Hi Godmother, Thanks to both Jeff and yourself. I will put a letter together and send to them, as you say it's worth a go. I assume that I will need to give them as much info as possible along with the creditor name and account number etc? I will let you know how I get on.

Hi Jeff, Many thanks for your support and encouragement, I will go ahead then as you say. Do you think that I should also send a letter to the Credit Reference agency asking them to add a note against the Littlewoods default saying that this debt is in dispute ??

BUMP Please help- I am getting desperate:( X

Hi All, Sorry for the delay in getting back and keeping you posted but I have been on holiday and had many things to catch up on.......... Anyway, guess what, my son have not heard a thing from anybody, Littlewoods have not bothered responding to my letter (the one shown a little way back on my thread.) Nor the firm of solicitors !!! We have since sent them another letter which was a Prelim letter, along with a schedule of costs/over payments that we are claiming back. AGAIN no response at all............ this is what we said in the prelim letter: Littlewoods Finance Company Ltd Aintree Innovation Centre Park Lane, Netherton Bootle L30 1SL Dear Sir/Madam I understand that the regime of 'fees' which you have been applying to my account in relation to penalty charges are unlawful at Common Law, Statute and recent Consumer regulations. These charges/fees, interest etc, have been applied without there being a true Signed Credit Agreement in place. I calculate that to date you have taken payments from myself to the total of £373.06 This amount is £221.06 over and above the value of goods purchased, this sum of money is made up of, late payments charges, Extra Care Advantage, which I had not requested, and interest charges added to the account. I am enclosing a copy of the schedule of the charges for which I am claiming I am in no way trying to avoid my responsibilities to your company for goods that I did purchase which came to a total value of £152.00. This amount has been paid in full to your company. It is all monies over and above this figure that have been paid to your company that I am claiming back, as these are made up of the following: Penalty charges which are unlawful. Extra Care Advantage Insurance, which I had not originally requested and had approached your company to have this insurance removed. Also interest added regularly to all outstanding balances on the account. I confirm that you had no agreement from me to do any of the above, in so far you still have not been able to provide me, despite my numerous requests, with a true signed copy of any Credit Agreement held by yourselves. I enclose again a copy of the most recent of my letters dated the 4th August 2008 , to which you did not even have the decency to respond. Additionally, it has come to my notice you have entered a default notice against my credit record. In addition to full repayment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. Also please note that at no time have I provided consent for you to share my information with a third party, and without a copy of my signed consent this is a breach of the Data Protection Act. I require repayment in full of this money by form of cheque and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest, plus a claim under ss.7 and 13 of the Data Protection Act 1998, plus my costs and without further notice. Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. What should we now do? Should we just go ahead with an LBA????? Please help ???:? We were also considering sending a letter to the Credit Ref agency asking them to make a note against the default recorded to show that this debt is in dispute, do you think that I should do this and if so, should I send them copies of letters sent to Littlewoods? At this stage I have not yet been in touch with any of the complaints bodies, should I also do something about this now???? This is becoming a complete nightmare, first time around we left it as we did not hear back from Littlewoods and then they eventually passed on to another debt collection agency................. HELP PLEASE:evil:

BUMP Hi, Please could someone please take a few minutes and read through the letter (two posts above) and advise me if this is ok to send to Littlewoods, or if not what should I do next?????

