Thread: wife v Littlewoods PPI

HI all just to check with other peeps my wife had a Littlewoods catalog balance approx £1700 which I had to take over running due to my wifes health. When I checked I found that she was paying PPI on it, Rang inquiring and was told would not be able to claim PPI.

1) PPI my wife has not worked since we were married 37 years ago so does not meet the first requirement for PPI in that she was not in full employment.

2) I would not qualify for PPI as I have a Pre existing medical condition

Can anyone see any problem my claiming this back for my wife (I would have to do this she is in no condition to do it herself)

dpick

Similar Threads:

• The Wife v Cap 1
• The Ex Wife
• can i do this for my wife ?
• My Wife v RBS

yep off you go
clear case of mis-selling.
dont forget to charge contractural int too!

dx100uk

Originally Posted by dx100uk

yep off you go
clear case of mis-selling.
dont forget to charge contractural int too!

dx100uk

will be sending SAR as don't know total of PPI charges.

thanks dpick

Hi all info for anyone interested have been advised that most catalogues are so busy sending out goods that they don't bother to get a CCA agreement sorted out so if you have to CCA them there is a good chance that they don't have an agreement.

dpick

Hi all the following is the advise I recieved regarding my wifes littlewoods catalogue and PPI

"With regard to the PPI on your wifes Littlewoods account, I would advise that you write to littlewoods stating that you feel the policy was mis sold under section 8.6 of the Banking Code, as the company did not take necassary checks to ensure the poilcy was of use to your wife. I recommend that you request in writing to littlewoods that they compensate you for their mistake. I would also recomend you report this to the FSA and use the complaints procedure set out by them. This can be found on the FSA website."

Am away for next 10 days will post up letter I will be sending to Littlewoods on my return.

dpick

Hi all have sent CCA and SAR to Littlewoods and had an interesting phone call with Littlewoods in that I gave them a ring re PPI and they are saying we have only had this account from 2006 and their is no PPI funny we have some statements (not all) from 2004/5 all have PPI on them.

Now question is if no CCA (as we expect) and they only produce statements from 2006 their will be no purchases as We have not bought anything since 2004 I think I will just tell them to take a running jump.

And before anyone says you got the goods pay for them. If Littlewoods MBNA capitalone etc had treated us as human beings, then I would have returned the compliment. Well now the boot is on the other foot etc and I am going to kick them as hard as I can.

dpick

Originally Posted by dolphin939

Hi how much do i send to request statements to a catalogue company?
thanx lorraine

Hi Dolphin it's the same SAR request as with banks and credit cards 10gbp you can also use template letter just amend to use word account inplace of bank etc.

all the best dpick

Well no reply for CCA but did get letter confirming reciept of SAR letter so count down and waiting.

dpick

Well had a reply regarding SAR and info just for 1 item purchased 2005 nothing before that but we have never purchased any single item with that high a price.

I have got an idea that they have consolidated all previous purchases into this one amount on a new account number as at bottom of last page says no account history for this agent, this is last page of account history going back from today to 2005. Will calling littlewoods Monday.

dpick

Originally Posted by dpick

Well had a reply regarding S.A.R - (Subject access request) and info just for 1 item purchased 2005 nothing before that but we have never purchased any single item with that high a price.

I have got an idea that they have consolidated all previous purchases into this one amount on a new account number as at bottom of last page says no account history for this agent, this is last page of account history going back from today to 2005. Will calling littlewoods Monday.

dpick

Rang littlewoods this morning re SAR very nice lady working for data complains confirmed account was consolidated 2005 when I replied I am wanting to check accounts pre this she said will print them and send should be with you in next 2 week, they did send results of first request in about 2 weeks so will wait and see.

dpick

Well regarding CCA request received by Littlewoods 06/06/2007 now gone past 12+2 days so Littlewoods in default on CCA. Will wait a little bit longer for them to dig the hole a bit bigger.

dpick

Well just got 2 years transactions for one account nothing else

So today 10/07/2007 sent full combined CCA/SAR asking for EVERYTHING on two accounts.

see what happens now. dpick

Well finally got a reply to my originall CCA request not impressed.




