Littlewoods Advice Please....

[Don4071]

I've had a very frustrating converstion with someone from Direct Shop Financial Services (Littlewoods, Abound, Kays etc etc) and would be grateful if anyone could give some guidance......

 

4/5 years ago, I may have defaulted on an Abound (part of Littlewoods) Account, but promptly paid it off 5 months afterwards.

 

I'm interested in pursuing for the charges to my account and for the removal of a default placed on my Credit file by Shop Direct Financial Services (Littlewoods) and gather that there maybe a possibility by:-

 

1. Arguing that I didn't have a Consumer Credit Agreement with Abound.
   
2. Didn't receive Notice of Default.
   
3. Arguing about unlawful charges to account (similiarly to banks etc).

My dilemia is after having a brief conversaton with someone from the Debt Receovery Team for Littlewoods/Direct Shop Financial Services (Abound), they've advised that:-

 

1. 'Your my order was accepted by us, a contract was then formed between us, when we despatch the goods to you.' I'm bound by their T&C's for a Credit Account. TAKING CARE OF ARGUMENT NO 1.
   
2. That they're not legally obliged to send a default notice (???not looked this part up yet) but can inform Credit Ref. Agencies of Defaults issued (providing its true), therefore highly probably I didn't get sent a Default Notice. TAKING CARE OF ARGUMENT NO 2.
   
3. See no.1 TAKING CARE OF ARGUMENT NO 3.

I've been reading various opinions, and to me it seems I should obtain a copy of my signed Consumer Credit Agreement (which I know won't exist), and also get a S.A.R. to find out what unlawful charges were applied to the account, and by pursuing for these to be returned also request for the removal of the default from my credit file as the default was made up of these unlawful charges.

 

Am I thinking along the right lines here???

 

Any guidance would be great.

 

Thanks.

[The GodMother]

instead of ringing the expensive number try ringing these numbers.

 

01512105000/5555 or even the FREE PHONE number which l will post up later

[pt2537]

I've had a very frustrating converstion with someone from Direct Shop Financial Services (Littlewoods, Abound, Kays etc etc) and would be grateful if anyone could give some guidance......

 

4/5 years ago, I may have defaulted on an Abound (part of Littlewoods) Account, but promptly paid it off 5 months afterwards.

 

I'm interested in pursuing for the charges to my account and for the removal of a default placed on my Credit file by Shop Direct Financial Services (Littlewoods) and gather that there maybe a possibility by:-

1. Arguing that I didn't have a Consumer Credit Agreement with Abound.
   
2. Didn't receive Notice of Default.
   
3. Arguing about unlawful charges to account (similiarly to banks etc).

My dilemia is after having a brief conversaton with someone from the Debt Receovery Team for Littlewoods/Direct Shop Financial Services (Abound), they've advised that:-

1. 'Your my order was accepted by us, a contract was then formed between us, when we despatch the goods to you.' I'm bound by their T&C's for a Credit Account. TAKING CARE OF ARGUMENT NO 1.

UTTER DRIBBLE IMHO, they are trying to confuse you with t heir jargon, the fact is that while they are correct in that a contract is formed, it is a contract which is regulated by the consumer credit act 1974 and now matter which way they look at it, unless they can produce a true copy of the executed credit agreement, then its game over they cannot enforce the agreement

 

1. That they're not legally obliged to send a default notice (???not looked this part up yet) but can inform Credit Ref. Agencies of Defaults issued (providing its true), therefore highly probably I didn't get sent a Default Notice. TAKING CARE OF ARGUMENT NO 2.

Well it gets even better

 

refer them to section 87 of the Consumer credit Act 1974 which can be found here Consumer Credit Act 1974 (c. 39) - Statute Law Database

they are talking rubbish again im afraid. further more , the Default notice must conform to the requirements of Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

1. See no.1 TAKING CARE OF ARGUMENT NO 3.

I've been reading various opinions, and to me it seems I should obtain a copy of my signed Consumer Credit Agreement (which I know won't exist), and also get a S.A.R. to find out what unlawful charges were applied to the account, and by pursuing for these to be returned also request for the removal of the default from my credit file as the default was made up of these unlawful charges.

 

Am I thinking along the right lines here???

 

Any guidance would be great.

 

Thanks.

 

Ah yes, the law according to Littlewoods, see my comments above,

 

the best thing to do is send off a CCA request,

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html the letter is template N

 

send it with a postal order for one pound and send Recorded delivery,

 

and most importantly DO NOT SIGN IT merely print your signature

 

 

they then have 12 working days from receipt of the request to comply

 

in the mean time while youre waiting, feel free to have a read of my littlewoods thread, it should give you an idea as to what youre in for

http://www.consumeractiongroup.co.uk/forum/general-debt/93571-pt2537s-cca-request-against.html

 

 

regards

paul

[hellhasnofury]

I've had a very frustrating converstion with someone from Direct Shop Financial Services (Littlewoods, Abound, Kays etc etc) and would be grateful if anyone could give some guidance......

 

4/5 years ago, I may have defaulted on an Abound (part of Littlewoods) Account, but promptly paid it off 5 months afterwards.

 

I'm interested in pursuing for the charges to my account and for the removal of a default placed on my Credit file by Shop Direct Financial Services (Littlewoods) and gather that there maybe a possibility by:-

1. Arguing that I didn't have a Consumer Credit Agreement with Abound.
   
2. Didn't receive Notice of Default.
   
3. Arguing about unlawful charges to account (similiarly to banks etc).

My dilemia is after having a brief conversaton with someone from the Debt Receovery Team for Littlewoods/Direct Shop Financial Services (Abound), they've advised that:-

1. 'Your my order was accepted by us, a contract was then formed between us, when we despatch the goods to you.' I'm bound by their T&C's for a Credit Account. TAKING CARE OF ARGUMENT NO 1.
   
