had reply from kays regarding cca,help needed.

luckymum_3

hi ...
i requested my cca from kays and had a reply today.
the letter says as follows.....
Unfortunatley we are unable to locate a copy of your executed agreement, but for your information we enclose a copy of the current agreement which applies to this type of account.This current version includes all contractual variations which have taken place.
According to our records the account was opened on 30.09.2006.

We trust this reply satifies your enquiry , and await your proposal for payment . so what do i send them now ?

also did the same for vanquis visa and had another letter saying they will take action if payment not made , seems they are iqnoring the cca request, so how do i go about them ? .. Any help appreciated ..:A

fermi

Kays are part of the Littlewoods (Shop direct) group.

Have a read through the thread linked to below where someone received an identical letter.

Link: CCA reply NDR/Littlewoods - What now?

I'm sure there are other examples as well.

luckymum_3

have gone through the thread..
looks like its unenforcable , but do i need to send another letter regarding this , and if so which one ..
and as for vanquis do i need to get in touch with them again
thanks

luckymum_3

anybody ....

thepinkladez_2

luckymum from looking at the link fermi gave you,

Link: CCA reply NDR/Littlewoods - What now?

i would suggest you do what aimingforadebtfreelife suggests doing in that link..

post 3:

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.

post 4:
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


hth

luckymum_3

thanks for that ...wish me luck ...

thepinkladez_2

no worries. good luck:D

annon2204

Have read quite a bit on the boards in regards to challenging CCA's and whether there is one in place and have decided after some thought to see what the outcome is on my catalogue accounts. Currently have a Kays, Littlewoods, LX Direct, Verbaudet and Next. I am in arrears on all the accounts but currently have agreements in place to make payments towards these debts. I think I have found the necessary letters to send on various threads but still have a few questions. Any help greatly appreciated. Once I have requested the information - they have 12 days to respond -is that right? But if they respond within 30 days with some info they avoid being open to prosection?

My LX account and Littlewoods account have been combined into one new account on a repayment plan - can I still request original CCA for these 2 accounts.

My Next account is with IQOR do I send the request to NEXT or IQOR.

When I send the first letter requesting the CCA should I state Account in Dispute or leave that till second letter (which will probably be necessary judging from other peoples experiences).

And finally should I keep making payments on these accounts for so long - how long etc..

Sorry if this wrong place to post but only second time posted and still not sure how it all works.

NUFCnutter

annon2204 wrote: »

Have read quite a bit on the boards in regards to challenging CCA's and whether there is one in place and have decided after some thought to see what the outcome is on my catalogue accounts. Currently have a Kays, Littlewoods, LX Direct, Verbaudet and Next. I am in arrears on all the accounts but currently have agreements in place to make payments towards these debts. I think I have found the necessary letters to send on various threads but still have a few questions. Any help greatly appreciated. Once I have requested the information - they have 12 days to respond -is that right? But if they respond within 30 days with some info they avoid being open to prosection? To be fair most people do not prosecute them. The debt becomes unenforcable after the 12+2+30 days if no CCA can be produced. The company may pass the debt to a DCA (debt collection agency) but if they do this after the 12+2 days then they are in the wrong. Once it has gone past 12+2 days without a CCA being produced then the account is in dispute and should not be passed on. You can complain to Trading Standards and the Office of Fair Trading if they do sell on your debt. Kays and Littlewoods and LX direct use NDR, which is an inhouse debt recovery centre. I am not sure about Next.

My LX account and Littlewoods account have been combined into one new account on a repayment plan - can I still request original CCA for these 2 accounts. Yes

My Next account is with IQOR do I send the request to NEXT or IQOR. IQOR initially and then Next if and when it gets passed back to them.

When I send the first letter requesting the CCA should I state Account in Dispute or leave that till second letter (which will probably be necessary judging from other peoples experiences). The account is only in dispute after the 12+2 days, although you can write "I DO NOT ACKNOWLEDGE THIS DEBT" at the top of the letters.

And finally should I keep making payments on these accounts for so long - how long etc.. I would keep making a token payment until the 12+2 is up. Then it is up to them to provide you with a fully executed, signed CCA.

Sorry if this wrong place to post but only second time posted and still not sure how it all works.

Hope this helps, to the best of my knowledge this is correct. Oh and send everything Recorded delivery, don't sign the letters either, and keep copies.

annon2204

Many Thanks - that really helps. Wish me luck !!

As an after thought - where do you stand if they make phone calls chasing debt etc..

NUFCnutter

Tell them to stop and then write this to them:

I DO NOT ACKNOWLEDGE ANY DEBT.

Re: XXXXXXXXXXXXXXX

Dear Sir,

With regard to the above account, I am not prepared to discuss this matter unless it is in writing. I do not wish to receive any more telephone calls regarding this matter.

If you contact me via the telephone I will view it as harassment and you will be in breach of Section 40 of the Administration of Justice Act 1970 and the Protection from Harassment Act 1997. You would also be in breach of the Communications Act (2003) s.127 and I would report you to OFCOM, Trading Standards and the Office of Fair Trading, meaning that you could be liable to a substantial fine.

Yours sincerely,

XXXXXXX