*** DISCONTINUED *** Catalogue debt

[nafta]

Hi,
I have been a custmer with Littlewoods since 2000. I have £9000 debt with them and I am strugling to pay it back. I have spoken to them and explain my personal circumstances have changed dramatically but they say there is nothing they can do to help.
I have not defaulted yet but his month I dont have the funds so I have cancelled my direct debit with them so I dont incure any charges at least from the bank.
I have been reading a lot about unenforceable debts and CCA but I have not a clue about any of this.
I want to pay my debt back but unless they are willing to take lower payments and freeze interest I simply cannot do it.
I also have a debtt with simplybe. This one is for £2000 and I opened it up beginning of 2007. IS this also unenforceable? What does this mean? IF this debts are passed onto a debt collections agency , does that make them enforceable?
I just dont have a plan of action.
Can anyone here help?

Many thanks,

Nafta

[nemesis45]

Re: Catalogue debt

Good afternoon Nafta.

A CCA request to Littlewoods to get a copy of the agreement for the account has a £1 statutory fee and Littlewoods will have 12 + 2 Working days to comply. ( template in the forum library).

It really not worth trying to get any agreement on freezing charges or interest via " customer (dis) service staff who will not have the authority to do any thing.

A more formal statement of your finances and a request for charges / interest to be frozen addressed to the appropriate manager/director often gets a positive response.
There may still be charges added by both Littlewoods and your bank if Littlewoods call for payment on the cancelled direct debit.

The debt Is most likely to be enforceable as payments are current up to date unless the agreement is faulty in some way.

The Simply Be debt: Is this up to date, no arrears?
Creditors can either assign a collection agency to manage a delinquent account or sell the debt to a debt purchase company, this can happen at any point.

When a debt is sold the purchaser inherits the rights and obligations of the original contract, the right to pursue the debt, report to credit reference agencies and issue court claims.

nem

[Celestine]

Re: Catalogue debt

Morning Nafta

When you opened your Littlewoods account in 2000, it is unlikely you signed a compliant agreement agreeing to the credit you were taking on. However, as you have continued ordering goods (i'm assuming?) you may have signed a compliant agreement at a later date.

The first step is to send Littlewoods a CCA request to see a copy of the original agreement. http://www.legalbeagles.info/forums/showthread.php?751

I would also WRITE to Littlewoods at same time and ask for interest to be frozen and for them to consider a manageable repayment plan.
Explain your difficulties fully and keep records of all correspondence.

If you default on the debt, the sky doesn't fall in.....they will send you nasty letters for a bit, then they will sell on your account for around 9% of its value to a 3rd party debt purchaser like Lowell; who will also threaten you with letters and calls if they have your number.

Eventually, Lowell may well issue a County Court claim; which if you can't defend with enforceability issues, will damage your credit rating for 6 years.

Please ask any questions if you're unsure. Ive just returned from maternity leave so am about out of touch with best templates etc, so hopefully others will also advise!

[nafta]

Re: Catalogue debt

Thank you all for your messages. With the Littlewoods account I was late in a couple of payments but I managed to make them at a later date. This month however I wont be able to make any more payments as I need the money for priority bills. I have not signed that I am aware anything with littlewoods at a later date. SImple be has been kept up to date as well. However as my personal circumstances has changed I cannot afford those payments and no one is willing to help. I will do it in writing and see what happens.
I guess there is no pint in asking littlewoods for a CCA yet as I am still trying to sort things out so no letters asking for payment have started yet. (fingers crossed)
Am I right to proceed in this way.
Also if the catalogues don't want to cooperate, will the debt collections want o come up to an agreement?. How long before a debt is sold to a DCA?

