Creditors wont accept offer of final settlement - NDR, Natwest, Cahoot

[Rochester111]

Help - I am new to the forum so hi to you all.

 

I am trying to find out if I am being lied to.

 

Long story - wont bore you with details, But I am in debt to Littlewoods Catalogue for £2647. It is one of a number of debts I am trying to settle. I have managed to raise a pot of money to try to offer final settlements to each creditor but it is not enough to pay debts in full. I used the letter that was shown in one of the threads to offer final settlements to each one.

 

Barclays Bank - no problem - accepted offer

NatWest wont budge they want the full amount

Cahoot wont budge also threatening to pass debt to DCA

 

NDR ignored my offer then when I phoned them they said that because the debt is for a catalogue and there is no interest added (like with credits cards etc) that they cannot lower the amount owed. Is this true or are they just trying to pull a fast one.

 

I have explained that the reason I want to settle all debts now is that I have been diagnosed with MS and I do not know how many years of work I will be able to do before I have to give up or take a lower paid/parttime job and then they will be very unlikely to get the rest of it paid any way. Better to settle for a lump sum now I thought.

 

To add insult to injury I have just been turned down for DLA too even though I have difficulty walking properly and even more trouble with trying to walk any kind of distance. But that is a whole different issue.

 

I just feel there is too much to handle at the moment and I want to simplify my life!!

 

Grateful for any advice or info.

[42man]

My initial instinct is to send the ones who won't accept a final offer a CCA....is there any chance you have excess charges to reclaim also ??

[Rochester111]

CCA, is that when you ask them for a copy of a signed agreement? I know that I signed papers when I started the credit card, Cahoot was done on line so no signature, Littlewoods I can't remember ever signing one.

 

If I have been paying small amounts would this not be me showing I accept I owe them the debt?

 

I don't think there were any cahrges. When I first negotiated reduced payments I got Littlewoods to pay back the admin charges.

 

I would need to check with Cahoot account but I think interest may still be added on this one but no additional charges

 

Natwest have frozen interest and no other charges are being added.

[42man]

Yes, you should send them a CCA request.....you may have signed an agreement, BUT do they still have a copy ? was the agreement properly executed ? will they send you just a copy of an application form ? will they provide one within the timeframes ? a lot of questions waiting for a lot of answers.....!!!

 

As for the small amounts you have been paying I think you are allowed to challenge a debt at any stage....

 

Just send them a CCA request letter for each - certainly at this stage it puts the accounts into dispute immediately....

[Rochester111]

Wow, there is a lot more to this CCA stuff than I had thought. I will get on and do this today.

 

Thanks so much for your help, I feel much more positive than I did before.

 

Ooh one last question, when I send the letters do I stop paying the monthly payments or should I keep them going until it is settled?

 

Cheers

 

[42man]

That is entirely your decision, but what most people tend to do as far as I know is they stop paying AFTER the default period that is 12 working days + 2 days grace after you send the CCA request.

 

Also do not hand sign the letter.....and send it via Guaranteed Delivery, with a £1 postal order. And you may also like to add at the top of the letter - I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

[42man]

If they do not respond with a copy of your CCA after 12 + 2 (working days) + 30 (calendar days) they have committed a summary criminal offence...

[Rochester111]

Brilliant, thanks so much, again.

 

I will get all the letters done today and get them sent first thing tomorrow.

 

Maybe there is light at the end of this very long tunnel!

 

Best Wishes

 

[Chris_w]

I read a thread the other day, and it was stated that littlwoods have never been able to produce a Credit agreement. However after the 12+2+31 days you stop paying them, they will probably register a default with all three CRA's. This will give you the problem of trying to get it removed from your file. You could let them Default then point out the fact that the debt is unenforcable, and would they reconsider your offer of settlement

[phill123]

sdorry to hijack your thread bu ti am in a similar situation as you though iCCA them they give a copy which wasn't conform to CCA 1974 for credit card so i sent a cheque as full anf final offer they cashed in asi have a proof but still chasing me for th emoney. alrthoughwhen i complained to the police they told me that some of the document they sent me was a delioberate attemtp of deception and fraud so don't knwo whart to do now ? anyone any idea ?

