Really confused.

[kittycatty]

Hi

First time here so I hope this is the right place.

 

Can anyone point me in the right direction for a template letter to send to Littlewoods/NDR re no cca on file. I have had a letter confirming they do not have any CCA's on file for me but now not sure what to send back. I have been paying them £2.00 a month but they rejected this offer and have levied £142.00 in charges to the 2 accounts.

I don't mind paying the £2.00 per month per account but I object to the charges.

 

Thanks

[kittycatty]

To: Littlewoods Finance Company

Aintree Innovation Centre,

Park Lane,

Netherton,

Bootle

L30 1SL

 

Dear Sir/Madam

 

Account/Ref No: ********** and B*******

 

 

I was very disappointed that your company would not accept my reduced payment plan as submitted on the 28/01/08. As you are aware you have failed to supply me with a signed credit agreement (under s77/78 of the Consumer Credit Act 1974) and therefore the debt is unenforceable. I am disputing the total amount of these debts.

Whilst the accounts are in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

N******* = I have noted that since that 22 Sep 07 you have been adding £12.00 admin charges per month.

B******** = 20 Oct 07 £66.00 in admin charges.

I will only communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

 

 

 

 

 

 

 

Is this ok to send them?

[maroondevo52]

Hello and Welcome, Kittycatty.

 

I would remove your name.

Just from your post, not your letter.

The letter looks ok to me, but I'm no expert. Someone else will advise you.

 

Regards.

 

Scott.

[maroondevo52]

Is it something like this your looking for.......

 

Dear Sir/Madam,

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As **DCA** have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If **DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

 

 

 

Regards.

 

Scott.

 

 

 

[kittycatty]

Hi

Thanks for replying.

 

Which is the better letter to send.

Also I have amended my letter to include "As there is no signed Credit agreement on file I object to the charges being levied on these accounts."

 

 

 

would this be ok?

 

 

 

Ta

[maroondevo52]

Sorry, Kittycatty.

 

I told you I'm no expert, as you have been making payments, I'm not sure what you should send.

 

Someone will help you shortly.

 

Regards.

 

Scott.

 

 

 

[kittycatty]

Ok

Thanks

[maroondevo52]

Do you know, when you do something then think, what have I done.

Well for me this is one of those times.

 

Your thread title says 'Really confused'. Well I've made it a whole lot worse.

 

Trying to get help.

 

Regards.

 

Scott.

 

 

 

[kittycatty]

Hi

Thanks,

I have been paying them but because of changes in circumstances means I need to reduced payments, they were unwilling to help so I though s** them.

As I said I don't mind paying the reduced payment but as the debt is unenforceable I object to paying the interest and charges levied against me. I they still play hard ball so will I.

 

Ta

[saintly_1]

Either of the 2 letters are ok to use (which dosent help matters I know)

 

The position is that the debt isn't legally enforceable.

 

If they continue to try to enforce, then you can complain to F.O.S. and/or launch a court action.

 

You can also SAR them with a view to reclaiming the charges that have been levied on the accounts

 

saint

[pt2537]

Hello there

 

 

My old friends littlewoods are at it again are they

 

oh bless their cotton socks,

 

Right, if they have turned around and confirmed that they have no credit agreement they are Pi$$ing into the wind if they think they are going to be adding charges for starters. the right to add charges comes from the contract, that same contract that they no longer have;) so as a result No CCA = No charges

 

No CCA also means they are not entitled to a penny of your money and they cannot even think of taking this before a court

 

i think you need to fire off a take it or leave it offer, and then take it from there

 

i am sure i have a letter on file somewhere that will sort the mcmuffins out suitably

 

i have just threatened them with legal action and they folded right before i issued legal proceedings so they are not unbeatable

 

i will trawl my pc to see what letters i can dig up, i will post up a suggestion this evening

 

regards

 

paul

[kittycatty]

Hi thanks,

If you could find your letter (which might be better if you have been though this before) then that would be great.

 

Thanks

[pt2537]

 

 

Dear Sirs,

 

 

Account no xxxxxxxxxxxxxx

ACCOUNT IN DISPUTE

 

Re: my request under the Consumer Credit Act 1974

 

 

Thank you for your letter dated **********, the contents of which are noted

 

You attention is drawn to the fact that this account is subject to a serious dispute.

 

On xx/xx/2007 I requested ********supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78

 

Since you have confirmed that you do not have a copy of the credit agreement, I am sure you will be aware that as this account stands, it is rendered unenforceable. As a result I am within my rights to cease payment, however as a gesture of good will I am prepared to make the following offer on the following conditions

 

I am prepared to pay for the goods, however this does not extend to paying any interest or charges that you have added.