Many thanks,

Nafta

[FlamingParrot]

Re: Catalogue debt

Hi,
I have been a custmer with Littlewoods since 2000. I have £9000 debt with them and I am strugling to pay it back. I have spoken to them and explain my personal circumstances have changed dramatically but they say there is nothing they can do to help.
I have not defaulted yet but his month I dont have the funds so I have cancelled my direct debit with them so I dont incure any charges at least from the bank.
I have been reading a lot about unenforceable debts and CCA but I have not a clue about any of this.
I want to pay my debt back but unless they are willing to take lower payments and freeze interest I simply cannot do it.
I also have a debtt with simplybe. This one is for £2000 and I opened it up beginning of 2007. IS this also unenforceable? What does this mean?

Unenforceable means they wouldn't be able to obtain judgment against you in court. This could happen if you didn't sign an agreement to start with or if the agreement did not have all the prescribed terms. Due to a change in legislation, this applies mostly to accounts opened before April 2007. It looks like both of yours were so if you didn't sign an agreement to start with, they are probably unenforceable.

CCA refers to the consumer credit act and also the a copy of your Consumer Credit Agreement.

IF this debts are passed onto a debt collections agency , does that make them enforceable?

It doesn't make much difference if they are passed on to a DCA.

Thank you all for your messages. With the Littlewoods account I was late in a couple of payments but I managed to make them at a later date. This month however I wont be able to make any more payments as I need the money for priority bills.

Your rent or mortgage, fuel bills and council tax always come first, that's why they are called priority, they come well above catalogue accounts.

I have not signed that I am aware anything with littlewoods at a later date. SImple be has been kept up to date as well. However as my personal circumstances has changed I cannot afford those payments and no one is willing to help. I will do it in writing and see what happens.
I guess there is no pint in asking littlewoods for a CCA yet as I am still trying to sort things out so no letters asking for payment have started yet. (fingers crossed)
Am I right to proceed in this way.

You have the right to request a copy of your agreement at any time as long as there's a balance outstanding and the account is not subject to a judgment. The CCA request letter template merely asks for the agreement so you can send it even if they are not making any demands.

Also if the catalogues don't want to cooperate, will the debt collections want o come up to an agreement?. How long before a debt is sold to a DCA?

It's hard to answer these questions because there are no set rules. I've got some credit cards I've not paid since Jan 2010 and I've never received a notice of assignment saying they've been sold, whilst another one defaulted later was sold a year after default. It is possible to reach an agreement with a DCA and having sent your CCA requests before it reaches that stage could come in handy when it comes to arguing with them.

Do bear in mind that, at some point in the next few months, defaults will be recorded on your credit file for these accounts.

[nafta]

Re: Catalogue debt

Hello,

I need further advice on this.
So i amange to carry on with payments till some time last year. Tried to work it out with them but nothing. Unfortunately life has brought many other problems that needing dealing with (like my husbands health after a stroke) and I left it and buried it. Now I have received court papers asking if I intend to defend this claim.
Not sure what to do.

Does that CCA still apply? if so what do I do with court papers and CCA?
On the other hand It feels wrong to do CCA as it is my debt.

Any advice? I have only 14 days from date of letter (10th Jan)

Many thanks!!

[nemesis45]

Re: Catalogue debt

Hello,

I need further advice on this.
So i amange to carry on with payments till some time last year. Tried to work it out with them but nothing. Unfortunately life has brought many other problems that needing dealing with (like my husbands health after a stroke) and I left it and buried it. Now I have received court papers asking if I intend to defend this claim.
Not sure what to do.

Does that CCA still apply? if so what do I do with court papers and CCA?
On the other hand It feels wrong to do CCA as it is my debt.

Any advice? I have only 14 days from date of letter (10th Jan)

Many thanks!!

Hello Nafta,

Sorry to hear about your husbands health!

Can you please post a copy of the N1 claim form after removing the claim number and personal details or type in the Particulars of Claim word for word.

nem

[nafta]

Re: Catalogue debt

Hello Nafta,

Sorry to hear about your husbands health!

Can you please post a copy of the N1 claim form after removing the claim number and personal details or type in the Particulars of Claim word for word.

nem

Hi nem,

thank you for responding to my message. I will do it as soon as I get home tonite.

