I dont hold an account with Littlewoods. Their account holder used my addess as an alternative address without my consent, collected the item then arranged for it to be returned. Littlewoods came to collect the item from my address (they should have gone to the account holder's address as the item was there) and took something belonging to me (mothercare item). After 3 telephone calls and 5 emails, the last one giving them 7 days notice of legal action, they've agreed to trace my property and return it me within 14 days. I can only hope they'll do this otherwise it's off the small claims court for me to recover the cost of the item they've effectively stolen from me.

They've finally agreed to trace my mothercare item and return it to me. It appears the threat of legal action did the job. All I wanted was my own personal property returned. It never had anything to do with the account holder. They should never have turned up at my property and took something belonging to me. They have advised me it "should" be redirected to me within 14 days. So fingers crossed.

It isn't a case of negligence, it's a genuine error. It should be a simple case of "oh dear, we've received this by mistake, would you like us to return it by post, or would you prefer to collect it personally"? But Littlewoods, in my opinion, are being deliberately obstructive. My eldest son lives with the Littlewoods account holder who ordered items for my son (correctly) from Littlewoods catalogue. The account holder requested the items be delivered to an alternative address (mine) because it was convenient (my son was staying in the area at the time). At the same time I ordered an item from Mothercare and they both arrived together. My youngest son was told to expect my item so signed for both (he would not have questioned the fact that he signed for 2 items instead of 1 because he was not specifically told only one item was arriving - communication error on my part here). My eldest son and the account holder collected their items and as far as I was concerned that was the end of it. However, the items that were ordered (by the account holder) from Littlewoods were the wrong size, so the account holder arranged for Littlewoods to collect the items under their returns policy, but as they (my eldest son and accoount holder) now had possession of the items, he (the account holder) arranged for the items to be collected from HIS address, not mine. However, because the items were delivered to an alternative address (mine), the courier called to collect them from the alternative address (mine). This was a genuine error, I accept this. Mistakes happen! My youngest son, who is 17 with registered learning difficulties and legally classed as disabled was confronted at the door by someone asking for the Littlewoods return items. Not knowing any better he handed over my mothercare item by mistake. I could argue that my youngest son should have been treated as a minor and the courier should have refused to accept returns from him, but my son's learning difficulties are not always obvious within the first few minutes, so again I accept that this was just a simple mistake and it happens! The other items (that the account holder ordered for my eldest son) have now also been legitimately returned to Littlewoods by the account holder from his own address. NOBODY owes Littlewoods anything. But every time I try to speak to Littlewoods to get my item back they refuse to discuss it and preach Data Protection to me. This is not a Data Protection issue. Littlewoods are simply using this as an excuse not to communicate with me, and I really can't understand why as they clearly know the item they received does not belong to them and any attempt to retain it is surely unlawful? As a side note, my job requires me to be well versed with the Data Protection Act, so I know what Littlewoods can and can't do (it's the other stuff I'm struggling with). From the second Littlewoods received my item they had a Buisness need to access the account holder's account (the tracking number would require them to log receipt of the item and it would have been linked to the account holder). You are directly in breach of Data Protection if you so much as ACCESS an account without a legitimate reason for doing so (no breach here then). Indeed, the fact that Littlewoods were able to furnish ME with the account holders name (not once did I ever give them his name) shows they must have accessed the account. So if Littlwoods genuinly believe they cannot locate my item due to Data Protection, they shouldn't have accessed the account in the first place. If Littlewoods are accessing cases they believe they have no business cause to access then breaches could be occuring (just an observation, not an accusation). Of course, Littlewoods could simply be misrepresenting DPA in order to avoid dealing with legitimate complaints, which I'm not sure they're allowed to do either. I'm fairly certain if I had items belonging to Littlewoods and was refusing to pay for them I'd be receiving all sorts of threats by now. Sorry for long-winded reply. This is why I condensed my original post, but maybe the full facts are needed in order to see how messy this really is and how obstructive Littlewoods are actually being

