littlewoods

[everton2005]

i am being harassed by a company working for littlewoods catalogue called debt managers limited for just over £1000 the letter states i have 7 days to pay or face a doorstep visit any help most welcome

[pt2537]

Hi there

 

Ok,

 

They are reasonably easy to despatch so dont panic

 

firstly, have you asked for a copy of the credit agreement from them? if you can let me know i will advise further

 

regards

paul

[mrmarmite]

hehe no worries, you need to send a thing called a CCA request Creditors and DCAs - Letter Templates & Budget Planner (CCA request and other templates)

 

send this by recorded delivery AND enclose a £1 postal order

[everton2005]

no i havent requested a copy of the credit agreement thanks for the quick reply;)

[loyalbrummie]

just to add my 2 pennies worth , DONT SIGN IT PRINT YOUR SIGNATURE.

[pt2537]

Ok Well, as a matter of urgency,

 

send them this http://www.consumeractiongroup.co.uk/forum/show-post/post-162367.html

 

inlclude a one pound postal order and do not sign the letter

 

send it recorded delivery and sit back and wait,

 

they have 12 working days to supply the information, if they fail to supply you the agreement then the account enters a default situation where they are not able to enforce the debt

 

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

 

in the mean time have a read of my thread versus littlewoods

 

it goes to show they are beatable

 

Regards

paul

[everton2005]

thanks for all your help folks i am doing the letter right now;)

[everton2005]

letter sent to debt managers ltd so lets wait and see

[mrmarmite]

and let the fun begin

[everton2005]

lol they bug me:grin:

[mrmarmite]

the problem you will have is trying to get a default removed, dunno who owns who but gus group owns littlewoods, they also own experian credit agency, they also own argos, they also own a debt collection agency,

[everton2005]

yep that is going to be the main problem but anything to stop them harassing me i will be happy about:p

[Hopeful1]

Good luck Everton. I too an in the "Little-no-cca-woods" club

[mrmarmite]

yep that is going to be the main problem but anything to stop them harassing me i will be happy about:p

 

harassement? wat by telephone? if so look in template library for letter harassement by telephone letter

[everton2005]

well here is the latest update received a letter today from parkgate investigatin bureau (sounds good lol) saying as i have not been in contact with debt managers(liars sent letter for copy of cca got no reply) and they are going to send doorstep collectors out or trace and audit investigators (yes send them out they will be sent packing) wonder what my next line of action should be;)

[mrmarmite]

threaten DM with court action of course

[everton2005]

threaten DM with court action of course

do we have a template letter for that mr m;)

[frank 62]

just go to the c a b i did they will help you

[mrmarmite]

hang on, i'll fish out one from my files but it not a template letter

[everton2005]

thanks mr m

[mrmarmite]

Dear Sir/Madam

Account In Dispute

 

Ref:

A/C

 

Thank you for your letter dated 12 February 2008, the contents of which have been noted.

 

You (COMPANY NAME) have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On the 3rd of October 2007 I wrote to you requesting a copy of the credit agreement under the Consumer Credit Act 1974 (Sections 77-79). On the 8th of October a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests by failing to supply the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974. In my letter of the 3rd of October I made a formal request for a copy of the signed, executed credit agreement for the above account under section 78(1) of the Consumer Credit Act 1974.

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

 

As you are no doubt aware section 78(6) states:

 

 

If the creditor 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 this account has become unenforceable at law.

 

My request remains outstanding. An application form which does not contain the prescribed terms laid down in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI

2004/1482)does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A application form neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and have sent an application form of which is pre-contractual agreement. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute. The lack of a properly executed credit agreement that contains the prescribed terms as laid out in the Consumer Credit Act 1974 is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing. I have sent a copy of this letter by RECORDED delivery to NAME. Executive Office Manager at COMPANY NAME head office to ensure it’s safe arrival as you cannot send a recorded delivery letter to a Post Office box.

 

Yours faithfully

 

MODIFY as required and sent by recorded delivery

[mrmarmite]

alter the part where application form is, i used this for a credit card company but it's fairly relevant to what you need

[everton2005]

just reading up this bunch of cowboys are actually part of the same group as debt managers :o

[everton2005]

think i may have cocked up as i sent cca request to the p o box number should i resend

[mrmarmite]

look at bottom of letter you got with PO box address on it and in small print HOPEFULLY you see a registered orfice address, re-send by recorded delivery, if not send it to littlewoods and see what happenes