Littlewoods/Moorcroft/NDR v Havinastella

[havinastella]

Long story, Mrs got into trouble, debt to Moorcroft in Dec 2006. £600+ owed, she rang and made arrangements to pay £30 a month and has been doing so, Moorcroft asked for increase in payment to £35 a few months ago, Mrs agreed no problem. Not missed a payment.

 

Since the debt was passed to Moorcroft, Littlewoods have sent her a statement every month, saying that she has not paid them and added charges. She has rang them more than 30 times explaining the situation, has been promised that it will be sorted, and continued to get next months statement with charges. Last week, she received a letter from NDR asking for £900+ for this account when there is only £175 left to Moorcroft. She rang NDR who said they will look into it, not had a return call, but Monday another "statement" with £17 added.

 

Now normally we pay our debts, BUT I am so peed off with this whole episode I have talked the Mrs into not paying another penny more until they (Moorcroft can show a CCA) We have sent a standard CCA to NDR to see if they have one, but it seems as we have paid Moorcroft most of the money owed we'll need a slightly amended letter to them explaining why we have stopped paying (or will stop paying) if they have no CCA. I would also like to add the text found in a few other letters claiming back the money paid as there was no debt to collect.

 

In addition to this, I have decided to hound Littlewoods for all the fees charged to the account and will be sending the standard S.A.R tomorrow.

 

Any help with the moorcroft letter would be greatfully received.

 

Jogs

[havinastella]

Shop Direct Financial Services Limited

Aintree Innovation Center

Park Lane

Netherton

Bootle

L30 1SL

 

Also, is this the address to send the S.A.R. too?

 

Many thanks

 

Jogs

[pt2537]

Hi there,

 

thats the correct address to use

 

incidently have a read of my thread with these people, it should give you an idea as to what to expect from them and how they can be dealt with;)

 

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

 

 

regards

paul

[havinastella]

Thanks Paul, I have been reading most of the threads on here, I found yours superb reading

 

Looks like you have come a long way since asking that first question!

[The GodMother]

Something tells me this is against OFT guidelines.

 

I would contact your local Trading Standards and see what they can do to help you. Failing that l would contact the OFT.

 

See what happens bout the CCA requests and the SAR request for now tho.

[havinastella]

Thanks for the replies!

 

NOW I have a problem, we only owe Littlewoods £150 via Moorcroft (NDR can swiviel as we have proof that we have paid sum owed)

 

If we ask for CCA and it'd not forwarded we get £150 off the debt owed!

 

If we ask for the S.A.R. we reckon that they will owe us nearly £1000.

 

Should we wait for the statements, and if they prove they owe more than we owe them, accept that without the CCA, they are still in the right, altho we'll get it back on the refund of unfair costs?

 

May be a bit fuzzy as I have been out tonight

 

Jogs

[The GodMother]

CCA them

 

I can say that at least 90% of the threads on here, well the ones i have read including PT and mine, they have nothing.

 

Moorcroft wont accept that as a reason not to pay but dont worry we can help with these parasites.

 

What u need to do is CCA Moorcroft. They should then pass it on to Littlewoods who should either send you the document directly or send it to Morcroft who will send it to you.

 

A SAR will need to be sent to Littlewoods directly.

 

Paul I think we need to find the SAR requests again. They have gone missing since the DCAs tryed to stop us from operating a few weeks ago.

 

you will also need letter N from these templates http://www.consumeractiongroup.c o....templates.html

 

DONT SIGN THE LETTER, just type your name. dont worry it is legal then get a £1.00 postal order and send the letter and the po buy at least recorded delivery to moorcroft. U will need proof they got the letter later.

[dpick]

Hi I think that it would also be a good idea to send S.A.R - (Subject Access Request) to morecroft as this should give you proof that you have made payments to them. Also how did you pay morecroft by bank etc see if you can trace payments that way. Problem would appear to be that info on payments is not passing between morecrap and Littlewoods. Of course this could be accidentally on purpose.

 

all the best dpick:)

[pt2537]

Thanks for the replies!

 

NOW I have a problem, we only owe Littlewoods £150 via Moorcroft (NDR can swiviel as we have proof that we have paid sum owed)

 

If we ask for CCA and it'd not forwarded we get £150 off the debt owed!

