CCA letter template

kittycatty

Morning.
I have received the following letter this morning from littlewoods with regards to the CCA request.

"thank you for your letter dated the 28/01/08 (wrong date entered by them).
Unfortunately we are unable to locate a copy of your executed agreement, but for your information we enclose a copy of the agreement which applies to the type of account. This version includes all contractual variations which have taken place.
According to our records, the account was opened on 10/03/03.
Outstanding balanve is 235.40
Please confirm that liability for this debt is not disputed. we await your proposals for payment."

1) Now the form they have sent is completely blank. Are they expecting me to complete it and return it?
2) I sent them a payment proposal which they rejected.

So what do I have to do now, my understanding was if they couldn't supply the CCA then they are in the wrong.?

Thanks

fermi

kittycatty wrote: »

So what do I have to do now, my understanding was if they couldn't supply the CCA then they are in the wrong.?

They are. They are trying to fob you off.:mad:

From Link: Factsheet | Catalogue debts

If you are not provided with the requested information, you could stop making payments.

It is possible for the catalogue company to provide an unsigned 'true copy' agreement at this stage, rather than a signed copy. This does not, however, mean that you did sign an agreement.
If the company takes county court action against you they may not include a signed copy of the agreement with the claim form. However, if you decide to defend the claim (see below), the catalogue company must provide a copy of the original agreement, signed by all parties, for them to obtain a county court judgment.

WHAT SHOULD I DO IF I DO NOT RECEIVE THE COPY AGREEMENT I HAVE REQUESTED?

If you are not sent a copy of the agreement then you may decide to stop making payments. The catalogue company may try and argue that they do not have to supply the agreement, for example because:

• their old records have been destroyed;
• there is a moral responsibility for you to pay the amount owed; or
• you have signed for goods that have been delivered to you so there is no need for a further signed agreement.

In every case you have the legal right to request the information and may also be able to withhold payments until it is received.

By not providing you with a copy of your "properly executed" agreement they are in default of the request, which means the are not entitled to enforce the agreement until they do.

If they decided to take it to court they would have to explain why they hadn't complied with your request and you could defend it on the grounds that the debt is disputed.

Even then they would also have to provide a true copy which they have just admitted they don't have.

kittycatty

Sorry getting a tad confused.

So as they have failed to supply the CCA I don't have to pay them at the moment, and if they call me what is the best thing to say.

I'm not trying to get out of paying but they use heavy handed tactic's and are so very rude.

Thanks
P.s With regards to Littlewoods finance company limited, are they responcable for littlewoods extra as well?

fermi

Well you now know that any threats they make regarding court action, bailiffs etc are empty, since they don't have an agreement to show the court.

If you want to negotiate reasonable payments then you now have an extra bargaining tool.

Remember, that even without the CCA request, if they tried to enforce the debt through the courts you could ask the court to set payments at a level you could genuinely afford.

Heavy hand tactics by creditors/DCA are almost always empty threats to scare you, because they know that is likely to result in bigger payments than if they use any legal methods of recovery.

If you want to now negotiate, then do it via writing only making an offer you can afford.

kittycatty

Thanks Fermi.

Is there a template letter I need to send back or construct me own?
With regards to Littlewoods finance company limited, are they responcable for littlewoods extra as well?

Ta

fermi

kittycatty wrote: »

Is there a template letter I need to send back or construct me own?
With regards to Littlewoods finance company limited, are they responcable for littlewoods extra as well?

Most of the template letters that have been posted on here are really designed to say:

"I dispute the debt's enforceability, and won't be paying. There is nothing you can do!"

So that's not really appropriate for you is it?

National Debtline have some good letter templates for making offers to creditor here I think.

Link: Sample letters.

Maybe you can adapt one of those to incorporate the fact that you know the debt is not enforceable via the courts, but would like to make a fair offer to pay it off over time.

EDIT: I would have thought those two "Littlewoods" would be part of the same company, but I don't know for sure.

kittycatty

Can I ask another question please?

Can I ask for the account charges back as Littlewoods do not have a valid CCA?

Thanks, sorry for being a pain.
x

themagics

Do I have to send an individual letter for each account held by the creditor or can I list each account reference in the top of the letter, also would the £1 fee apply for each account?

hippychic81

I only joined yesterday 3/6/09 but i am so glad i decided to read through old posts as I need this letter at the top of the page.
Thanks ever so much to who ever posted it. It's going to be a great help to me.

follyfoot

fermi wrote: »

The letter goes to the DCA, who should then obtain the CCA from the original creditor if they don't hold a copy themselves.

There are lots of versions of the CCA letter floating around. This is the version from the National Debtline website.

Print you name rather than use your normal signature, since some DCA's have been known to scan it so they can mock up a fake CCA.

For the same reason, the statutory fee of £1 should be a postal order.

can this letter be sent to the bank to request a CCA or is it just for DCA?