Well I'm getting nowhere fast with Littlewoods. They refuse to discuss this with me and keep quoting the Data Protection Act when in fact this is not a Data Protection issue at all. They're simply misrepresenting this Act to retain property that doesn't belong to them. And yes, I'll be reporting this to the ICO as this practice is frowned upon. Littlewoods continue to insist that they will only discuss this matter with the account holder, despite the fact that I've pointed out this actually has nothing to do with the account holder. They shouldn't have to refer to the account holder's account at all to resolve this and they certainly don't need his permission to return it. I've therefore given them 7 days notice to return my property or I will take legal action against them to recover the cost of the item I know I can do this and I'm fairly certain they don't have a legal leg to stand on, but I've never done this before. So, does anyone know how I go about this? I assume I'd have to take them to the small claims court and I'm fairly sure this is a civil matter rather then criminal, so I won't get any help from the Police (although I'd to interested to find out whether misrepresnting the Data Protection Act to unlawfully retain items that do not belong to you crosses the line). What happens if Littlewoods cave in before the Court date and simply return the raincover? Do I then get left with any costs I've incurred submitting the legal paperwork to force them to return my propery or can I still request that they pay the costs on the basis I've given them more than enough time to return my property and they only did so after I commenced action against them?

I'm not sure whether this is the right place for this, so apologies if I'm posting in the wrong place. I'm pulling my hair out with this problem. Basically, my Son's friend is the account holder for a Littlewoods catalogue. My Son ordered some items from him and had them delivered here for convenience. At the same time I'd ordered a raincover from Mothercare, both of which arrived together. The items for my Son needed returning as they were the wrong size, so collection was requested, but when the driver came to collect the items my youngest son handed over my Mothercare raincover by mistake. I have the item tracking number and telephoned Littlewoods to request my item be returned, but they advised they also needed the Account Holder's account number. So, I obtained this and phoned back, but now they're saying they can't investigate due to Data Protection. I've pointed out that I'm not requesting data, I'm simply asking them to return my property and supplied the account number to help them locate it quicker, but they refuse to do anything unless the account holder contacts them directly. However, because the account holder is not exactly a friend, and it'll cost him money on his mobile phone to chase this up, he is saying that this is a matter between me and the catalogue company, So I'm running around in circles, The fact is Littlewoods have an item belonging to me and I want it back. Any advice on how I resolve this would be greatly appreciated, especially as the raincover cost me £30 and also needs to be sent back

I have a feeling this could just be a maildrop as there's a mail forwarding company at that address I don't know why I didn't check out the reviews first, I usually do, but I was tired and in a rush, so I got sloppy.

The company is Argoth http://www.argoth.co.uk. My bank statement shows the payment was made to Dijital Hub,which appears to be a holding company. I didn't name them before because I wasn't sure if I was allowed to on here

I ordered the goods mid February, it's been a month. Their website says delivery should be between 7-10 days and they would email if it is likely to take longer (they haven't). I did a check on the company and there is a history of complaints from other customers in the same position. It seems that very few people ever receive the orders they've paid for. I should have done the check before ordering, but I just didn't think. So, am I right in thinking that I simply email them and ask for a refund and that cancels my order? If they don't reply (and others have tried this) what do I do next? This is brand new territory to me so please accept my apologies if it appears like you're explaining this to a complete idiot (actually, you'd probably find explaining it to a complete idiot easier). Thanks again

Not sure if this is the right place to post (sorry if not, please let me know where to post). I purchased some items from a company online (not sure if I'm allowed to post their name). They have no contact details other than email, which are not responded to. I've only ordered £17 worth of items but I've not received delivery. My debit card (wish I'd used a credit card as there is more protection) has been debited. Can somebody tell me what steps I need to take to recover my money or receive the items. This has never happened to me before as usually I receive the items for online purchases. Many thanks

Just seems a bit harsh when most people only default on the repayments because they have fallen upon genuine hardship. I know the argument about "if they can afford plasma tv's, etc" and "they should sell them to pay the debt". The likelyhood is they bought them when their financial situation was better and never thought their income would decrease so much. And sure, they could sell their goods, but they would only get a fraction of the value, so it isn't really a cost effective option. Sometimes it's better to completely lose your job and receive benefits than it is to have a significantly reduced income and be living slightly above benefit rates). What a world we live in eh!

