Really confused.

[kittycatty]

Just charging the camera up and will try to take a decent photo:D

 

Ta

[kittycatty]

Right have taken a photo and edited out my details, how do I post it on here please.

 

Thanks

[pt2537]

http://www.consumeractiongroup.co.uk/forum/show-post/post-1151870.html

 

that link shows you how to upload a document, i would suggest you open a photobucket account at Image hosting, free photo sharing & video sharing at Photobucket and then follow the directions at the bottom of that page i posted above

[kittycatty]

Cool ta, am doing now.

[kittycatty]

I think I have done it

[kittycatty]

maybe not.

[kittycatty]

Im following the instructions but it keeps coming up "invalid link".

[kittycatty]

[kittycatty]

[kittycatty]

Yippeeeee it worked.

 

Are these clear enough Paul?

[kittycatty]

[pt2537]

yep, what a load of ball hooks,

 

they need a reality check the buffoons

[kittycatty]

Have you got a copy of a bog off please letter I can send them?

 

Thanks

[pt2537]

Can i just check

 

the actual default notice itself, does it have your name and address on it, and does it have Littlewoods name and address or NDRs on it?

[kittycatty]

The default notice has my name and address at the top of the letter outside the boxed area. Neither Littlewoods or NDR's address is anywhere on it apart from the company logo right at the bottom.

[kittycatty]

[pt2537]

The default notice has my name and address at the top of the letter outside the boxed area. Neither Littlewoods or NDR's address is anywhere on it apart from the company logo right at the bottom.

Oh dear,

 

well the bad news is i don't have a letter on file for this eventuality, quite simply i have never come across them actually issuing a notice.

 

however, the bad news for them is

 

i have access to the regulations that set out how to the letter a default notice MUST look

 

and let me assure you their pityful attempt doesnt even come close

 

i quote the following from Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

SCHEDULE 2

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE

DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY

SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE

AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

Regulation 2(2)

Details of agreement

 

1

A description of the agreement sufficient to identify it.

 

Parties to agreement

2

(1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

3

A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

 

Now from my reading this abomination doesnt even come close to including the required information

 

oh well, letter writing time i guess

 

NDR arent too hard to dispatch so dont panic

[kittycatty]

Would a simple letter reminding them that the account is in dispute and that they are in breech of the OFT guidelines be ok?

 

Thanks

[pt2537]

oh and just to add, NDR arent even the creditor so thhey shouldnt be issuing a Default notice

[pt2537]

Would a simple letter reminding them that the account is in dispute and that they are in breech of the OFT guidelines be ok?

 

Thanks

 

No cos it will be letting them get away with what they have done and will allow them to come back with more generic replies,

 

they need hitting with the facts and putting on notice that any attempts to mess around will result in the biggest slap ever

[kittycatty]

Does this sound ok?

 

Littlewoods Finance Company,

Aintree Innovation Centre,

Park Lane,

Netherton,

Bootle.

L30 1SL

Dear Sirs,

 

Account no xxxxxxACCOUNT IN DISPUTE

 

Re: my request under s77/78 of the Consumer Credit Act 1974.

 

My request for a copy of my properly executed Consumer Credit Agreement remains outstanding.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 6/02/08. Upon receipt of the original request the specified account legally entered into a disputed status.

 

My request remains outstanding.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 26/02/08 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is 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.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 26/02/08 and subsequently will commit a criminal offence on 10/04/08

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

 

Yours faithfully

[pt2537]

I would hold fire, that letter doesnt address the Default notice

[kittycatty]

Ok Paul.

 

Thanks

[kittycatty]

Morning peeps

[pt2537]

Mornin KC

 

Havent had a chance to put my letter writing head on yet

 

will try and get around to is today