Jd Williams Cca Help

[microbar]

HI All

I have a debt with shop direct litwoods.

I have been paying a token payment for the last 2 year directly to litwoods ilness support team.

But having received letters every month from NDR teling me I had either paid insuficient payment or late payment I was charged £12 a month.

I therefore stopped paying the token payment and told shop direct to take me to court.

As at least then There would not be any further charges.

However they just kept charging the £12 untill finally assigned the debt to lowell.

I then asked lowell for a statement of all charges and expected lowell to deduct these charges.

But lowell just ignored this I therefore asked for a copy of my signed credit agreement.

But did not send £1 I just asked for it.

I received the letter below on the 27th july.

http://i260.photobucket.com/albums/ii16/microbar123/LET1.jpg

Then to my suprise I received a letter from lowell the next day 28th july as below.

http://i260.photobucket.com/albums/ii16/microbar123/LET2.jpg

This along with the following application forms.

 

http://i260.photobucket.com/albums/ii16/microbar123/LET3.jpg

http://i260.photobucket.com/albums/ii16/microbar123/LET4.jpg

http://i260.photobucket.com/albums/ii16/microbar123/LET5.jpg

http://i260.photobucket.com/albums/ii16/microbar123/LET6.jpg

http://i260.photobucket.com/albums/ii16/microbar123/LET7.jpg

My question is do I need to send another cca request off with £1 this time

As I did not request a application form but the true signed copy of the cca which obviously they do not have as letter 1 says so.

Also should I ask for confirmation as to whether they have an actual Agreement or not under CPUTR 2008. Thanks for your help.

Edited August 12, 2011 by microbar

[dx100uk]

dunno why you sent the cca really

 

best bet is to sar the OC

get all the statements

and put in a reclaim for all the charges + the interest they have charged you on them too.

 

poss clear the balance?

 

dx

[microbar]

dunno why you sent the cca really

 

best bet is to sar the OC

get all the statements

and put in a reclaim for all the charges + the interest they have charged you on them too.

 

poss clear the balance?

 

dx

 

As I said in my post I did not send a cca request With £1 I just asked,

And no even if They repaid the charges the debt would still not be cleared

I just Need advice on how to respond after receiving these conflicting replies thankyou.

[SURFBOY]

When was the account opend? Did you ever sign a CCA?

[ims21]

Hi

 

Personally I'd not be relying on iffy paperwork to challenge the debt. You have been paying so there is a clear financial link.

 

If you've been charged late fees etc for the last couple of years, reclaiming those with interest is going to amount to a tidy sum and will have a significant impact on what you owe.

 

ims

[havinastella]

Right, in answer to your problem, there is no simple answer.

 

In days gone by, No CCA = No debt.

 

This was preceded by the OC sending Terms and conditions for the CCA request.

 

Then it went from sending T&C's to sending a reconstructed agreement. Now this agreement HAD to be the same as the original. Same name, Address, T&C's etc. BUT some very clever manipilation and SOME VERY stupid Judges, started ruling that these made up agreements were fine.

 

This is completely wrong, but they do win using these in Court.

 

So, what do you want to happen from here?

 

Jogs

[microbar]

When was the account opend? Did you ever sign a CCA?

 

2006 and no not signed a cca thats why they have not found one as letter 1 shows.

[microbar]

Right, in answer to your problem, there is no simple answer.

 

In days gone by, No CCA = No debt.

 

This was preceded by the OC sending Terms and conditions for the CCA request.

 

Then it went from sending T&C's to sending a reconstructed agreement. Now this agreement HAD to be the same as the original. Same name, Address, T&C's etc. BUT some very clever manipilation and SOME VERY stupid Judges, started ruling that these made up agreements were fine.

 

This is completely wrong, but they do win using these in Court.

 

So, what do you want to happen from here?

 

Jogs

 

I am prepared to fight this in court if need be, and ready to inform them that I need confirmation as to whether they have an actual Agreement or not under CPUTR 2008

But would be gratefull for tips on a reply thanks.

[ims21]

Hi

 

Risky strategy going to court on the basis of paperwork IMHO.

 

As Jogs says, they do win in court with recon agreements where a clear financial link is demonstrated.

 

In any event, letter one says they haven't got one but is superceded by the recon they sent you.

 

I suppose you could write back saying account in dispute on the basis of not a valid agreement but i don't think it would get you very far....not in the long run anyway.

 

What kind of value of debt are we looking at here?

 

ims

[microbar]

Hi

 

Risky strategy going to court on the basis of paperwork IMHO.

 

As Jogs says, they do win in court with recon agreements where a clear financial link is demonstrated.

 

In any event, letter one says they haven't got one but is superceded by the recon they sent you.

 

I suppose you could write back saying account in dispute on the basis of not a valid agreement but i don't think it would get you very far....not in the long run anyway.

 

What kind of value of debt are we looking at here?

 

ims

 

1K Funny how they say on the 27th july not going to persue this debt then on 28th send me reconstructed cca they havent even spelt my first name correctly.

[dx100uk]

can i suggest you look at your cra file

and let us know what it says about this debt

 

lets get our ducks inline before we commit to any action.

 

dx

[microbar]

can i suggest you look at your cra file

and let us know what it says about this debt

 

lets get our ducks inline before we commit to any action.

 

dx

How do I get this sorry for my lack of knowledge.

[dx100uk]

no problem

 

goto the credit expert site

 

if you've got a credit or debit card

you can sign up now and get the report free

just remember to cancel the membership within 30days

 

also bear-in-mind you need to check any old addresses are listed as 'linked' to you to get the full report.

 

dx

[dx100uk]

three threads merged

please keep to one thread per debt

 

dx

[dx100uk]

have you sent that SAR off yet. - i bet the charges reclaim would wipe this debt out.

have you shecked your CRA file yet - is this debt showing?

 

dx