Sub Prime Credit Thread Part II

never-in-doubt

Doshamento wrote: »

Result from Equ?

yes mate - spot on eh? :beer:

sutton111

never-in-doubt wrote: »

Ahh its complex mate - its specific to littlewoods direct accounts (did I tell you they gave me account last night and I had to cancel cos forgot I was about to sue em lol)

My letter would only work with littlewoods direct because the fools forgot to put text in their CCA about sharing info and as they allowed the DCA to add a default it can never be placed again cos it was incorrectly and illegally placed.

want to see my (huge) legal baffling letter that was sent? I can post it for you if you want a read...?

Go on then!

Doshamento

Doshamento wrote: »

Result from Equ?

It's amazing what court action can spurn organisations into rethinking :rolleyes:

Well done!

never-in-doubt

Below is a copy of the letter I sent: Enjoy - its legally wonderful if you ask me!

Thanks to the linkes of TLD on CAG for his valuable knowledge and input into making this come into frooition....

N-i-D wrote:

Dear Credit Account Management,

Reference: A/C - BXXXXXX9 / Request under the Consumer Credit Act 1974

In February 2009 I requested a copy of my credit report and noticed a Default registered against me by a company called Phoenix Recoveries. I disputed this entry and requested Equifax arrange for a true copy of the CCA to be sent to me. Littlewoods responded to this request on 07 March 2009, containing a copy of what they purport to be a Consumer Credit Agreement. I then wrote to Phoenix Recoveries to formally request a true copy of the CCA but instead received a response from Credit Account Management with an exact copy of the documents sent to me by Littlewoods and therefore request refund of the £1 statutory fee paid and clarity as to your exact legal position.

In response to this request I was supplied a document a copy of which is attached which did not comply with the requirements of the Consumer Credit Act 1974.

The document sent, purporting to be a credit agreement, does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document.

Further to these shortcomings the document supplied also bore a signature other than my own in the signatory box and so cannot possibly be held under any line of argument to be a 'true copy' of the executed agreement relating to any account held by myself such as prescribed by the law. A certified copy of my Passport was sent to Littlewoods, in my response to them dated 16 March 2009, which would clearly show my signature.

Further to this you have supplied a copy of an agreement dated 20/10/2004 yet you clearly state in the accompanying letter that my account was opened on the 25/09/2004; yet on the financial breakdown page this has an account opening date as 26/09/2004, I acknowledge this as further indication that you might be harassing the wrong person by chasing myself in respect of the debt you allege.

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states;

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced. In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection.

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states;

2.6 Examples of unfair practices are as follows:
h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of my alleged credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40.

Despite your failure in the matter, I have been able to obtain a copy of the terms and conditions relating to an account of this type, specifically Littlewoods Direct Flexible Account.

I hereby bring to your attention that no agreement is given within the terms and conditions of this particular type of credit account for the original creditor to share data pertaining to the conduct of this account with third parties for the purposes of credit referencing. I admit to being surprised these terms do not include such a clause but am factually correct in stating that no such clause exists.

I notice that you have chosen to register a default against my person with the credit reference agency (ies) and draw to your urgent attention the fact that since such behaviour was not permissible under the terms of any original contract then it would be unlawful for this to be added after execution and transferred to yourself as a right under the original contract regardless of the manner in which this right was transferred from the OC to yourselves. You have inadvertently inserted a clause into the contract upon assignation permitting you to share data with third party agencies. As such behaviour is unlawful I request that you immediately cease and desist from sharing my data with any person who is not a member of your company or group of companies and withdraw any information you have shared about myself from each and every party to which you have supplied this information. I require written confirmation of this or your reasons for continuing to process my data in such a manner, despite no contractual right existing, within 14 days from the date of receipt of this letter. Failure to comply will result in you being served notice under Sec 10 Data Protection Act 1998 to cease and desist; failure to comply with such notice will result in my seeking enforcement through the Courts.

This does of course not alter the fact or present any intimation by myself that such contract exists. I have asked you to prove that a contract exists and is enforceable and you have failed. I simply advise you that even if an enforceable contract could be presented to me it is still outside the terms and conditions of the Littlewoods Flexible Account that data is shared with third party credit reference agencies and any such behaviour whether conducted by Littlewoods or yourselves is unlawful as a result of such terms not existing in the contract.

Since the agreement is unenforceable, the default notice is non existent, you have supplied evidence to support a claim by myself that this agreement does not relate to any account I might have held with the OC and you are identifiably in breach of The Data Protection Act 1998 in your conduct it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.

I respectfully request a response to this letter in 14 days.

Yours faithfully

Doshamento

Who was the crummy DCA holding their hands out?

never-in-doubt

you like? LOL - they did I know that cos it ruddy worked fast enough!

never-in-doubt

Doshamento wrote: »

Who was the crummy DCA holding their hands out?

It tells you in address field mate Credit Account Management - used to be Phoenix! read it, explains all in first paragraph.....

do you like the fact i'm even asking for my 1 pound back hahaha - cheeky or what!

victor-meldrew_4

Hi .quick question.i posted on here yesterday about virtually pre approved hbos loan.
Im going to wait a month to meet criteria.
Ive just noticed on kays cat the loans offered are the same.it says joint venture littlewoods group and bank of scot.although littlewoods group supply finance.the rates and calculator are the same i got of my halifax site.
Is it likley the offer originated from my history with this group,as my history with b o s is quite short.?
Excuse spelling etc

Doshamento

Ok..Phoenix. I've just read it..soz

sutton111

I really wish my Next and Capital One were that easy to get removed.