[Chris_w]

Phill 123 you need to start your own thread and give as much detail as you can. then you can start getting the help you need

[pt2537]

I read a thread the other day, and it was stated that littlwoods have never been able to produce a Credit agreement. However after the 12+2+31 days you stop paying them, they will probably register a default with all three CRA's. This will give you the problem of trying to get it removed from your file. You could let them Default then point out the fact that the debt is unenforcable, and would they reconsider your offer of settlement

 

 

Hmmnnn not so sure about the stopping paying after that amount of time, once the 12 working days has expired the debt enters into default and is unenforcable. there fore at that point you can refuse any further payments until their compliance with the CCA.

 

in addition, the rights to issue default notices come under the CCA 1974 s.87-s.89 therefore once the account in itself enters a default under s.77 or 78 the debt is unenforcable and in my humble opiniion the creditor loses the right to issue a default notice as, issuing such notice is an act of enforcement in itself.

 

Littlewoods,Kays et al are notorius for not ensuring that customers sign credit agreements before they issue them credit. however that said they have been known upon occiasion to actually have a copy of the agreement.

 

its always worth sending a CCA request though

 

 

regards

 

paul

[Rochester111]

That makes sense.

 

I think it is highly unlikely that Littlewoods have anything like a credit agreement on record as I started this account many many years ago (probably over 15 years ago). I would be very surprised if they have any of the original application paperwork on file still.

 

Many thanks for your comments, will take all this on board

 

[Having_A_Knightmare]

It funny as I have a littlewoods account and its actual in credit and they sent me a new CCA the other day to fill in. I of course sent it straigh to the dustbin:p

[Rochester111]

Strange, maybe with all the thousands of letters they areprobably getting demanding proof of CCAs, they are trying to get existing customers who are in credit to sign CCAs in case they ever go into debt!

 

Bolting horse, stable door?

 

[Chris_w]

Hmmnnn not so sure about the stopping paying after that amount of time, once the 12 working days has expired the debt enters into default and is unenforcable. there fore at that point you can refuse any further payments until their compliance with the CCA.

 

in addition, the rights to issue default notices come under the CCA 1974 s.87-s.89 therefore once the account in itself enters a default under s.77 or 78 the debt is unenforcable and in my humble opiniion the creditor loses the right to issue a default notice as, issuing such notice is an act of enforcement in itself.

 

Littlewoods,Kays et al are notorius for not ensuring that customers sign credit agreements before they issue them credit. however that said they have been known upon occiasion to actually have a copy of the agreement.

 

its always worth sending a CCA request though

 

 

regards

 

paul

 

 

I've just finished reading your own thread and correct me if i'm wrong but they issued you with a default. I'm not trying to be argumentative but I would have thought it prudent to give people as much information as possible. As well as possible outcomes to their actions regarding CCA's and Littlewoods. Regardless of what the law states Littlewoods will issue a default and continue to chase people for the money.

[surprise]

Also, don't sign anything when writing to Littlewoods. Even though Littlewoods don't hold agreements they insist that they have the right to carry on processing data. NDR and Littlewoods are a nightmare to deal with. My own case is with TS and I have sent the file to both the CE and Company Secretary. Case of waiting now.

[pt2537]

Hi Chris W

 

No problems, i agree that it is prudent to give people as much help and info as possible.without websites such as this one there would be many many consumers being shafted without knowing thier rights , atleast with the CAG people get a wide range of help on a wide range of subjects which can only be to the benefit of the consumers

 

in my opinion though,with regards to when to stop paying creditors, when the debt enters the default stage at the end of the 12 working days as described in the CCA1974 then you can quite legitimatley stop paying any creditor who hass failed to comply with their obligations under the Act

 

 

Littlewoods have not issued me with a Default notice as yet and i will challenge any such notice should they be foolish to do so.

 

in addition it is my opinion thatthey have lost such right to issue the said notice as they have failed to comply with the CCA 1974

 

regards

paul