littlewoods

[everton2005]

received a letter today from our friends at debt managersbasically saying thatthey have requested a signed agreement from littlewoods and will contact me when they have this

[pt2537]

received a letter today from our friends at debt managersbasically saying thatthey have requested a signed agreement from littlewoods and will contact me when they have this

So the next letter will be the one that says "ooppps we dont have it so were gonna buggar off and leave you alone":lol::lol:

[everton2005]

thanks for your help:)

[everton2005]

still no letter from debt managers with a signed cca from what i gather they are now in default is this true if so whats my next step do i do nothing thanks

[dpick]

Hi watch Littlewoods they sent me a blank agreement which they had filled in with the correct name but our present address not the address we were living at when the account was opened. From experence Littlewoods have just in the last 18 months started to send out agreements to be signed so they porbably don't have one for you.

 

all the best dpick:)

[everton2005]

quick update on this received a letter today from moorcroft pre court division saying the letter is a notice of intended litigation but i have still not received a cca for this debt any advice as to my next step please

[everton2005]

anyone please

[Hopeful1]

Moorcroft send out many, many pre-court division letters. I had one for my L'woods account. Write something back along the lines of informing them the account is in dispute and that further demands for money will be reported to Trading Standards.

 

i've just quickly looked through the last few posts on this thread. You could use the relevant parts of the letter Mr Marmite posted up.

 

Hope that helps a little

[everton2005]

i have a littlewoods debt i cca d debt managers received no cca now moorcroft are chasing same debt any letters to send them

[ODC]

send them this

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New 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.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[everton2005]

superb letter hopefully that will have them with there tail between there legs;)

[debt4get]

moorcrap specialise in these my wife in same position but moorcrap even after insisting they had NO cca still wanted her to admit she owed money and to pay them they really are unreal

[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. To date ******** have failed to comply with my request and have totally ignored my written reminders sent via recorded delivery of this fact. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you or *******, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974

 

 

For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) 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.

 

 

 

Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states

 

If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement;

 

Clearly this is a situation as described in s78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states

 

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).

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

 

 

To clarify s61(1) states

 

(1)A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

 

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

 

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

Furthermore under the ruling of Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299 the court of appeal confirmed that the prescribed terms referred to above must be contained within the agreement itself and not in a separate document

 

 

Therefore based upon the Consumer Credit Act 1974and the various pieces of case law and legislation quoted this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced..

 

At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as ********* become compliant with my request. As ****** are still not in compliance with my request I insist that the following takes place with immediate effect

• All charges levied since ******** 2007 be removed from the account and further charges cease until such time as ******* comply fully with my original request or such time as a court makes an enforcement order
  
• All entries which refer to missed payments be removed from my credit file
  
• All collection activities by your company cease with immediate effect until ******** comply with my request from ********* 2007 or such time as a court makes an enforcement order

In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

What I Require.

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

If no credit agreement can be produced I suggest you give consideration to writing off this debt. Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful

 

No other correspondence will be accepted

 

I trust this out lines the situation

 

Regards

 

 

 

 

you could throw that at moorcrap

[everton2005]

thanks pt your a star;)

[everton2005]

right quick update received another letter off moorcroft notice of intended litigation how can they do this when i have sent letter of debt in dispute .it seems to me they have totally ignored that letter any idea what to do next:confused:

[everton2005]

bump

[Hopeful1]

Hi Everton.

 

Have they exceeded all the time scales - 12+2 working days and then the 30 calendar days?

 

If so, you should report them to trading standards. Without an agreement they have no legal right to continue chasing / threatening / harrassing you.

 

Here's a link to get you going: Consumer Direct

[pt2537]

or you could try this website Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

it will allow you to find the contact details for your local Trading Standards

[Hopeful1]

or you could try this website Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

it will allow you to find the contact details for your local Trading Standards

 

Ok, you win

[everton2005]

thanks for the help;-)

[Hopeful1]

thanks for the help;-)

 

Make sure you let us know how you get on

[everton2005]

latest update received a letter off moorcroft saying the account is now on hold and a copy off there complaints procedure and the letter is signed by the operational supervisor:D

[Hopeful1]

latest update received a letter off moorcroft saying the account is now on hold and a copy off there complaints procedure and the letter is signed by the operational supervisor:D

 

 

Yay!! Well done, Everton

[everton2005]

thanks hopeful for your support;)

[pt2537]

well lets see what they come up with, probably ,knowing how poor littlewoods are at document retention, they wont find anything and will write back saying they have transferred the debt back to littlewoods