I read a report about Councils using Bailiffs companies before exhausting other options. I can't remember where I read it, but it basically highlighted how the Councils were stystematically ignoring their own Guidelines and causing unnecessary distress to debtors. The Council Tax (Adminstration and Enforcement) Regulations 1992 details the right to apply for Liability Orders and details Attachments of Earnings, Distress, etc. It doesn't say that Distress Warrants should only be used as a last resort (not that I can find anyway), so it allows the Councils to use it at any stage they choose (which we all know is exactly what they are doing). Most Councils have guidelines that they follow and every one I've checked states that Bailiffs should only be used as a last resort. Here is a typical example Council Tax recovery/enforcement information. I think the problem is that "Guidance" isn't Law. You can choose to follow Guidance, but you have to follow the Law. Until the Law for Council Tax Enforcement is changed to protect vulnerable clients (and I can't see that happening any time soon) we either continue our battle or hope that someone steps up and starts regulating Bailiff companies independantly (they'd probably call is OFBAIL or something like that lol). The Human Rights Act does seem to contridict so many of our Laws, which makes it very hard to fight with something like this because Councils haven't acted illegally, just immorally!

Do not open the door, the Bailiff can't break in. He can climb through an open window or door, so make sure you keep them locked. Write a letter to the Bailiff Company (don't bother to phone or speak they will feed you complete dribble and try to frighten you into making payments). In the letter put something to the effect that you are disputing the debt and will not be liasing with the Bailiffs at this point in time. I'd word it to the effect of .... If you are a single parent and/or unemployed, include that in the letter and remind them that you are considered vulnerable under the National Standars for Enforcement Agents (you can play around with the wording and make it sound more professional). Send a copy to the Council with a covering letter regarding your dispute (and the documents they have requested). Send a copy to the CEO mark it Formal Complaint and moan about the fact that this is now the second time you have sent these documents and due to the fact you have Bailiffs harassing you, the time delay is not acceptable, and urge him to address this matter immediately. Also contact your local Councillor (it won't hurt). As long as you don't let them in or sign anything they can only charge you for a maximum of two visits, but I would query this if it is found that you are not liable (the Council should have done their homework before appointing a bailiff....). Ignore them if they threaten locksmiths, or try to add other charges. The most you will have to pay is £42ish (£24ish 1st visit, £18ish second) Hope this helps a bit. Someone will come along shortly and give you much beter advice, but hopefully this will help a bit while you wait

I think I've corrected the typos (my fingers type faster than my brain operates...) I'm more frustrated than anything now. I could understand if I owed the money, but I don't. Why should I have to prove my innocence? Even in a Court of Law I'm am innocent until proven guilty. The way this company is presenting itself suggests they have more powers than the Police, which is absolute rubbish! If my son was living here and broke the Law, the Police could only search HIS room with a search warrant, but the bailiffs suggest they have the power to enter my property and "help themselves" unless I can prove ownership, which I am fairly certain is not the case (someone correct me if I'm wrong) Why are bailiff companies allowed to breach the Law in this way? Why won't the Police take action against them? I'm pretty sure if I so much as kicked a bin over I'd be arrested, but bailiff companies are committing acts of harassment, fraud, and threatening behaviour without any consequence.

Saga continues.... Received this from Philips today... (word for word, including errors) Maybe I'm just overtired but I've had enough... My response... At what point do they stop harassing the relatives of the people they have the warrant for? I know 100% that even the Police have to apply for a Court Order to trace a wanted criminal, so Philips insinuating they have the ability to "trace" is in itself laughable (I have more power and I'm just a front line Civil Servant - would cost me my job though...). I am fed-up and tired with all of this...... I know I've made threats to take the matter further, but exactly what do i do if they continue? How do I make this stop? Sorry if I seem a bit agitated, I'm just fed-up with all of this and just want to "put it all to bed" so to speak Many thanks Pixie

This is very clever wording from the Bailiff Company to scare you. It says a Warrant "could" be issued for your arrest, not "will" be. It's worth remembering that the prisons are severly overcrowded, so it's rather unlikely that any Judge is going to opt for imprisonment unless there is no alternative. It's unlikley that the Court will speak to you whilst the Bailiff has your file (unless you fall into a vulnerable group), so you'll probably be forced into negotiating a repayment plan with the Bailiff Company Someone will be along shortly to give you proper advice

