Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Having major problems with littlewoods, i owe them a balance the problem being is that i have disputed the PPI and they are refusing to budge. Sent the first template letter as on moneysavingexpert and got back that they didn't join until a certain date (sorry cant find letter at mo) so i cannot enforce it. Also last year when i lost my job they refused to pay out on ppi because i hadn't paid the month before, well that was their excuse anyway.
I now have collections agency chasing me for the money, so i would like to write to them and say the amount is being disputed. Problem is what shall i write to littlewoods? Shall i just ask them for a copy of my original agreement with a signed copy and see if i can go down that route or continue with the ppi reclaiming route?
Having major problems with littlewoods, i owe them a balance the problem being is that i have disputed the PPI and they are refusing to budge. Sent the first template letter as on moneysavingexpert and got back that they didn't join until a certain date (sorry cant find letter at mo) so i cannot enforce it. Also last year when i lost my job they refused to pay out on ppi because i hadn't paid the month before, well that was their excuse anyway. They probably did not pay because there would be exclusions in the policy which would prevent you making a claim. I cannot be sure but any excuse to prevent claims on PPI seems to be name of the game.
I now have collections agency chasing me for the money, Please see this link on the CAG it may help you .....debt collection Industry.
so i would like to write to them and say the amount is being disputed. Problem is what shall i write to littlewoods? Shall i just ask them for a copy of my original agreement with a signed copy and see if i can go down that route or continue with the ppi reclaiming route? BOTH IMO
Thanks guys x
I will try and help on this to get your started.
Start with a Subject access request to get all the data applicable to you with reference to Littlewoods. Cost is a Statutory £10.00.
You should request information on every bit of data they hold on you as a data subject......electronic records, paper records, cd records, microfische records, recorded telephone records and or transcripts, in fact every type of data you can think of that they may use or have used.
Quote:
When determining whether a policy is suitable, a seller – whether a lender or an agent for the insurer – must obviously take into consideration any information the prospective policyholder volunteers. However, we do not consider the seller’s duty is limited simply to recording what the borrower discloses. It is only by asking questions that the seller can properly determine suitability. These questions cannot cover every aspect of a borrower’s personal position and should not be expected to do so. To paraphrase the ABI Statement, only those matters deemed to be relevant by the insurer should be the subject of questions.
and this.....
For legal issues relating to Data Protection check this link...Lots of very useful info in understandable terms. Data Protection | OUT-LAW.COM
it includes the following and much much more Negotiating with the Data Subject (This should be important to Banks)
At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.
The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.
When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.
However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get)
Now this and much more is available in this link................... links
in the stickies as well as other important information best to read before action.
Get the information as you can by legal statute ie the Data Protection Act 1998 and if they fail to comply within 40 days then send of a serious formal complaint to the Information Commissioners Office giving them all the details.
With you in your fight to get your money back
Good luck
aa
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
Having major problems with littlewoods, i owe them a balance the problem being is that i have disputed the PPI and they are refusing to budge. Sent the first template letter as on moneysavingexpert and got back that they didn't join until a certain date (sorry cant find letter at mo) so i cannot enforce it. Also last year when i lost my job they refused to pay out on ppi because i hadn't paid the month before, well that was their excuse anyway.
I now have collections agency chasing me for the money, so i would like to write to them and say the amount is being disputed. Problem is what shall i write to littlewoods? Shall i just ask them for a copy of my original agreement with a signed copy and see if i can go down that route or continue with the ppi reclaiming route?
Thanks guys x
Hello Carlih,
AA has given you some homework to do
I see they are trying on the Oh we weren.t regulated arguement. so therefore there is nothing you can do They really are trying to fob you off and mis-lead you here, They must have been regulated by somebody, or else were they loan sharks. Ask them who regulated them, They are sitting a little bit to comfortable with a smile on their face, but you can wipe that smile off, with a court case That will make them sit up and take you seriously, but there is a lot more to be done with these lot, before it may or may not get to that stage
Now this is only my opinion as to what I would do if this was my case, The first thing I would do is ask for a copy of the true original credit agreement to see you signed for. This is the most important document that will or will not legally bind you to a agreement with them.
Sign or print your signature and put a line through it, so you know if you see it again They have 12 working days + 2days postage, their failure to comply with this legal request, will automatically put the account into legal dispute
If and when you receive it, we can have a look at it to see if they have complied with the law
Now as for the DCA, I would write them a nice little letter, telling them to back right off, that you are disputing this account, and that you have approached the original creditor with a request under section 77/78 of the consumer credit act and until the original lender complies, you do not allege anything whatsoever with them. Tell them, If they continue to harass you, with letters or telephone calls, you will report them to the enforcement authorities, ie office of fair trading, trading standards and the financial services authority.
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
Hi please be aware that Littlewoods are well know for sending you a blank agreement with your details filled in by hand on the agreement (but no signature) then quoting the CCA regs to show that they have complied with your s78 CCA request. They made a mistake with mine they used our present address not the address we lived at when account opened.