Oh my god, littlewoods

liz_uk · 31 January 2006 at 10:44AM

Ok, so here is the short of it !

Back in October I requested a copy of my signed credit agreement and sent £1, nothing was ever recieved.

After sending a 2nd letter, I eventually recieved an unsigned one 40 days after my initial request.

I have now - 4 months later had a call from littlewoods, asking why I am requesting my signed credit agreement and offering me a chance to pay £57 a month on my account. (I owe £375ish)

It has taken them this long....................

They are now referring my account to a debt collection agency. What are my nxt steps here, I can`t aford £57 a month and they won`t barter with me.

Kimberley · 31 January 2006 at 11:20AM

They must supply you with a copy of your signed agreement. I have sent Littlewoods 7 letters so far requesting this and still nothing. They have no leg to stand on unless they have proof you signed. It's no good them sending you an agreement with no signature.

System · 31 January 2006 at 11:38AM

Easy enough to spend their money though

Tootsie_Roll · 31 January 2006 at 11:50AM

Kimberley wrote:

They must supply you with a copy of your signed agreement. I have sent Littlewoods 7 letters so far requesting this and still nothing. They have no leg to stand on unless they have proof you signed. It's no good them sending you an agreement with no signature.

Sorry but that's complete rubbish and there are test cases to prove it although can't be @rsed to look them up.

In simple terms, if you have admitted the debt by making a payment then you have agreed to the Littlewoods T's & C's, same story if you have accepeted the goods in the first place.

Liz

If you can't afford the payment they are asking for then call/write to them enclosing an Income and Expenditure form showing exactly how much you can afford to pay them on a pro-rata basis with any other creditors you have - even if it's only a token payment of £1 each month.

Good luck.

Harassed_2 · 31 January 2006 at 11:51AM

After sending a 2nd letter, I eventually recieved an unsigned one 40 days after my initial request.

Send them a copy of this letter, they haven't a leg to stand on. Nothing the debt collector can do either, just tell the dc the account is in dispute.

I am in receipt of your letter dated (date); the contents are noted. The item and confirmation that I requested from you has not been supplied.

1. I requested a true copy of the consumer credit agreement that you state exists; to which I am entitled to under the Consumer Credit Act 1974 (CCA). The supposed copy that you have supplied is not a true copy; there are major errors in the information contained therein. I would draw your attention to the following. It is an offence under Section 40(1)(c)/(d) of the Administration of Justice Act 1970 to falsely present a document as having some official character which it has not, with the object of coercing another person to pay money claimed as a debt due under a contract. It is also contrary to the provisions of the Section 25(2)(d) of the CCA to mislead the debtor as to the origin or authority of any document.

2. I also requested you to confirm whether or not you entered a properly executed and signed consumer credit agreement for the above account. This you have not done. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

As the information which was requested has not been supplied, take this letter as notice that both the account and the amount you claim is owed, are in dispute. They will remain so until the requested information has been supplied.

I await your response in writing,

Tootsie_Roll · 31 January 2006 at 11:54AM

The advice above from Harrassed is simply wrong and he knows it from previous posts on other websites !!!

There are test cases that prove the debt is enforceable - up to the OP which way they go.

Kimberley · 31 January 2006 at 11:57AM

Tootsie_Roll wrote:

The advice above from Harrassed is simply wrong and he knows it from previous posts on other websites !!!

There are test cases that prove the debt is enforceable - up to the OP which way they go.

Your wrong, because Littlewoods have not contacted me for nearly 2 years because they have no signed agreement from me.

Harassed_2 · 31 January 2006 at 11:59AM

There are test cases that prove the debt is enforceable

Then quote case law, or clear off. The information given above is totally accurate, as other users of this board can vouch.

Your sole purpose in posting is give misinformation, troll. Why else would a minor employee of a debt collector, spend so much time on debt help forums during office hours. Purpose? To disrupt and give misinformation.

I leave it the users of the board to make their own minds up.

Tootsie_Roll · 31 January 2006 at 1:26PM

Harassed wrote:

Then quote case law, or clear off. The information given above is totally accurate, as other users of this board can vouch.

Your sole purpose in posting is give misinformation, troll. Why else would a minor employee of a debt collector, spend so much time on debt help forums during office hours. Purpose? To disrupt and give misinformation.

I leave it the users of the board to make their own minds up.

Look there is a world of difference between someone like Kimberley who for whatever reason has managed to get away with it so far and the facts which you well know as it was discussed some time ago on the DQ website - have you suddenley developed selective amnesia ? The fact is you enter the contract as soon as you take delivery of the goods and further confirm this by making payment - judges are not stupid and can see past this obvious attempt to avoid paying.

So there is a chance that Littlewoods might not bother to reply (as in Kimberely's case) but in this case they have sent a copy of the agreement so to advise some one that they don't have a leg to stang on is simply irresponsible when you know different.

Again I have to ask what your agenda is - in actual fact you are the one that is posting poor/irresponsible information on here so you are the troll - I have clearly stated my interest and motives in the past, you however have remained silent whenever challenged and just respond with the usual insults.

davek1 · 31 January 2006 at 1:35PM

Tootsie

Given what you have said MAY be correct would you please be good enough to give the stated cases because i have looked in various legal books including archbold and records of the high court and can find nothing. if you can point me in the right direction then the argument is resolved once and for all. i am more than happy to dig out the info and post it accordingly.

Dave

Kimberley · 31 January 2006 at 1:58PM

davek1 wrote:

Tootsie

Given what you have said MAY be correct would you please be good enough to give the stated cases because i have looked in various legal books including archbold and records of the high court and can find nothing. if you can point me in the right direction then the argument is resolved once and for all. i am more than happy to dig out the info and post it accordingly.

Dave

I agree, if there is proof then i'll apologise

but i have never seen any

and i havn't tried to get away without paying because it's easier, it's just that i can't pay what Littlewoods had asked

Oh my god, littlewoods

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