After reading these forums I now realise that to be the case. However, when you receive a Bailiff letter through your door most people panic and want to resolve it quickly, meaning that the first instinct is to pick up the phone (Isn't hindsight a wonderful thing?). I did write to the Council on 22/01/2008 and 04/03/2008 and have never received a reply. I failed to address it to the CEO, which was another mistake I made (I sent the letters by email and Royal Mail post). Documenting all the mistakes I've made will hopefully prevent someone else doing them Thanks for your quick reply PT

Hiya, Not sure if I can do anything now, or whether it'll be worth the hassle, but here is the story... January 2008 I received a letter from Equita Bailiffs advising me of a Warrant for unpaid Council Tax. I immediately phoned the Local Council to explain that I had been having complications with my pregnancy (subchorionic hematoma) and had been in and out of hospital so hadn't realised that my bank had cancelled my direct debits (long story). I pleaded with them to take the debt back because I was too ill to cope with the Bailiffs and that my records would show I historically paid my Council Tax. They refused to accept the mitigating circumstances of my case and forced me to contact the Bailiff and deal with him. I duly contacted the Bailiff who reduced me to tears after telling me I either paid the full amount within 3 months or go to prison. He told me there was nothing I could do about it and the advice I received from the National Debtline was wrong "...you obviously didn't make them aware that the warrant has already been authorised...". I was so distressed at this stage I hung up the phone and just cried fearing the stress would make me lose my baby. I don't know what made me do it, but I did some googling and found this site. I realised that I fell into a vulnerable group and emailed the Bailiff Company a letter advising them that I had been diagnosed with a high risk pregnancy and the added stress was jeopardising it. I also asked for a breakdown of charges. Within 2 days I had a reply stating that the debt had been passed back to the council and the charges were £42(ish), which meant I had been charged for the 1st and 2nd visit. I also wrote a letter to the Council complaining that they had been made aware of my vulnerable situation from the outset and should have immediately cancelled the contract with the Bailiff, but never received a reply. Now, I'm pretty sure that the letter I received from the Bailiff was posted by Royal Mail (don't have it any more), and the Bailiff most definitely did not visit me any time after, so I was charged for 2 visits that were never made. I know that I can't do anything about the Bailiff misrepresenting his powers because it's his word against mine, but is possible to successfully claim back the fraudulent fees? How would I do this? I've left it too long to chase the complaint I made to the Council. Maybe I shouldn't have left it, but I was so ill during my pregnancy, and about a year after the baby was born (suffered a postpartum hemorrhage at delivery), that I just didn't feel up to it. I am posting this more for the purpose of anyone who may be finding themselves in the same situation now that I found myself in 2 years ago. Edit: On a lighter note, I have overpaid my Council Tax for financial year 2009-2010 by just over £50 (paid it in November 2008 ). The Council have not returned this money to me, but advised me they would take it off the bill for April 2010-2011, which I'm pretty sure is illegal, as we are not yet in the financial year for 2010 Council Tax. Surely my money should be sitting in my bank account earning interest, not theirs? I'm considering sending around the Bailiffs....

It "should", but doesn't always. When I was having complications with my pregnancy (categorised as "High Risk"), I missed 2 months Council Tax payments due to a glitch with my bank (still in dispute with them over it). By the time I got around to checking my mail the Council had passed the debt to the Bailiff. I pleaded and pleaded with my Council to take it back as the only reason I'd missed the payments was due to being in and out of hospital because there was a risk my baby had died. The Council point blank refused forcing me to deal with the Bailiff who threatened me with imprisonment. I can't begin to describe the state I was in during all this. It was only due to reading these forums (never posted) that I realised I fell into a vulnerable group and wrote to the Bailiff company (Equita) who passed the debt back. At no time did the Council make any attempt to assist me or accept that my circumstances meant it should never have been passed to the Bailiff in the first place. The Council, in my opinion, are really quick to bring the Bailiff in, which is against Government guidelines that states the Bailiff should be a last resort. The Bailiff charged me for the 2 visits he never made, and the Council never bothered to respond to my complaint. I let it all drop because I wasn't well enough to deal with them, but I'm sure they guessed I wouldn't and simply ignored me like a I was a piece of worthless trash. I guess they risk assess who they can and can't mistreat without facing any consequences! Incidentally, I have overpaid my Council Tax by about £50 this year (paid it all in November 2008 ). The Council haven't returned my money, and are keeping it to take off this years bill, which I'm sure they can't legally do because right now it's my money and is earning interest in their bank when it could be earning interest in mine. Maybe I should send the bailiffs around.....