 

Therefore I am prepared to pay xx per month on the provision that you remove all interest from the account and also remove all admin charges

 

Should you refuse I shall without further notice cease payments on this account, as you are not entitled to any interest or to add admin charges where there is no credit agreement

 

I would like to point out that under S127 (3) of the consumer credit act 1974

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). Therefore NO SIGNEDAGREEMENT =NO PROSPECT OF ENFORCEMENT

I would expect you to confirm acceptance of this offer within 14 days. If I do not hear from you within this time frame I will consider that you have rejected this generous offer and it will be permanently withdrawn

Given that you have no prospect of enforcing this agreement, It would be a very good idea to accept my offer

Further more, since I have never signed a credit agreement, nor have I ever been made aware of your data usage policy or consented to you sharing my data with third parties I am putting you on notice that any attempts to share my data with a Credit reference agency will result in a complaint to the ICO and the possibility of litigation being brought against your company for breaching the DPA 1998

 

 

 

 

 

I trust this out lines the situation

 

Regards

 

 

 

i would throw that at the mcmuffins and see what they have to say about it

[kittycatty]

Hi

Thanks for that letter it's great. I am sending it off today.

 

Thanks again.

[kittycatty]

Sorry

 

Can I ask another question please.

 

If a company doesn't supply my CCA within the 12 + 2 days do I need to wait another 30 before sending a reminder letter or can I send one now?

 

Thanks

[kittycatty]

Hi

Littlewoods caught me off guard this morning with a phone call.

I told them the account was in dispute and that all correspondence should be in writing only, the nameless girl said they WILL continue to call and they WILL continue to add interest and charges.

 

I told her again the account was in dispute and that they were not allowed to add x + y until resolved but she said I was wrong and that the account will be passed to a DCA.

 

In the end I said I was not willing to discuss anything else with the numpty and hung up.

 

Q. If they keep calling after I have requested they communicate in writing only are they in breach of anything?

Q. If they continue to add charges and interest are they in breach of anything? (I'm sure I read somewhere they couldn't)

 

Ta

[kittycatty]

Morning,

Anyone about?

 

[maroondevo52]

Hi, Kittycatty.

 

I,ve borrowed this from Steven 4064 a Site-Helper...

 

THis type of behaviour is contrary to the OFTs Guidance on Debt Collection Quote:

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

It is unlawful under the Administration of Justice Act 1970 Quote:

under Section 40, it is an offence to harass anyone with demands for payment which "in respect of their frequency or manner or occasion of making any such demand, or of any threat or publicity by which any demand is unaccompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation".

and under section 1 & 2 of the Protection from Harrassment Act 1997 Quote:

1 Prohibition of harassment

 

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other....

2 Offence of harassment

 

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

 

 

Personaly, in these types of letters, I always add a paragraph "If you do not understand any of the contents of this letter you should consult a qualified solicitor"

 

If you do not get a satisfactory response to that letter within 7-10 days then report them to the OFT and OFTEL. If they phone, as soon as you realise it is them, hang up. Do not enter into conversation with them. Insist everything is in writing.

 

Finally, make sure you keep a record of all communications - times, dates, content.

__________________

 

 

 

With your second question, I'll get back to you, I have to go out. Maybe someone else will give you details.

 

 

Like Bo.

 

Regards.

 

Scott.

[kittycatty]

Hi

 

Thanks for that.

x

[pt2537]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/93571-pt2537s-cca-request-against.html

 

Morning kitty,

 

sorry but im a little busy and will be for the next few days, ive got a major law assignment due on the 5th. if you have a looksy through my thread ive posted it documents my battle with them and may be of use to you.

 

 

i will look in when i have more time {EDIT} whoops i must have misread as i thought this thread was in general consumer issues forum:oops:

regards

paul

[mrmarmite]

Is it something like this your looking for.......

 

Dear Sir/Madam,

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As **DCA** have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If **DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

 

 

 

Regards.

 

Scott.

 

 

 

 

 

send this 1 kitty, AND stop making ANY form of payments to them, without the CCA they have NO legal rights to the debt, should they get pushy warn them that YOU will instigate court action against them for harassement of a debt that they have no legal right to collect.

[kittycatty]

Hi paul are your about?

 

Have you got a sod off letter tht I can send to NDR please, as this morning they have sent a default notice and threatened door colections and court action.

 

Thanks

[pt2537]

Hi

 

What have they sent?

 

 

 

can you scan and post the letter removing all the personal details first?

[kittycatty]

Morning Paul,

 

Sorry no scanner.

 

It's the standard letter with a default notice attached.

 

"The notice is telling you that, if you do not pay the amount at £xxx.xx by the 08 April the following will happen." Please contact NDR immediately.

 

and so on.

 

The contact me by telephone a couple of weeks ago and I told them the account was in dispute so bog off, had no other contact with them until now.

 

Ta

[pt2537]

thats why i wanted a look as ive never seen a default from littlewoods in my time on here,well i cant remember seeing one anyway

 

do you have a digital camera? that you can take a snap with and post it?

 

im not sure what letter to give you as i dont know what they have sent