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Logic Group Grrrr
Comments
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Bargain_Rzl wrote:Is this true? I thought it was only if the creditor had not "made any attempt to recover" the debt in the past six years. In this case they're clearly chasing it
Yes - it really is true debts that have not been litigated on become 'statute barred' after 6 years IF either no payments have been made during that time or the debt has not been admitted in writing by the borrower or their representative (e.g.solicitor). The lender can chase the debt until the cows come home within that 6 years but if the borrower does not repond and the lender can't be bothered to take them to court then the debt (whilst still owed) becomes unenforcable after the 6 year period.0 -
my partner payed them by direct debit at £40.00 per month until november 2005:jFriends are like fabric you can never have enough:j0
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xmaslolly76 wrote:my partner payed them by direct debit at £40.00 per month until november 2005
Then - sorry to say - you're screwed !
The debt is definately not statute barred and signed agreement or not they can enforce it through the court as there is no doubt you have had the goods and been paying for them.
What are you looking to achieve ? Do you want to make an arrangement either with Littlewoods or Logic ? By all means ask for another copy of the agreement - as I mentioned they will probably just send you an unsigned one. What will that do for you ? Is it just delaying the inevitable ?0 -
Can they take me to court if i send a breakdown of everything i pay and recieve and it is less than what they are asking for. i just dont want another ccj:jFriends are like fabric you can never have enough:j0
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If you are cooperating with them and provide them with the breakdown showing what you can afford and pay it - without having to be reminded all the time then it is highly unlikely they will take you to court, unless you have loads of equity in your house (if you own it).
If you are uncomfortable negotiating with them then get an agency like Payplan or CCCS to do it on your behalf, these services are free and they are experts at helping people in your situation. Honestly, they have seen it all before !
Good luck.0 -
Percy_Vere wrote:NO NO NO NO NO !!!!!!
As I have mentioned previously this is just not the case. Littlewoods have litigated on many cases where their customer thought the same thing, the judges take a very dim view of this defence if the goods have been accepted and/or payments have been made which effectively admit the debt WITHOUT a signed agreement.
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I would be grateful if you could cite case references. the lack of signed agreement is a "complete defence"
and if a judge has awarded in the creditors favour under these circumstance then the case should of been appealed:rolleyes: It’s hard enough remembering my opinions - without remembering my reasons for them :rolleyes:0 -
Quite a lot of conflicting advice above. Firstly, If you've made payments to this debt in the past six years, NO it is not statute-barred.
You are within your rights to ask for a copy of the credit agreement at any time but.....
...YOU ASK THE CREDITOR, NOT THE DEBT COLLECTOR.
Percy Vere is incorrect, view the many recent posts here about catalogue debts, when the company fails to provide they tend NOT to go to court.
Send the letter to Littlewoods, and post again when you get a response.0 -
Harassed wrote:You are within your rights to ask for a copy of the credit agreement at any time but.....
...YOU ASK THE CREDITOR, NOT THE DEBT COLLECTOR.
Percy Vere is incorrect, view the many recent posts here about catalogue debts, when the company fails to provide they tend NOT to go to court.
Send the letter to Littlewoods, and post again when you get a response.
Firstly - you can ask the debt collection agency for the signed agreement - the lender asks them to act on their behalf. Obviously the agreement ultimately comes from the lender.
Secondly - I know the guys at Littlewoods very well - do you ? I know for a fact that cases have been sucessfully litigated on where no signed agreement exists - do you know for a fact this is not the case ? I have even heard of examples where this has happened from other debt help websites. Yes of course not every case will go to court but advising people that it will never happen when you really dont know is irresponsible.
Up to the OP as to which way they go.0 -
Firstly - you can ask the debt collection agency for the signed agreementSecondly - I know the guys at Littlewoods very well
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.
The practice of catalogue companies giving credit before receiving a signed agreement is simply greed on their part. They did ask at the time to be excepted from that requirement. That request was refused.0 -
My knowledge is certainly not exhaustive but I know of only one case where litigation was going ahead in the face of an unsigned agreement. It was settled out of court when the debtor agreed to pay for the goods but the interest and charges were written off as unenforcable. The debt was several thousand so was big enough to fight over. It was a member of the local Gingerbread single parents group known to my ex.
My advice is to demand a signed agreement and if it is not forthcoming, stop paying. The worst case scenario is a CCJ and the court will set an affordable payment in line with your income/expenditure.
The question of who to demand the agreement from can be tricky. In practice demand it from the original creditor first. If it has been passed on they must tell you, so you then know who to send the demand too. You can send copies of all correspondance to the DCA with a covering letter, so they know what is happening
Regards
XXbigman's guide to a happy life.
Eat properly
Sleep properly
Save some money0
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