Caz V Littlewoods

[Caz1974]

Over a year ago I sent a CCA request to Littlewoods regarding a catalogue debt and had a letter back from them explaining that they would no longer be pursuing the debt.

I was pleased with the outcome and thought that at last my hassles from them would be over, but over the past year I have had to write backwards and forwards to various Debt collectors who reluctantly try to collect on the account.Each time I send a CCA request for £1 and the debt collectors disapear then low and behold a new one rears it's head and so on and so on.

Yesterday I composed this letter to send to Littlewoods and to the current DCA :

Littlewoods Finance Company

Aintree Innovation Centre

Park Lane

Netherton

Bootle,

L30 ISL

Ref: Lit

Dear Littlewoods,

 

 

On 08/11/2006 Littlewoods corresponded with me highlighting the fact that they would not be pursuing this outstanding balance ( photocopied letter enclosed for your reference)..

 

In a letter to Littlewoods of the 21st February 2006 I made a formal request for a copy of the signed, executed credit agreement again for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me.

I now require details of how the account from that time came into the hands of, Moorcroft debt recovery, Debt Managers Ltd, Fredrickson International Limited, along with any other companies you have unjustly and unlawfully shared my data with..

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974 and the Data Protection Act 1998.

 

As you are no doubt aware, Section 78(6) of the Consumer Credit act states:

 

If the creditor under an agreement fails to comply with subsection (1) -

a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on April 7th 2006 this account became unenforceable at law and no further payment will be made by myself to the account, as Littlewoods have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further I am in receipt of a letter showing that Littlewoods would not be pursuing this account, I do not acknowledge any debt to Littlewoods.

Enclosed is also a copy of a Statutory Notice pursuant to Sections 10 and 12 Of the Data Protection Act 1998 signed for by Littlewoods on 17th October 2007.

This clearly has not been adhered to because on the 05/12/2007 I received telephone calls and a letter from Fredrickson International Limited claiming to be collecting this debt on Littlewoods behalf.

 

 

I require the following action from Littlewoods:

1. Removal of all defaults entered by yourselves with evidence to prove this. Note this is to be a complete deletion and not merely an amendment.

 

2. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years why the account has been in dispute and unlawfully in your hands.

 

3. You will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other companies within your group.

4 A full explanation of your flagrant misuse of my personal details which obviously have not stayed ‘in house’ and compensation to reflect this.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 within the next 28 days to force Littlewoods and Fredrickson International Limited or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing and harassment.

I reserve the right to also pass the matter to the relevant enforcement authorities including, but not limited to, the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP which I will be doing immediately.

 

I look forward to your reply within 14 days to resolve the matter amicably.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours faithfully

Mrs Caroline Flumpy

 

I am going to post this by 1st class recorded delivery tomorrow does anyone know which is the best place to start to further this complaint is it the OFT or the FOS or the Information Commisioner? or maybe all 3

[rory32]

What were the contents of the letter Littlewoods previously sent you informing you that they would not be pursuing this matter?

[Caz1974]

The letter stated that they would no longer pursue this account as they could not provide a true copy of my agreement.There was no mention of my data being stored etc.

[Caz1974]

Grrrrrrrrr @ these guys.

I have checked my credit file and Littlewoods still keep updating it and so do every other DCA they refer it to!

I served these with a section 10 and 12 back in October and this morning have recieved a letter of assignment from them outlining the debt has now been passed to Pheonix recoveries.

What can I do to stop all this adverse data piling up with CRA's? Have I got a legal leg to stand on in court with this?

Oooooo my mind boggles which way do I go with this one there's no signed agreement they wrote to say they wouldn't pursue the debt but instead they pile bad scores on your credit file thus making me feel like I'm banging my head against a brick wall.

Has anyone out there took these guys on with this and won yet?

[Caz1974]

Recieved a response to the above letter today from the complaints department from a lovely lady called Kaylee.She explained that their computer systems swapped over last year and as a result a lot of accounts that where deemed as unenforceable got mixed and routed to the wrong departments i.e. the debt collection sections.

Perhaps this is the reason for a lot of us having accounts which have been dormant popping up again?

The letter stated that she will also fully investigate all the above points and get back to me as soon as possible ( within an eight week timescale ).

So some kind of explanation at last

[dpick]

Recieved a response to the above letter today from the complaints department from a lovely lady called Kaylee.She explained that their computer systems swapped over last year and as a result a lot of accounts that where deemed as unenforceable got mixed and routed to the wrong departments i.e. the debt collection sections.

Perhaps this is the reason for a lot of us having accounts which have been dormant popping up again?

The letter stated that she will also fully investigate all the above points and get back to me as soon as possible ( within an eight week timescale ).

So some kind of explanation at last

 

It would seem that Littlewoods are telling porkies I got the same we will not pursue letter on 10 August 2007 and then two defaults for the same account both defaulted on 08/10/2007 then debt passed from NDR to iQor recovery services. I wonder if they have swapped the computer system again, best load of C**P I have heard in a long time before I retired I was a computer programmer and used to write data upgrades and tranfers between systems and I never mucked up the way that these twits keep saying they do.

 

all the best dpick

[Caz1974]

Thanks DPick out of interest do they still update your credit file? and did you ever try and get the defaults they previously registered removed?

I'm not planning on buying a mansion or a yacht but it makes me seeth that this bunch of **** can keep using your own data against you.

Out of all the creditors I've taken on these have annoyed me the most!

I'm personally not bothered that the default will stay on my file but what annoys me the most is this bunch's line that they won't pursue then they send your personal details to every Tom, Dick and Harry.

[dpick]

Hi Legal Direct rec's have not updated since November 2007. Littlewoods finance are still updating file.

 

Have written to Littlewoods, Experian, Information Commishioner Office and Financial ombudsman office.

 

re

 

1, No agreement

2, defaults applied where no agreement

3, default ammounts incorrect due to stopping claim for refund of PPI interest and charges due to no agreement when Littlewoods wrote to say they have not been able to find agreement and would not pursue debt.

 

 

Now waiting responce from all of them.

 

dpick:)

[Caz1974]

Keep me posted DP

I've complained to Littlewoods, experian and FOS and am waiting too but FOS say it could take up to nine months.

I've included all the points you are complaining about too apart from the PPI.

[dpick]

If enough of us complain then maybe just maybe they might do something about this type of thing, thought I doubt it , it seem that they are all in the pocket of the banks etc.

 

dpick

[Caz1974]

Just to let you all know that at long last I've had the result I've been striving for with these folks.

Back in February a young girl called Kaylee at Littlewoods took over my case and kept me informed by telephone at regular intervals.

On Tuesday I recieved a phone call with another full apology and was told that everything recorded on my credit file by Littlewoods or any debt collector regarding this alledged debt would now be deleted.

I've left it a few days and low and behold all data as been totally removed.

My best advice to anyone dealing with them is to keep at it ( send the letters, stick to your timescales and keep badgering them - it does eventually work) It's taken nearly two years of me being a pain in the Aris!

[pugsley]

well done !!!

 

 

mine seems like a very similar situation (no cca) been going on for ages and I have now decided to get tough and invest in lots of stamps and go after them via any avenue I can find.