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I really need some help here.

 

I'm hoping that I'm in the right, I've been with Gregory Pennington since March 2005 I left Gregory Pennington because I was fed up with their overpriced charges and my circumstances had changed so I could afford more (unaware at this time that there were companies in the market that offered free dmp services) I kept up with my direct payments for a period of time until I was forced out of my property at short notice (long story) and went back to Gregory Pennington as my creditors weren't understanding of my change of circumstances and refusing to accept reduced payments, nearly a year on I've changed jobs and am doing really well for myself. Thinking that I should do the right thing and increase my debt payments but not wanting to line the pockets of those that make a profit from debt I contacted payplan and cccs who won't offer me dmp as my debt is a few hundred pounds than the 8000 threshold so thought I would take the debt back on myself. I have 6 creditors and all but littlewoods will accept my proposal saying that I defaulted before (when moving back to GP) and that they will accept my smaller payments but they will charge me every month. Is this correct? Can they do that? I've tried hunting for section 40 but the only ones that I can find through google are written so that it favours the creditor.

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LIHI

 

Do as Linz suggests today and wait for them to miss all the 12+2+31 day milestones as I'm pretty sure they will. If anyone calls inform them you want everything in writing & put the phone down.

 

When/If they write (unless its with an agreement) respond with 'I don't acknowledge any debt to your organisation' this account is in dispute and you await a properly executed credit agreement to consider the dispute resolved.

 

After 14 working days send them a reminder stating they are in now default of your CCA request.

 

After a further 31 calender days send them a letter stating they are now in criminal default of your request and that it is your intention to report them to their local trading standards.

 

Report them to their Local TS, sit back & wait for the we're not going to pursue letter as they never have (unless you can recall signing one) enforceable credit agreements.

 

Trawl this site for other Littlewoods threads for letters and help.

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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FAO: Credit ControlACCOUNT REF: With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.I understand a copy of my credit agreement should be supplied within 12 working days.We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.In addition to the above I request that all further correspondence is to be in writing. I am familiar with the terms of section 40 of the Administration of Justice Act, ignoring or disregarding debtors legitimate wishes in respect of when and where to be contacted is in breach of this section and the Wireless and Telegraphy Act (1949).I look forward to your response.Yours faithfullyI have also composed letters for each of my other creditors. Is this okay?

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Is it worth including in the CCa request letter that the account was actually opened by my then partner and it was he that ordered the majority of the goods on my account. I've only paid this as good will as I felt that I owed the debt for my stupidity to allow him to do this to me and to be spoken to like absolute rubbish for attempting to get the debt paid quicker was extremely insulting.

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Just a quick point for you.

 

when you send them payment for teh CCA request, send them a postal order or a cheque from someone else ie mother or father.

 

i have heard that littlewoods have been known to take the signature from a cheque (if its from your bank account) and scan it on to a credit agreement and then allege that it is your signature. so to aviod this i would not send them anything with your signature on it. that includes signing the letter. i would just print your name or use a digital signature such as http://www.consumeractiongroup.co.uk/forum/general-debt/110578-digital-signature-guide.html

 

i have had dealings with Littlewoods myself, if you want to take a look at my thread which is here http://www.consumeractiongroup.co.uk/forum/general-debt/93571-pt2537s-cca-request-against.html it may offer you some help

 

 

regards

paul

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The letter i used to ask for my credit agreement is this......

 

 

With reference to the above agreement, i would be grateful if you would send me a ture copy of the executed credit agreement for this account.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), i am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand that the requested copy of the credit agreement should be supplied within 12 working days as laid out in Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983.

I understand that if a copy of the agreement as requested is not supplied within the 12 working days then the debt will become unenforcable under the consumer credit act 1974

i await your reply

regards

thats what i sent littlewoods

i hope this is of help to you

 

 

 

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Re signatures - I've created a digital signature for all my letters to these people therefore keeping my real signature just in case some trys to be cute

 

Online Personal Signature Maker - MyLiveSignature - Free Perosnal Signature Generator Its simple & free

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Re signatures - I've created a digital signature for all my letters to these people therefore keeping my real signature just in case some trys to be cute

 

Online Personal Signature Maker - MyLiveSignature - Free Perosnal Signature Generator Its simple & free

 

 

That is such a good idea I wish I had done that before

 

I have just created a sig now, really quick and easy!

 

Thanks for that link - really useful

 

:p

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The only thing I'm worried about is I sent them a letter over 6 months ago so fingers x'd they don't keep anything on file. Letter is going first thing Monday morning.

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Yeah, that worries me too with some of my debts I am trying the CCA letter on.

 

I think I will be ok with Littlewoods as when I started the account years ago, I was not married to my (now) husband and so if they tried to pull this trick of pasting a sig from a recent letter they would be out of luck as it would be wrong name! (I assume that any credit agreement is something signed when you start an account not halfway through it? If so I know I have not signed any kind of agreement since I applied for the account.)

 

:p

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