Bump

Hi all, Ok letter done to Solicitors, should I sned a copy to Littlewood Finnace as well?? Ok this next part is a bit long winded, but I would appreciate it if someone can reda through this letter that I intend to send to Littlewood (I have used the basics from other posts and have amended slightly) I just want to check that all seems ok in the letter before I send. I thought that I would send this ot them and then in a couple of days send the prelim letter. What do you think???:-? Dear Sir You received a letter from me on the 05/03/2007 requesting a true, signed copy of any credit agreement that exists in relation to the above account (see enclosed).This is my right under Sections 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request. Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence. I received a letter and document from yourselves dated the 13/03/2007, (copy of your letter enclosed) the document was an unsigned Credit Agreement, and your letter informs me that you assumed that I had a signed credit agreement in my possession, which of course I do not, why else would I request the said agreement. I further wrote to you on the 26/03/07 informing you that this account was in dispute ( copy enclosed) Both of these deadlines have now passed and I have received nothing in relation to my request apart from being pursued by yet another debt collection agency and Solicitor, Phoenix Recoveries UK Ltd (acting in the name of SDFS Recoveries). This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account. As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking. On the advice of the Financial Ombudsman, I am now requesting a final decision in this matter from you. Should this decision not meet with my satisfaction, then I will pursue the matter through the Ombudsman. The maximum timescale for you to give a final response to any complaint is 8 weeks. This time runs from the date of my original complaint, in this case that is the further request for a true copy of the credit agreement dated 26/03/07. As you will note 8 weeks already passed but I am prepared to extend this deadline because I appreciate that you are very busy. Therefore, you must provide me with a final response in this matter, including your proposed actions for this account, by 11th Aug 2007 Please note; you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Under the Data Protection Act I have principled rights in that (Schedule I) 1. Personal data shall be processed fairly and lawfully 2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes (Schedule II) 1. The subject has given his consent. 2. The processing is necessary a. For the performance of a contract to which the data subject is a party. The fact that you cannot provide me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. Incidentally, I cannot recollect receipt of the said documentation. If the documentation were to be produced as you are aware the default notice cancels any original terms and conditions and as such cancels any right to share my information without my consent. There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this. Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data. Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies: You may not demand any payment on this account, nor am I obliged to offer any payment to you. You may not add any further interest or charges to this account. You may not pass this account to any third party. You may not register any further information in respect of this account with any of the credit reference agencies. You must remove the default notice you have placed on my credit file. I look forward to your final decision on this complaint by 11th Aug 2007. This should include your proposed actions in relation to the lack of a signed credit agreement. I would also like to point out that I will be taking this matter further with the Information Commissioners Office because you have demanded further payments and have also provided my information to Phoenix Recoveries UK Ltd, while this account is in dispute Will this be ok, and should I send this followed by the prelim letter????

Many thanks, I will get this done, I will keep you all updated how we get along!!

Hang on in there................. Wont be long now before you get ALL your money back:p

Good news.........................Well Done!!!!! CONGRATULATIONS!!!!!!

HI, maybe they are trying to give cheques the ' personnal touch ' But thats is good news.................... WELL DONE:lol: CONGRATULATIONS !!!!!!!!!!!

HI, maybe they are trying to give cheques the ' personnal touch ' But thats is good news.................... WELL DONE:lol: CONGRATULATONS !!!!!!!!!!!

Hi Trojanska, I have not reported them yet but that is may next step along with a letter to the solicitors and Debt collecters, as well as the claim back for the charges from Littlewoods.... I must admit that I am a bit behind because I have had visitors this week but now I am going to knucle down and get everything written and sent off. Can I ask is there a set address for the FOS and TS???

HI Surprise, Many thanks for this, I will amend and get this sent off to them and see what happens from there. Do you think that I should also send a copy to Littlewoods as well??? I will also send in the Prelim letter to Littlewoods.

I think that you should give IF a call, and tell them that you are still waiting and that if you dont get your money within 4 days you will proceed to file with the court and will then claim court costs plus interest.......... Hopefully that will give them the jolt that they seem to need..... Probably your papers etc have been buried under mountians of other claims etc and has been forgotten about. Good Luck:p

Hi, just thought that I would check how things were going. And also ask for some more advice on my thread, as per my other postings on Trojanska's thread I have had the same problem with Littlewoods and have not got a signed CA. The account is in dispute and now another letter has been received from a different solicitor acting for a different DB threatening court action??????????If some has a minute would appreciate it if you could take a look at my thread and let me know what you think I should do now:mad: Thread Littlewoods Court action Thanks:)

Hi all thanks for the encouragement............... BUT real bad news today:o My son is really angry now, he has just received a letter from Brain Carter Solicitors, saying that they are acting on behalf of Phoenix Recoveries SDFS Recoveries, with a letter attached showing that Littlewoods have handed over the debt to these/this Debt Collector. The solicitors letter goes on to inform him that he has 7 days to contact them and make a payment or to sort out a payment plan else they will proceed with court action. Surely Littlewoods should not have passed this on to yet another DB since the debt is in dispute, which also clearly shows on Littlewoods records that my son obtained from them, their records/notes show that the debt was handed back to them to handle directly from the previous DB. What should he do now. He intended to send the Prelim letter to Littlewoods at the end of this week. Should he now send yet another letter to the new solicitors and point out that the debt is already in dispute and do the same to the DB? Perhaps this should also be reported???? Should he still send out the prelim letter now???? Really could do with some more help with this please:mad:

Hi everyone, thanks for all of your help and advice. I have now decided reading through all of this (and after Yaffsimones good news) that I will now continue with the claim. So fingers crossed......... I will keep this thread updated as this progresses.

