Really confused.

[kittycatty]

Ok Paul, I really appreciate your help with these muppets.

 

Thanks x

[kittycatty]

Hi,

Anyone about?

[mrmarmite]

yup

[kittycatty]

Hi

Still struggling with a letter to send to the nice people at NDR.

[maroondevo52]

Hi,

 

pt2537 is a very busy chap, I'm sure he'll be back (heard that somewhere before)

If I was clever I'd do one for you, but I'm not

[pt2537]

No probs, im addressing the letter now

[pt2537]

Dear Sirs,

 

Re Account no

ACCOUNT IN DISPUTE

 

 

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

 

I wish to draw your attention to the fact this account is currently in dispute.

 

On the DATE a statutory request under section 78(1) Consumer Credit Act 1974 was made to your clients to supply me a true copy of the agreement for this account together with a copy of the terms and conditions and a statement of account.

 

Your client has failed to comply with this request and the time limit of 12 working days as laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 has long expired and as such the creditor (Littlewoods catalogue) is in default of my request and not entitled to enforce the account while the default continues

 

I note that you have served a document which you appear to be claiming is a default notice served under s87 of the Consumer Credit Act 1974. I would strongly advise that you undertake research as to the form and content requirements of a Statutory default notice.

 

I refer you to the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561). Schedule 2 sets out the requirements of the Notice and the Notice MUST contain as per point 2 the name and address of the Creditor and debtor. Now your notice fails to include the name of the creditor or their address and i further note that YOU ARE NOT the creditors and therefore not entitled to issue such notice. Moving on to the statutory form

 

 

Further more I note the Default is also deficient in the following areas

 

Section 2 (5) and (6) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 sets out the following

 

(5) Where any statement is required to be in a form specified in a Schedule to these Regulations and is reproduced in the notice, then apart from any heading to the notice, trade names or names of parties to the agreement—

 

(a) the lettering in the statement shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in the notice; and

 

(b) where words are both shown in capital letters and underlined in any statement specified in a Schedule to these Regulations, they shall be afforded yet more prominence.

 

(6) The wording in any such statement shall be reproduced in the notice without any alteration or addition, and in relation to any statement to be contained in the notice the requirements of any note shall be complied with, except that the words "the creditor" may be replaced by the name of the creditor, by the expression by which he is referred to in the agreement or by an appropriate pronoun, and any consequential changes to pronouns and verbs may be used.

 

 

The notice fails to include the following statement in the form as shown

 

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

 

Also the notice fails to set out the statement as set out below

 

"IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]"

 

 

The statements referred to above are laid out in schedule 2 of Consumer Credit (Enforcement, Default and Termination Notices Regulations 1983 (SI 1983/1561)

 

For a creditor to be entitled to terminate a regulated credit agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the agreement, a creditor must serve a Default Notice under section 87(1) CCA 1974 which states

 

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

 

(b) to demand earlier payment of any sum, or

 

© to recover possession of any goods or land, or

 

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

 

(e)to enforce any security.

 

 

 

I note the opening part of section 88(1), which states

 

88. Contents and effect of default notice.

 

— (1) The default notice must be in the prescribed form…….

 

The word must makes it clear that no variation is acceptable. Therefore it cannot be dispensed with as a De Minimus issue

 

 

 

I note that the regulations do not allow any variation in the form of these statements and there fore it is suggested that where the statements are not as laid down in the regulations the default notice is rendered invalid as a consequence

 

In the case of Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 in the Court of Appeal, the court addressed in some detail the issue of the contents of a default notice and should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would render the default notice invalid I quote the comment of KENNEDY LJ: “This statute was plainly enacted to protect consumers, most of whom are likely to be individuals” the judgment appears confirm the consumer credit legislation made under the Consumer Credit Act 1974 as plainly enacted and set out to offer protection to the consumer.

 

Further more I refer again to the case of Woodchester Lease Management Services Ltd v Swain & Co. In outline the ruling required that a default notice served under S87 MUST contain accurate payment information and accurate figures, which inform the debtor what payments are required to remedy the breach of contract. Since your client has been continuously adding charges to this account whilst they are in default of my request, which they are not entitled to do so by statute, the figures you quote are clearly incorrect and as a result will render any default notice unlawful too

 

Since it now appears that you are dealing with this account and attempting enforcement activities I require that you take the following action.

