if they do, simply write back informing them by their own admission no cca exists for this account therefore no payments will be forthcoming as the debt is unenforceable, in addition, you want written confirmation that they will no longer take any further action.

 

 

THATS only if they hassle you. Chances are they might just leave it now.

Morecrap will probably still have a few attempts at getting you to pay them something. That is why they asked you if you admit receiving the goods. Should they contact you send then Kennys letter