ER no I requested a true copy of my wifes agreement you (Littlewoods) my assume any thing you want I know that no agreement was ever signed and also I requested a true copy under sections 77 - 79 of the act not cancellation notices anf copies of documents reg 1983 so I will be sending a bog off no agreement no pay.

below is this agreement



I dont think I will tell them yet I will wait for them to defalt on both account numbers then a combined bog off letter

dpick

I don't believe these idiots at Littlewoods post was late today did not get this till after 1pm.

Letter advising as payments stopped admin charge £12 twits the account is in dispute.

so have been pinching bit and pieces from all over for this letter.

IE my no agreement bog off letter.

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: ***********************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ***********) on ********, 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing the statutory payment of £1.00. This letter was delivered and signed for on ***** , 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *******, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on *******, 2007 this time limit will have expired.

I have still not received a true copy of the agreement as required by S78 Consumer Credit Act 1974, just a blank copy of an agreement on which your company has hand printed my wife’s name and an incorrect address. As such I can only assume that no contract was ever signed by me wife. As you are no doubt aware

A credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974 and is therefore a complete defense to any court claim that is issued.
Please take note that any legal action you may contemplate will be vigorously defended and contested.
Furthermore your actions arguably do not comply with the Office of Fair Trading (OFT) debt collection Guidelines of July 2003, in that you have ‘communicated in an inaccurate or misleading manner (section 2.1) by ‘presenting information in that it creates a false or misleading impression’ and ‘failing to provide information on the status of debts’.

Should you nevertheless choose to initiate legal proceedings against me, I will expect to receive, with any letter before action, a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by my wife in respect of this alleged debt.


What I require

I require you with immediate effect to ensure that all data held by you regarding the alleged agreement/debt is removed from any and all Credit Reference Agency database.

Ensure that all data held by you regarding my wife is fully destroyed.

Ensure that no telephone calls are made to my wife.

Ensure that all correspondence is made in writing.

I require written confirmation of the above together with a quarterly statement that no data has been processed by you regarding my wife.

Failure to comply
 Failure to comply with my request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.
 Failure to comply with the requirements of the Consumer Credit Act 1974 will cause me to refer the matter to the Office of Fair Trading, and Trading Standards.
 Failure to comply with the requirements Office of Fair Trading guidelines will lead to a report being submitted.
 Continued telephone contact will generate a complaint for harassment to the police.
 If you fail to comply with any or all of the above I reserve the right to take action against you without further contact.
I expect to hear from you within 12 working days from the date of this letter.

Failure to do so will be taken that you have complied with my request and I will consider the matter closed.



Yours faithfully,


dpick for Mrs dpick

Originally Posted by Jangles65

Hello I got the same letter and agreement. Would you mind If i use some of your letter?

I also had a final decision regarding PPL on the account so took my complaint to the Ombudsman, according to them littlewood have not made a final decision and ombudsman have given them 14 days. (are they back tracking do you think>)

Hi I love this crap you agreed to PPI there's no flaming agreement so no contract no ppi contract but they will keep fighting hoping you will give up. Our account balance £1700 PPI would be approx £350 so they can take a running jump no contract nothing to pay.

all the best dpick

Hello littlewoods phone call yesterday as I got another demand, I asked if they were aware Ombudsman was waiting for a reply from them. They said they have come to a decision they will not be asking for any money back as no credit agreement !! I said I would be paying back what I owed but still wanted my insurance payments back. (I didn’t ask for the interest yet) So I am hoping that ombudsman will still take this up. Not going to give up,

The thing that gets me is if when I rang them about PPI they had not been so abrupt and arrogant saying you agreed to PPI sod off etc I would have been quite happy for them to take the PPI payments off the balance and then keep paying off the balance. Now no agreement bye bye and their arrogance has cost them.

dpick