• You supply a true copy of the credit agreement for this account, for the avoidance of doubt a sample credit agreement or a new agreement taken from the back of the catalogue will not suffice

• If you do not hold the required documentation, I require that you obtain it from your client and forward it to me

• If you are unable to do so because your client does not hold the required documentation then I require written clarification this is the case and I require written confirmation that the Account has been discharged and zero balance recorded with credit reference agencies

• Finally if you cannot comply with point 3, I require that all adverse credit data is removed from my credit file with all credit reference agencies

I feel it is reasonable to ask that you comply with this request within 14 days from receipt of this letter

 

If you fail to comply I will file a claim in the XXXXXXX County Court seeking a ruling that this debt is unenforceable and that ruling will be sought pursuant to section 142 of the Consumer Credit Act 1974. In addition I will seek removal of all adverse data on my credit file, which is a direct result of your client defaulting on my CCA request and I also reserve the right to seek any quantifiable damages, which I may suffer as a result of your clients and your companies actions

 

Do not ignore this letter, if you do not understand it please pass it to someone who does.

 

 

 

Regards

 

 

 

 

 

 

......

[maroondevo52]

See how easy it is

[mrmarmite]

ooooooooooooooooooo PT I hope you not getting sarcastic now :D :D

[mrmarmite]

lmao since when was it the ConsumerS Credit Act, ya slippin dude,

 

 

p.s I clould really do with your assistance in my thred entitled "28 Days later (and no not the film)

[The GodMother]

No probs, im addressing the letter now

 

But you did not address the letter.

How does it no where to delivery its self?

[kittycatty]

Paul you are a star. I could never have come up with a letter like that.

 

Thanks once again.

 

p.s will update when I have had a reply. BTW Littlewoods / NDR time limit is up on the 10/04/08. They will have had their 12+2+30 by then.

 

xxx

[pt2537]

Paul you are a star. I could never have come up with a letter like that.

 

Thanks once again.

 

p.s will update when I have had a reply. BTW Littlewoods / NDR time limit is up on the 10/04/08. They will have had their 12+2+30 by then.

 

xxx

 

Hi KC,

 

Forget about the 30 days at this point for that letter, the reason i say that is , in the letter it outlines the 12 working days to provide the info and once the 12 days pass its unenforceable

 

so where you have to enter the date , enter the one at the point where the 12 WD past, thats all you need to do

[kittycatty]

Sorry Paul, Where the XXXX are in front of county court do I add my local court or theirs?

 

Sorry for being dim x

[pt2537]

Hey dont say things like that, weve all had to learn how things work

 

right the court you put on the letter is your local court, not magistrates but county court

 

you can find which is your local court here The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available

[kittycatty]

Thanks Paul again

[kittycatty]

Finally had a response from Littlewoods, they are not chasing the debt as they cannot produce the CCA, but I would like to F & F them, is there a template letter around that would be suitable for them please?

[42man]

Good result KC !!! I don't think there is a set template, I think it might just be a case of writing with an offer....(are there likely to be any defaults on your file ?? you could use the F and F as a bartering tool)

[kittycatty]

Thanks.

 

No defaults, but some late payment charges etc.

 

If they agree to take all the charges off I will pay 75% of the remaining balance.

 

I think thats fair.

[42man]

I think that is incredibly generous of you....that is far more than a lot of other F & F's I have seen !! especially as there are excessive charges...!!

[kittycatty]

Ok

Absolutly peeved now.

Checked my credit report this morning and littlewoods have just added a Default. It was added on the 16.06.2008 but only appeared today.

They havent sent a default notice or anything.

Any suggestion on what to do next please.

 

BTW no responce to the F&F

 

Thanks

[kittycatty]

Just spoken with my TS and again they do not want to know.

[Guest Old_andrew2018]

Hi

I realise it is a long time since your last post, is there any news?

 

Regards

 

Andy

[The GodMother]

kitty has not been on since december

[Guest Old_andrew2018]

It would be interesting to hear of any progress, lets hope she had set up e-mail notification for replies.

 

Andy