Hi Ukcrow, thanks for your help with this, I have read through your thread and now have a much clearer understanding. so we will wait and see if we do get anything from Abbey. One other thing, do you think that it would be worth us contacting Abbey to just bump them along a little and see if they wish to settle???

Hi Jeff, Unfortunately no my son does not have a letter, in 2002 he was only about 19 at the time and did not know what he should have done etc etc, but he phoned and complained about the insurance and asked for it to be cancelled and he was told over the phone that this could not be done and that he should have ticked the box to say that he did not want it at the time of ordering and because that was not done he was now not able to cancel. I did not know anything of these problems at this time and so he took what he had been told as the truth...... So I am still none the wiser as to where we should now go from here. do I continue with the claim..? Please can someone help me:eek:

Hi, Well I am back again, I need some further help please......... My AQ was returned to the court a while ago. I have now received the following letter from the court and I am not sure what it all means so I thought that I would ask, this is what the letter says.: Before his Honour Judge xxxxx Sitting at Guildford County Court, Upon the courts own motion. The court has made this order of its own initative without a hearing. If you object to this order, you must make an application to have it set aside, varied or stayed within 7 days of recieving it. IT IS ORDERED THAT Dated 16th July 2007 Directions 1) The claim is allocated to the samll claims track 2) the hearing will take place, tims and date which will be notified to the parties 3)The Defandant shall not later than 4pm on 13th August 2007 serve on the claimant and lodge at court a document answering the following questions. (a) Is the case intended to be contested to and at trial? (b) Does the defendant intend to apply to adduce expert evidence? 4) If the defendant fails to lodge at court a document in accordance with paragraph 3. above, the defence shall stand struck out and judgement be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid. 5) Each party shall serve on the other the witness statements of all witnesses (other than expert witnesses on whom they intend to rely) 6) No party may adduce expert evidence unless an application for permission to adduce such evidence has been made and granted. 7) No party may rely on the evidence of any witness whos statement has not been served in accordance with this order without further permission from the court. 8) No more then seven or less than three clear working days before the trial date the claimant shall file and indexed and paginated bundle of documents which complies with the requirements of rule 39.5 of the cival procedure rules and the practice direction thereto, and shall serve a copy of it on the defendant. The claimaint shall endeavour to agree the contents of the bundle with the defendant before it is filed. If the claimaint file to file a trial bundle in accordance with this direction the claim shall stand struck out and the action dismissed without further order 9) Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with the appropriate fee) to arrive within seven days of service of this order. I can understand ( I think ) some of this but can someone please help clarify and let me know exactly what this all means and do I have to do anything at this time...... Its begining to look really scary:o

Hi Pugsley and Jeff, Thanks for getting in touch. I understand what you are saying regarding the Extra Care. But I do have a couple of questions about this though. My son did ask Littlewoods to cancel the Extra care but they refused and stated that now he had it he would have to continue paying it, he was not aware that he should have ticked a box on the form when he ordered the goods to state that he did not wish to have this cover. Also as he told them, this sort of insurance was no good in regards to cover on the goods since they were baby clothes. The other problem is that all the time they have continued adding the extra care they were also adding interest to the total figure including the extra care. this has continuted all the way through even though the items have been paid for, they have added the increasing value of extra care against the balance of the interest, chgs etc. Plus I have also read on someone elses thread that it states on Littlewoods agreements that if you default for 3 months then Extra care will not longer be available and you will not be covered. Plus of course as I have stated there is no CA so I have no idea what the interest should have been???(if any) Since I have contacted them and said that the debt is in dispute they have frozen the extra care and interest. My son has made payments of 396.00 to date for items that cost 152.00. Please help what do you think that I should do now???? I dont want to make a mistake and do the wrong thing.

Hi Yaffsimone, I have emailed details of name and address to you.... good luck !!!!

Thanks for this, I did think that was the case but just wanted to check. on all my letters someone else has been signing for me...........

HI, just wondered, the signed copy that they have now sent, was it your signature on the document???