I'm having a very similar experience with Philips, which can be read in this thread http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/247649-philips-bailiffs-court-fines.html#post2775822. I've been given some really good advice, which you can also use Hope it all works out

Just come back from the Solicitor with the Notarised Statutory Declaration, and 2 certified copies for the grand sum of £5, which is probably the best £5 I've spent this year. I've sent the Declaration and accompanying letter by Recorded Delivery to the Court and will send it to Philips after obtaining a certificate of postage tomorrow so All I can do now is wait to see what the outcome is. Hopefully this will be the end of it. Either way I'll let you know (hopefully it'll also help others going through a similar experience) Thanks again

Put it in writing to the Bailiffs that your father is a pensioner and vulnerable and refer them to the National Standards of Enforcement. Tell them you will ONLY deal with any correspondence in writing, and simply put the phone down if they phone. Tell your father to do the same. If they put anything in their correspondence that misrepresents their powers you can take action against them and they could lose their license. "The power of the pen is mightier than the sword"

Put it in writing to Philips that your son no longer lives there. If they call again phone the Police. I'm currently having a real game with Philips chasing me for my son's outstanding fines. Philips speak to you like you are something they've stepped because they assume they can get away with it, and most the time they probably do. I've had to get a Statutory Declaration Notarised by a Solicitor today to try and stop Philips obtaining forceful entry to my property, which is worrying me sick, especially when I am not the person who is liable for the fines. I'm still not sure whether this is going to be enough to get them off my back, but one can only try. It may be worth writing a letter to the person who contracted the Bailiff in the first place. Once they know that your son no longer resides in your property you can hold them equally liable if the bailiff act unlawfully, which may force them to withdraw the warrant (it's not working in my case, but I will have an extremely strong case for restitution if the bailiff gains entry to my property). Good luck

I could be wrong (and probably am), but my understanding is that if they have never entered your property they can only charge you for the 1st and 2nd Visit. Also, I think that if you have paid by credit card and any of the charges are fraudulent, you are protected by credit card fraud and can claim the entire amount you paid back Worth getting it checked out. I'm sure someone with proper knowledge will answer shortly

This gets even worse.... Just spoken to the fines department at Birmingham Magistrates Court asking them where I would need to go in order to hand deliver some correspondence to them (Statutory Declaration and Letter). They catagorically state they will not accept it and the matter is between me and the Bailiff. I advised them that the Statutory Declaration would render the Distress Warrent unlawful and that, as the Bailiff Company are acting on their instructions holds them liable for action to be taken against them. So, How can I hand deliver this form, which should give them no alternative but to recall the Distress Warrent, and what can I do against the Courts for refusing to recall a Distress Warrent that they know will be unlawful? Surely the Court can't refuse to accept the document and accompanying letter?

TT I'm not sure whether my son received the original summons in person or not, but I suspect he probably did. I emailed the hard copy to Philips last night and received one of their auto generated replies. I wrote a similuar letter to the Court basically advising them that I would hold them personally responsible for any breach caused by Philips because Philips are acting upon their instruction. I have an appointment with the Notary today at 4:30 to get the Statutory Declaration signed, which I will photocopy and send tomorrow. I'm not expecting this to be the end of all this and am preparing myself for Bailiffs to turn up at my door. I really do appreciate the advice because when I contacted the insolvency helpline they told me that the Bailiffs were entitled to remove my goods in my absence (with the aid of a Locksmith) and that I would have to prove they are mine after. They basically told me there was nothing I could do, so it would never have occurred to me to get a Statutory Declaration done. Not sure whether it will work, but it's a whole lot more constructive than the so called "professional advice" I received. Many thanks again xxx