Pugsley v Littlewoods

[pugsley]

thought it was about time I started my own thread on this company.

 

 

I have attempted to get my credit agreement from NDR who are trying to collect the money I owe on this account, 12 days have now passed and no credit agreement has arrived, meanwhile this account has now be passed on again to Debt Managers Ltd Edinburgh who are threatening court action, I have today sent another postal order to them to try and get the credit agreement sent to me. As far as I know I haven't got a credit agreement with Litttlewoods. I have infomred them that I have attempted to get the agreement from NDR and they are (NDR) in default and that the account is now in dispute.

 

I am not expecting them to reply in all honesty.

 

Do you think I should send a postal order to Littlewoods as well?

 

I have had lots of charges on this account which I am not going for yet as they haven't supplied the credit agreement.

[pugsley]

well today I got a letter from Littlewoods

 

 

with ref to your letter 3rd october

under dections 77 and 78 of the CCA 1974 we are required to provide a copy of the executred agreement (if any). On the assumption that you have signed the agreement supplied to you at the time of opening the account. We enclose a copy of our agreement, which complies with the requirements of the consumer credit ( cancellation Notices and copies of documents) regulations 1983.

 

 

 

Help with a reply would be great, obvioulsy I now have proof they do not have the agreement, what they have sent me only has my name and address typed in and no date!

 

update asked again for the agreement and will be sending pbards letters as below soon

 

Dear creditor

RE: MY request under section77 of the consumer Credit Act 1974 for a true copy of my orriginal signed agreement.

 

Dear Sirs

 

Thank you for the reply and the documentation you encolsedd as per the above request.As you quite rightly say section 3 of s.i 1998/1957 states that you are not required to enclose a signed copy in response.

You will however realise that due to the time ellapsed since my alleged agrement was signed and the complexity of the document, it would be impossible for me to verify this as a true copy of the orriginal executed agrement, without the presence of my signature.

As I am sure you are aware in proceedings of thes nature the burden of proof rests with you to confirm that you posess such a document, it is not for me to prove that you do not.

If such a document exists surely it would be far simpler for you to produce it now rather than to have to produce it later in a court setting.

You would then be in the unenviable position of explaining to the judge the reason for wasting the courts time in bringing an action that could have been resolved so easilly.

Finally i am afraid that since the document cannot be verified you have not met your commitments under section 77 of the act and remain in default untill such a time that you produce the signed verifyable documentation.

 

Yours

 

 

Regards

 

or this by peter bard

 

they have sent the unexecuted precontractual copy.

This is not what you requested you want a true copy of the executed agreement.

As per your request their is nothing in the copy they sent you to say you signed.

 

Write back and say someting like

Thankyou for your alledged copy of the precontractual information you wil note however that even if i accepted this as such, it is not what was requested i require true copy of the Executed agreement and any other documents referred to theirin.

I find it difficult to understand why you do not forward a copy of the signed agreement if it exists.

As i am sure you realise not provideing this evidence would conflict with pre-action protocol 4.6 and would make your postition extremely hard to justify should this matter go to court.

If it were shown that this was the case then the agreement would be unenforceable.

I would remind you that you are still in default etc.

 

Sorry about the spelling but you get the idea,

Best

regards

Peter

 

 

[pugsley]

still haven't heard from them which is strange

[pugsley]

no I haven't sent a response

[pugsley]

well they do indeed intend to ignore me at present (which has been nice) so I will be sending a response asking for default removal as they obviously have no credit agreement, am expecting this to be rather drawn out though, from reading other threads.

[pugsley]

Been having a break from all of this but Littlewoods have annoyed me now, sending or selling my account and I am getting chased again

 

Have sent off another CCA, but I am going to have to get tough now and start complaining to authorities as no credit agreement exists

[pugsley]

sent off a cca request to marshall ward (using same thread as they are part of the Littlewoods group anyway) regarding another account with a small balance a default has been issued which I want removed as it is made of completly of charges anyway.

 

 

They have wrote back saying the client does not have a cca but I should pay them back anyway as I received the goods and this will help out my credit file.

 

 

I want the default removed and need to know how to go about this?

 

 

also 12 days have just passed should I wait another 30 days before starting anything as they might try to reconstruct an agreement.

 

 

 

any help appreciated

[steven4064]

I would write and tell them the 12 days has elapsed and that, under s78(6) of the Consumer Credit Act 1974 they may not enforce the account - that means -

 

1. they may not ask for payment

2. they may not add interest or cahrges

3. they may not pass infoemation concerning the acccount to any third party including but not limited to credit reference agencies

[pugsley]

Thanks I will try that:D, I also want to write a letter to Experian enclosing a copy of the Moorcroft/marshall ward letter admitting there is no credit agreement and ask for the default to be removed, is there a template for this?

[steven4064]

I don't think there is a template for this. Just write to them in plain English and quote the relevant bits of the Consumer Credit Act 1974 (s78(6), s61(1) and s127(3))

[pugsley]

ok thanks:)

[steven4064]

If you want, you could post the letter here before you send it so we can take a look

[pugsley]

Pugsley v Littlewoods

 

red castle recoveries have returned my £1 postal order and returned he account to Littlewoods as they cannot supply me with a credit agreement.

[steven4064]

Pugsley v Littlewoods

 

red castle recoveries have returned my £1 postal order and returned he account to Littlewoods as they cannot supply me with a credit agreement.

So far, so good

 

You need to send the CCA request to Littlewoods now (if you haven't)

[pugsley]

Littlewoods have sent me a blank credit agreement before with just my name and address on, getting Littlewoods to admit they have no credit agreement is very hard to do without going to court, which i can't afford to do.

[steven4064]

Perhaps you should send them a 'put up or shut up' letter as I have heard them called - ie remind them that they haven't sent you a copy of an agreement that would or could be enforced by a court and therefore you do not acknowledge any debt to them. Tell them that you believe that to be the end of the matter. (If there are negative markers related to this on your credit file, you should require that they remove those too)

[pugsley]

I certainly need to do something over the next couple of years (delayed now because of te defaults) to clean up my credit file, I think I have 7 defaults and 6 of these do not have a credit agreement. Only 1 of these is settled so far as my credit card charges cleared the balance.

 

I need to go back to work and save for a conveyancing course which has been planned for ages, but I cannot start this course until I have no unsettled defaults as I have to sign a document saying this to qualify.

 

It is the expense of going to court I just can't manage, I live on housing benefit and child tax credits and child maintenance (single parent) and I think I only get about £20 more a week than Income support would be.

 

I did ask for fee remission at court but was very put off by the clerk who said I need to prove all my expenses which is very hard to do as I pay cash for gas and electric on keys etc. I usually get money out and pay for most things at a pay point.

 

I have been keeping receipts for the last month just in case

 

sorry for going on but needed to vent

[steven4064]

You will certainly be exempt from court fees. The application form is here and the notes here. Your local job centre (or tax office) will give you a letter saying what your benefits are for you to attach to the form

[pugsley]

thanks,

 

my benefits do not make me exempt (as i don't get income support) so I have to prove my income and give them 3 months worth of proof , receipts, bank statements etc, but I will continue collecting outgoing details and have another go, last time it was rejected with N1 form because I needed receipts etc.