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Notice of Default after admitting no enforceable CCA
kimdegsidash
Posts: 142 Forumite
Hello all hope you can help
I requested my Littlewoods catalogue account CCA in Feb. They wrote back very quickly and admitted in writing that they do not have an executed agreement for my account (which I knew they wouldn't as I opened the account when I was 19 from a cut out slip in a magazine many years ago). They instead kindly supplied a copy of their current t&cs that 'applied to this type of account'. So, after the 12+2 days I sent them the default letter and requested that they accept a £200 payment recently made as full and final settlement to close the account. I stated that no further payments would be made as the remaining balance was only £160, which was much less than the total of all the 'balance care insurance' charges added to my account over the years.
On 25 March they wrote back confirming that they will not pursue for the remaining outstanding balance, but that the debt would remain unsatisfied, kept on their internal files for future reference, and that the information would remain on my credit reference file for 6 years.
I don't know whether to accept this or to pursue my initial request to have the file wiped completely. Is it worth bothering, especially as I intend to clear all my debts within three years. Also, I will need to remortgage in about three years as my fixed rate deal with Northern Rock ends in 2012. So, I guess it will still be on record and may affect my ability to remortgage.
Also, another letter from Littlewoods arrived a few days later, dated 26 March (after their acknowledgement letter) with a Default notice under s87(1) of the Consumer Act 1974! The notice demands full payment of the £160 or further action will be taken.
My dilemma is, to ignore it on the basis that I don't have to pay any more and concentrate on clearing my other debts - or to write again in an attempt to get a) the whole lot wiped from my file or b) just the default dated 26 March?
I requested my Littlewoods catalogue account CCA in Feb. They wrote back very quickly and admitted in writing that they do not have an executed agreement for my account (which I knew they wouldn't as I opened the account when I was 19 from a cut out slip in a magazine many years ago). They instead kindly supplied a copy of their current t&cs that 'applied to this type of account'. So, after the 12+2 days I sent them the default letter and requested that they accept a £200 payment recently made as full and final settlement to close the account. I stated that no further payments would be made as the remaining balance was only £160, which was much less than the total of all the 'balance care insurance' charges added to my account over the years.
On 25 March they wrote back confirming that they will not pursue for the remaining outstanding balance, but that the debt would remain unsatisfied, kept on their internal files for future reference, and that the information would remain on my credit reference file for 6 years.
I don't know whether to accept this or to pursue my initial request to have the file wiped completely. Is it worth bothering, especially as I intend to clear all my debts within three years. Also, I will need to remortgage in about three years as my fixed rate deal with Northern Rock ends in 2012. So, I guess it will still be on record and may affect my ability to remortgage.
Also, another letter from Littlewoods arrived a few days later, dated 26 March (after their acknowledgement letter) with a Default notice under s87(1) of the Consumer Act 1974! The notice demands full payment of the £160 or further action will be taken.
My dilemma is, to ignore it on the basis that I don't have to pay any more and concentrate on clearing my other debts - or to write again in an attempt to get a) the whole lot wiped from my file or b) just the default dated 26 March?
"I have enough money to last me the rest of my life, unless I buy something"
0
Comments
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Can you post up the default letter, minus personal details.
I suspect however that you would have been better to reclaim the outstanding PPI charges and then pay off the tiny amount concerned if this helped you avoid a default.If you've have not made a mistake, you've made nothing0
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