urgent advice re credit agreements

donnalove

sorry to start this again.

I have just phoned littlewoods to find out where my credit agreement is that i asked for, was very rudely told that i had not worded it properly and that i must quote the consumer credit act, as it is a legal process bla bla and they are not sending the agreement unless i do this.
have they done this just to delay things or is this true.
she also said they will be happy to send it when they recieve proper letter as they can assure me they have got one.
she tried to ask why i was asking for this i wouldn't answer, she said it was to try and get debt written off as if no agreement bla bla, anyway i said no actually i want to check what it say's about interest rates , she say's it does not state anything on there about interest rates, i thought these agreements did?
also if i have signed one and they send it will they automatically default it or will i just carry on paying .

can anyone help with correct wording please
thanks
donnalove
x

skintchick

I can't, but if you call Trading Standards at your local council tomorrow they will be able to tell you exactly what to put. Then you could fax it to Littlewoods.

donnalove

thanks skintchick

donnalove
x

Harassed_2

Try this one. They're talking nonsense, by the way, but this should do the trick.

I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, 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.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

itsarichmansworld

Thank you! I will be typing the letter just now!

so official! wonderful

donnalove

update

I resent the letter quoting the act, i have had this reply this morning

dear mrs xxxxxx

With reference toyour letter dated 2nd september. I can confirm that we will not be pursuing the above littlewoods account for the outstanding balance of £xxxx.xx.

As the debt remains unsatisfied this will be noted on our internal files for furure reference. this information will also form part of your records at the credit reference agencies.

does this mean i know longer have to pay this?
how will it affect my credit files?

WSO

Sounds to me like they won't be chasing you for the money should you choose not pay. If that is the case, they will probably mark your account as unsettled and close it, but I'm no expert on this matter by all means and have never been in this situation to share experiences.

So much for their assurance that they had the signed credit agreement eh?

jen_jen_2

it means they have written off the debt because they know they cant get a CCJ because no signed credit agreement (effectively invalid contract) and it means no more than they will note that its not been paid - will stay on your record for 6 years as would any default.