[nemesis45]

Re: Catalogue debt

Hi nem,

thank you for responding to my message. I will do it as soon as I get home tonite.

Ok Tag me [MENTION=55034]nemesis45[/MENTION] and I'll pick up the thread.
nem

[charitynjw]

Re: Catalogue debt

Hi nafta

Could you also tell us the name of the Claimant & solicitors, & the issue date of the N1 court claim form?
(if you're posting a picture, the info will probably be on it).

[nafta]

Re: Catalogue debt

[MENTION=55034]nemesis45[/MENTION] apologies for delay but here is the image of that document. Hope it is ok.

- - - Updated - - -

Hi nafta

Could you also tell us the name of the Claimant & solicitors, & the issue date of the N1 court claim form?
(if you're posting a picture, the info will probably be on it).

Thank you. I have just posted with the image.

[nemesis45]

Re: Catalogue debt

@nemesis45 apologies for delay but here is the image of that document. Hope it is ok.

- - - Updated - - -



Thank you. I have just posted with the image.

Thank you Nafta,

Acknowledge service of the claim online at the MCOL site instructions are on the claim docs: State intention to defend in full, Do Not enter anything in defence at this stage.

The CCA request is your right to get information so do that now, there's a template in the green box at the top of the court claim forum, use a postal order for £1 for the statutory fee, mark it " For Statutory Fee Only" and send the request by signed for post. Lowell may not have anything to back up their claim. CCA request to the claimant.

Next a request made under the provisions of Civil Procedure Rule 31.14 for the documents mentioned in the particulars of the claim (no fee)

In this case the documents are The Agreement, Notice of Assignment, and the Default Notice. This goes to the sols.

Use signed for post for this as well.

There is a 12 + 2 Working Days timescale for the CCA request. If they don't comply the debt is rendered unenforceable Until they do comply.

nem

[nafta]

Re: Catalogue debt

[MENTION=55034]nemesis45[/MENTION] thank you so much for the information you have just given me. So I go only saying I want to defend in full. Then I use the template letter to request the CCA and I send this to Lowell, but I got lost here:

"Next a request made under the provisions of Civil Procedure Rule 31.14 for the documents mentioned in the particulars of the claim (no fee)

In this case the documents are The Agreement, Notice of Assignment, and the Default Notice. This goes to the sols.

Use signed for post for this as well."


Could you please help me further with this?

many thanks.

[nafta]

Re: Catalogue debt

I have just logged into the MCOL and it is giving me the options but not too clear.

"Available options At this time you are able to respond to the claim by filing an Acknowledgment of Service, Defence or Part Admission.

Acknowledgment of Service Start AOS
If you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the court's jurisdiction, complete the Acknowledgment of Service (AOS).

Response Forms Start Defence
If you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the defence form.

---

Start Part Admission
If you admit part of the amount claimed, complete the Admission and the Defence form.

Which one is the one I should do?
Apologies for my ignorance... [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Catalogue debt

@nemesis45 thank you so much for the information you have just given me. So I go only saying I want to defend in full. Then I use the template letter to request the CCA and I send this to Lowell, but I got lost here:

"Next a request made under the provisions of Civil Procedure Rule 31.14 for the documents mentioned in the particulars of the claim (no fee)

In this case the documents are The Agreement, Notice of Assignment, and the Default Notice. This goes to the sols.

Use signed for post for this as well."


Could you please help me further with this?

many thanks.

Hi, [MENTION=45479]nafta[/MENTION],

Yes acknowledge and defend in full.

CCA request to Lowell by signed for post template in the " court claim" forum right at the top in a green box .

£1 PO for the fee required by the Consumer Credit Act 1974.

The CPR 31.14 template is in the same place as the CCA request (no fee) the POC mentions the documents that the claimant intends to use in court so you are requesting those. i.e. the agreement/default notice, and notice of assignment.

nem