littlewoods

[everton2005]

right cc a d these on the 19th march got a reply stating requested off od received a letter off littlewoods direct today stating they cannot locate the copy of the executed agreement.they have enclosed a copy of the current agreement:D without name adress signature date

[zazen.warrior]

Send them an account in dispute letter - it's deadlocked until they comply with your CCA request.

[everton2005]

from what i read from the letter is they dont have one so cannot go any further with it

[everton2005]

does this mean they cant go any further

[everton2005]

any opinions please

[everton2005]

take a look please

http://i36.photobucket.com/albums/e38/everton2005/lastscan2.jpg

http://i36.photobucket.com/albums/e38/everton2005/lastscan1.jpg

Edited May 25, 2008 by everton2005

[pt2537]

right the words ki$$ my Ar$e spring to mind;)

 

they openly admit that they dont have the agreement, so thats good enough

 

they say "you agreed to make payments every 28 days"? really, ? i would like top know how they can say that without a credit agreement as the blank copy they sent you clearly shows the repayment schedule, so if they can find the signed agreement how can they say you agreed?

[everton2005]

ha ha pure class pt thought so much but its always nice to get another opinion thanks so much:p

[pt2537]

Dear Sirs,

 

thank you for your letter dated xx.xx.2008 the contents of which are noted.

 

i note you state you cannot provide a copy of the agreement yet you clearly state that i agreed to make repayments every 28 days.

 

i have no recollection of making such agreement with your company and would respectfully request that you substantiate your frivolous claim with supporting evidence of this fact.

 

otherwise i require that you retract this comment as unsubstantiated

 

Furthermore i note that since you have openly confirmed that you do not have the original agreement, you are inbreach of various financial regulations.you would be aware of the fact that you would need to be able to produce a copy of the original agreement should you ever need to take legal action to enforce the agreement. you would also need to be able to produce a true copy of the Agreement upon request pursuant to section 78 (1) Consumer Credit Act 1974, therefore it stands to reason that you must surely hold such document.

 

According to sections 221 and 222 of the Companies Act 1985, a public company is required to maintain records for a period of six years (section 222(5)(b).

 

 

As a loan agreement is active until the agreement is terminated, I would suggest that all the payment records (and other documents making up the file - including the agreement/application etc) would be "live" until the account is paid, or terminated - thus, the full file should be retained for at least six years after that.

 

This interpretation fits in with Inland Revenue legislation that requires prime documents to be retained for a period of six years - AFTER THE END OF THE RELEVANT ACCOUNTING PERIOD. That would mean some files need to be retained for up to seven years. The relevant legislation is found in Schedule 18 of the Finance Act 1998 (paragraph 21) - of particular significance is sub-paragraph (6) which states:

 

"The duty to preserve records under this paragraph includes a duty to preserve all supporting documents relating to the items mentioned in sub-paragraph (5)(a) and (b)."

 

Finally, key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007.

 

 

Furthermore, i require clarification that unless you can provide a copy of the alleged credit agreement which you allege is the contractual document between us, the matter is closed and i will hear no more of it. should you refuse this request then i put you on notice that i shall send you a letter before claim setting out the issues i have in accordance with the Civil Procedure Rules Pre Action Protocols and should you further ignore this i shall seek to instigate legal action against your company pursuant to the Consumer Credit Act 1974 S142(1)

 

Also i look forward to your full explanation as to why you cannot produce this document, has it been lost , if so i want a full explanation as to how this has happened, as this would be a breach of 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

Should you fail to respond to this letter i shall inform the relevent enforcement authorities of the issues raised in this letter.

 

I look forward to your reply

I would throw something along those lines at them

[Guest forgottenone]

Hello, Everton. Am having problems with Littlewoods and just wanted to ask. Did you refinance the original account? I've CCAd Littlewoods and that's exactly the same thing I remember seeing some time ago now.

[everton2005]

no i didnt refinace the original account

[everton2005]

i received this today and must admit i am rather bemused as they know what i am requesting http://i292.photobucket.com/albums/mm15/longyblue/lx.jpg

any help most welcome

[zazen.warrior]

I would send them a copy of your CCA request in their stamped envelope. With a very brief covering note requesting compliance.

[pt2537]

well a failure to supply information under the Consumer Credit Act 1974 is a clear dispute

 

i would even go as far as to write back setting out that you dispute the amounts claimed as they contain interest and you require a copy of the agreement that you entered into (allegedly ) to show that they are entitled to claim such amounts of interest and also that the debt is legally enforceable

 

the chundermonkeys dont have the agreement IMHO and they are trying it on.

[everton2005]

quick update received a letter today off these muppets concerning my complaint in relation to a credit agreement we will contact you when a full investigaion of your complaint has been made .we take complaints seriously [haha] lets wait and see;)

[everton2005]

got a letter off moorcrap saying the account is on hold[again lol] while they get info off od

[pt2537]

ah bless them

 

still trying to get the info eh?

[everton2005]

lol he he

[everton2005]

now iqor give up too:grin:

[pt2537]

oh dear, at this rate you'll have no one to annoy:D

[everton2005]

quick update littlewoods have finally give up and have closed the file at last:p:D

[Dorabell]

Well done:p kays did the same with me so we need to guard these letters with our lives:lol:

[KER]

Well done:p kays did the same with me so we need to guard these letters with our lives:lol:

 

What is the safest thing to do with these letters I wonder... fireproof safe behind a picture in the wall?

[Hopeful1]

quick update littlewoods have finally give up and have closed the file at last:p:D

 

Quite righttoo! Well done, Everton. It shows how patient you need to be.

 

[everton2005]

well well well now its been passed to gothia lol