CCA reply NDR/Littlewoods - What now?

NUFCnutter

Got this response to my cca request from Shop Direct Group, (Littlewoods finance company trading as littlewoods).

Dear Miss XXXX (obviously that is my real name, :rotfl: ),

Thank you for your recent letter dated 14/06/08, unfortunately we are unable to locate a copy of your executed agreement, but for your information we enclose a current copy of the agreement which applies to this type of account. The current version includes all contractual variations which have taken place.

According to our records, the account was opened on XX/XX/1998. You agreed to make payments of £28.00 monthly as from 08/02/08 for a period of 12 instalments.

The outstanding balance is currently £1425.18 (Arrears outstanding £1425.18. In the last 12 months, payments totalling £190.95 have been received.

Yours faithfully (should it not have been sincerely seeing that they used my name or am I just nit-picking :rotfl: ).



Admin Support team.



Ok so what does this mean now, I have a copy of an agreement but not the one signed by me.

MrsTinks

It means they can't find your credit agreement - which I believe means that they can't enforce the debt...

aimingforadebtfreelife

It means they cant enforce the agreement and you are not obliged to make any payments.

Sections 77-79 of the 1974 Consumer Credit Act stipulate that a signed agreement must be in place if it is to be enforced.

Take it from me I have successfully got them to write off a debt I had with them when in financial trouble and I had a similiar letter.

Basically when you first ordered you would have got a copy of the credit agreement with your first order. You are meant to sign it and return it however the catalogue companies never chased them up thats why they cant find it as they dont have one.

Next step: write to them stating the debt cannot be enforced and should be written off. The letter they sent is useless and a scare tatic but they havent a leg to stand on. I got a letter to say with reluctant regret they decided to write off the balance.

Good luck

aimingforadebtfreelife

Have a go at this and edit it to your needs.;)

Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
You have failed to comply with my request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore


You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

These limits have expired.

As you are no doubt aware section 77(6) states:

If the creditor 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.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

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

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully
__________________

NW-ANGEL

hi - i am in a similar position NUFU with an account - DCA dont have copy of agreement and say they are going to see if GEmoney has one.....will be followin this post....thing is its not just us who should be responsible - companies have their legal obligations too! we get into trouble for negligence - so should they!

rayday2

I requested a CCA when I had two DCA onto me for the same debt, neither of them could find one so were referring back to the original creditor. Then I got a solicitors letter which I pointed out what I had requested. Then a year on I got another DCA chasing the debt.

I have had no peace of mind going down this route and wish they had stuck with one DCA so I knew who to pay.

Good luck with it and just in case you haven't read up on it here is a link re catalogue debts http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=32_catalogue_debts

NW-ANGEL

NUF!!!!ter wrote: »

What is it with the holier than thou brigade. It really pees me off to think that some people can be so judgemental over others, who are in the same boat as them. I am happy to pay off my debts, I wanted to have my records all up to date, and yet someone had to comment about me not paying anything back, despite the fact that I am paying back my ex-husband's debts as well as mine and he is happily living his life, not paying maintenance for his kids and knowing that I am struggling. Yet if I mention a cca some do-gooder automatically assumes that I am someone who just wants their debts cleared. :mad:


Rant over, sorry

thats what they wanted - they arent worth ur thoughts hun! xx;)

NUFCnutter

Another update. Received a letter today from Littlewoods Shop Direct Group. I sent the letter that aimingforadebtfreelife wrote to the address on the letter I received on 27th June.

This is the reply received today.


Dear Miss XXXXX

Thank you for your recent letter addressed to Littlewoods.

Your complaint as been passed to a member of my team to investigate and you will be contacted again shortly.

In the meantime should you have anything you wish to discuss in relation to your complaint please contact us on 0XXXXXXXXX1.

Yours sincerely.

Blah Blah Blah

notenoughcash

Good luck NUFC, you stick to your guns, and don't let anyone drag you down, especially not someone who is supposed to offering support x x x

RAS

NUF!!!!ter wrote: »

Another update. Received a letter today from Littlewoods Shop Direct Group. I sent the letter that aimingforadebtfreelife wrote to the address on the letter I received on 27th June.

This is the reply received today.


Dear Miss XXXXX

Thank you for your recent letter addressed to Littlewoods.

Your complaint as been passed to a member of my team to investigate and you will be contacted again shortly.

In the meantime should you have anything you wish to discuss in relation to your complaint please contact us on 0XXXXXXXXX1.

Yours sincerely.

Blah Blah Blah

That team is probably housed in the archives.

NUFCnutter

What does that mean? That they will be frantically scrabbling to see if they can find a signed CCA before the 30 days is up?