2. That they're not legally obliged to send a default notice (???not looked this part up yet) but can inform Credit Ref. Agencies of Defaults issued (providing its true), therefore highly probably I didn't get sent a Default Notice. TAKING CARE OF ARGUMENT NO 2.
   
3. See no.1 TAKING CARE OF ARGUMENT NO 3.

I've been reading various opinions, and to me it seems I should obtain a copy of my signed Consumer Credit Agreement (which I know won't exist), and also get a S.A.R. to find out what unlawful charges were applied to the account, and by pursuing for these to be returned also request for the removal of the default from my credit file as the default was made up of these unlawful charges.

 

 

Am I thinking along the right lines here???

 

Any guidance would be great.

 

Thanks.

 

Hello,

 

I have read alot about the despicable conduct of Littlewood:rolleyes:

 

Arguement 1. You have to sign a credit agreement, so ask them for a copy. Send a request under the cca section 77/78 for a copy of the true credit agreement for the account. You will find a template letter in the general debt forum under template letter for creditors, you need letter N, it costs £1 and they have time limits on it. 12 working days and then 1 month, plus two days for postage. If they don't comply they are in deep dodo:-D ..

 

I would also stipulate in your SAR that you wish to receive a copy of the telephone call that they insist is a credit agreement, and a copy of the default notice they sent you.

 

Arguement 2.

 

They must by law under the cca section 88 send you a notice of default, they are in deep dodo.

 

Get your SAR sent of as soon as and the request for the ca.

 

All correspondence sent recorded delivery and keep copies of everything. Ensure your signature is noticably different to your original, just incase it happens to pop up on a credit agreement you have never seen before (perish the thought)

 

Once you have all the info you then put the account into dispute and challange them for everything, including reclaiming back penality charges and just check they did not apply payment protection insurance, you did not agree to

[hellhasnofury]

Hello pt,

 

You must type faster than me:D At least I am singing from the same hymm book:D

[pt2537]

Hello pt,

 

You must type faster than me:D At least I am singing from the same hymm book:D

 

Hi hellhasnofury

 

 

No problems, as you said we are both singing of the same hymn sheet so thats all that matters;)

[The GodMother]

The law according to littlewoods is always fun to read.

 

I am having fun with these idiots over an abound account now known as additions direct.

 

Chrissi

[Caz1974]

Don...Good luck and keep at them.

You'll end up feeling like you're banging your head against a brick wall with these ( I do )

But keep at it!

[dpick]

Hi don4071 just a bit of info you may start getting letters from NDR re none payment/arrears they are just in house collections dept of Littlewoods. In fact when I rang NDR to tell them no agreement no pay the lady on the phone said I will just pass you to lady who is dealing with your claim she is at the next desk, when I asked her name she gave me it and as I had my file with me with my Littlewoods letter admitting no agreement they will not pursue I noticed same name. I said oh it was you signed the letter admitting no agreement she said thats correct I am dealing with your complaint, BUT I rang NDR she just said yes next desk. So NDR and Littlewoods collections dept are in same room.

 

all the best dpick:)

[Don4071]

Thanks to all for words of encouragement and advice....It would be nice to know if anyone has actually been successful in having their default notice removed by Littlewoods!!

 

Is there a template letter I can use and send to Littlewoods asking for:-

 

Copy of CCA

Statement

& that makes reference to if the default includes charges for missing payment, non paid dd's etc, I will be requesting for default to be removed??

 

Or...

 

Do I need to send 2 seperate letters, one relating to a CCA request, with another being for the SAR?

 

Thanks very much

[The GodMother]

yes you will need to send 2 seperate letters but you can combine payment.

[Don4071]

thank you

[Caz1974]

I've not seen anyone sucessfully remove a Littlewoods default yet ( but I may be wrong and might have missed the odd thread ).

But I know there's some good battles going on at the minute so you never know one of us might be successful:D

[The GodMother]

yep i hope one of us will be.

 

I will be going for the removal of data.

Chrissi

[pt2537]

Well, you may have something to work on soon cause im 14 days away from issuing proceedings against littlewoods,

 

now im not going for repayment of all monies paid or the interest, ive stated many times that i feel such an action would surely fail

 

however, i am looking to ask the court for a declaration under s142(1) CCA 1974

 

this will on my understanding ,discharge me from the contract,

 

give me 14 days or so and we will see what happens

[The GodMother]

I just wish they would get there butts moving with me.

 

I have been waiting since october 2007 for them to get back to me over the no compliant CCA.

 

They can still send me statements adding charges and interest but they cant sent me a valid cca.

 

Well they are digging them selfs a hole which will be hard for them to climb out of.

 

any advise on what l should do now.

 

Chrissi

[Don4071]

Hello....just so I can keep track I'm sending off this ltr today

 

After recently obtaining a copy of my credit file from Equifax I was concerned to note that Shop Direct Financial Services has placed a "Default" notice against my name, dated December 2003 for £xxx at the above address

 

Further to this I never received such a notice, and I therefore require you to substantiate this data at your earliest convenience.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account.

2. You must supply me with a signed true and certified copy of the original default notice[/font]

3. Any deed of assignment if the debt was sold on

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated[/font]

Why would I be doing a S.A.R - (Subject Access Request) also? Given that in Para #1 of this ltr I'm requesting a Statment of Account, this should be a complete list of transactions and charges - should it? (unless I've misunderstood this line). Would it be to verify if any manual intervention was done by them?

 

Thnaks

[Caz1974]

Tricky question Don.

But a S.A.R. is something that's legally binding and is always good to have in your file for your records.

They could always withold your request and demand the £10 fee for data if it's not sent in the proper manner but it's totally up to you