Harrythehawk v Kays

[harrythehawk]

Got a "Final Demand" and a letter from Nationwide Debt Recovery .......... time for CCAs all round and an Subject Access Request to Kays

[elliesnan]

just done the same will keep an eye on your thread

[harrythehawk]

Just to update what has been going on, I had SARs in for all three of these but it appears they are all part of Littlewoods Direct Shopping who have responded as one group. Initially they said the S.A.R - (Subject Access Request) would be dealt with by the end of June due to lots of requests for Data Information. I wrote back saying tough, it is the law, give me the info or I go to court, got a letter 2 days later saying they would deal right away, got statements for everything a week later including a long defunct Janet Frazer account with only one purchase on in 2002 !!!! I actually only owe Littlewoods anything and with the charges from the other two which I don't it turns out they owe me £150 !!! Sent prelims for all three together with covering letter to set out the deal that can be done to sort this out, in the end if they don't cough up they will have three lots of court fees to deal with so it, as I pointed out in my letter, makes sense to settle up now for this amount !! Will be back to post the outcome or when 14 days is up, could be 3 LBAs but that's no problem, CAG, computers and word templates are such fantastic things aren't they !!!

[archer_66]

harry i doubt if they have got the CCA's to be honest they havent got any of mine! they soon back off when they realise as well

[harrythehawk]

Turned me down flat on everything, LBA on the way ...... playing the game !!

[archer_66]

yes thats what it all is ... a game theres rules and procedures to follow...as the banks would say!

[steven4064]

Originally Posted by archer_66

yes thats what it all is ... a game theres rules and procedures to follow.

It starts off like tennis but ends up as 'chicken'

Steven

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.
Almost everything I know concerning the law I learned from this site

[dolphin939]

hi which letter do i send to kays and littlewoods? thanx lorraine

[harrythehawk]

Originally Posted by dolphin939

hi which letter do i send to kays and littlewoods? thanx lorraine

I sent this, add/delete where you need to:-

Kays
Thynne Street
Bolton
BL78 1BH

Request for repayment of charges

Dear Sir/Madam,

Re: Mrs The Hawk - Account Number: xxxxx


My request
I am writing to ask you to refund to me the charges which you have levied from my account since xxxx.

I now understand that the regime of fees which you have been applying to my account in relation to late payment fees and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.
Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require
I calculate that you have taken xxxx.

I enclose a schedule of the charges which I am claiming with this letter


My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment by cheque, please note credit or vouchers will not be acceptable.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Yours faithfully,


Mrs The Hawk

[harrythehawk]

OK, Littlewoods won't cough up so MCOL it is, however I have three accounts Littlewoods, Kays and Choice all under the Littlewoods Shop Direct Flag, is this one claim or three? also, can I start all three actions at once if they are separate claims albeit against the same group or are they to be viewed as different trading entitites ?? Anybody know ??

[harrythehawk]

Started MCOL on the biggest of the three accounts, only £150 but it is mine !! Just waiting for acknowledgement now ..... however, despite this, 2 accounts in dispute, attempts by DCAs to collect (fought & won), CCAs outstanding etc ...... yesterday we got their new catalogue delivered to our door !!!!!!!!!

[harrythehawk]

Can a mod please change the title of my thread to include Choice & Littlewoods as per post #3, thanks in advance (I can't work out how to do it ??)

[harrythehawk]

Well, frustratingly we are at deadline time for MCOL and I can't access the site grrrrrrr !! Will keep trying !!

However, wife has had a call to ring them which is equally frustrating as I would be so glad to !! All she got was we can't agree your figures, we have something different ..... fob off ..... you mean the figures you sent me and I have sent you twice and 2 days before you are supposed to enter a defence you need another week to verify them ? Noooooooooo don't think so !! What are you going to do then? Get this "well we will be defending of course and will wait for a court date but will more than likely settle before then". I am fuming, this isn't a huge amount of cash but I am been made to jump through some serious hoops here to get it .... which I will of course .... however I want tomount upsome more costs whilst doing so assuming I have to prepare a bundle and stuff and possibly attend court with my wife so it does cost these time wasters. Also, I do want to try and raise the fact that they have failed to produce a CCA Agreement for months if I have to answer to their defence, can I do it, is this wise and will it affect mt claim or will it prompt the judge to take action against them ? I am looking to maximise my claim and cost them as much money as I can. Anybody any advice or pointers ??

[harrythehawk]

Well, frantic conversations took place when defence arrived (all three lines of it), my AQ was ready to go ..... agreed to settle for slightly less amount on a technical query they had with one of the charges so we would be arguing over peanuts in court, fine to end this now and said show me the money and send the cheque I shall not bother taking my AQ down to court (which is 5 mins from where I work !!), of course we shall send it today (3 Aug) ...... tumbleweed .... no cheque ...... AQ filed .... still no cheque ... oh dear, maybe they thought I would believe them and not put in my AQ before the deadline .... let's see what happens, no more phone calls to be made or received, I am tired of being dicked around .... tell the judge

[pinkerton_angel]

Hi Harry,
Not sure if you can help but I'm having particular problems with Littlewoods. Did you get a default removed with them too? I don't mind paying them what I owe but I'm desperate to get the default removed. I've asked them for a copy of notice but not received anything. CCA'd them a while back and just got the nonsense version.
Any advice greatly appreciated.
Thanks
pinky x

[harrythehawk]

I am sure the default is there, I haven't embarked on a quest to sort out my credit file yet as I am only just getting my finances sorted and putting various creditors in there place for now. As I understand it is a long hard slog to do this and I think Diskmandave has a Littlewoods thread running whee he has attempted to remove this but hasn't as yet. Must say I haven't gone into this side of things yet as it isn't priority right now so I would check out some of the other threads, as for getting unfair charges and dealing with CCA requests then I am becoming an expert !!