 

If we ask for the S.A.R. we reckon that they will owe us nearly £1000.

 

Should we wait for the statements, and if they prove they owe more than we owe them, accept that without the CCA, they are still in the right, altho we'll get it back on the refund of unfair costs?

 

May be a bit fuzzy as I have been out tonight

 

Jogs

 

Ok

 

well if the level of charges is that high, then the logical thing to do is to SAR them

 

then total up the amount of charges and send them a letter requesting repayment

 

 

To deal with moorcroft and get the account transferred back to littlewoods i would send moorcroft a CCA request. that will also get them off your back as they should cease all collection activity while investigating the "dispute" youve raised by CCA' ing them

 

 

I would most certainly go for the reclaiming of the charges especially if they are over £1000 compared with a balance of £150

[citizenB]

 

Paul I think we need to find the SAR requests again. They have gone missing since the DCAs tryed to stop us from operating a few weeks ago.

 

 

Godmother, on what grounds did the DCAs try to stop CAG from operating. Is there a thread for this please ?

[pt2537]

ERm yeah good point, i am unaware of any DCA trying to stop us operating

[sosumi]

Long story, Mrs got into trouble, debt to Moorcroft in Dec 2006. £600+ owed, she rang and made arrangements to pay £30 a month and has been doing so, Moorcroft asked for increase in payment to £35 a few months ago, Mrs agreed no problem. Not missed a payment.

 

Since the debt was passed to Moorcroft, Littlewoods have sent her a statement every month, saying that she has not paid them and added charges. She has rang them more than 30 times explaining the situation, has been promised that it will be sorted, and continued to get next months statement with charges. Last week, she received a letter from NDR asking for £900+ for this account when there is only £175 left to Moorcroft. She rang NDR who said they will look into it, not had a return call, but Monday another "statement" with £17 added.

 

Now normally we pay our debts, BUT I am so peed off with this whole episode I have talked the Mrs into not paying another penny more until they (Moorcroft can show a CCA) We have sent a standard CCA to NDR to see if they have one, but it seems as we have paid Moorcroft most of the money owed we'll need a slightly amended letter to them explaining why we have stopped paying (or will stop paying) if they have no CCA. I would also like to add the text found in a few other letters claiming back the money paid as there was no debt to collect.

 

In addition to this, I have decided to hound Littlewoods for all the fees charged to the account and will be sending the standard S.A.R tomorrow.

 

Any help with the moorcroft letter would be greatfully received.

 

Jogs

HaStella, did you ever receive a Deed of Assignment from Moorcroft regarding this? It sounds like Littlewoods didn't appoint them at all! ?

[The GodMother]

Well it was when we had the site crashes about a month ago.

 

It was said by someone that the site had had a problem because of DCAs. I cant remember where i read it as the site was rather ristricted but l could allways try and track it down.

 

I will see what i can do. I cant remember all the threads i was reading at the time and i cant find some of the threads l was reading.

 

It may have been said as a joke and l just did not get it or miss read it.

[havinastella]

Susomi, thats like asking how long is a piece of string!

 

Like everyone else, we owed the money and made arrangements to pay it. Had no idea about CCA etc!

 

With this one, I may just pay the balance owed and then claim back all the charges. No point disputing ownership of the debt with only £150 left on it!

 

Have sent the S.A.R to littlewoods today which will show they owe me a lot more than I owe them!

 

Thanks for everyones input!

[sosumi]

This worries me, HAStella. Have Littlewoods acknowledged Moorcrofts at all - ever?

We had a letter from another DCA, who disappeared when we sent them a CCA request plus request for their Complaints Procedure. If Littlewoods have ignored the payments you made to Moorcroft, could it be that they never actually gave them the account?

This DCA I'm talking about - well, he could have got the details from our Credit Reference Files, then typed that at the top of the letter with a demand to pay... ??

You really really need to investigate Moorcroft's involvement, IMO - they have your money but did they have any right to ask for it in the first place? Because if they didn't, THEY owe YOU!! As everyone's saying, CCA and S.A.R - (Subject Access Request) them stat!!

[havinastella]

well, well well.

 

We sent the CCA to NDR on 5th March, nothing at all sent to Moorcroft as we HAD decided to pay the amount owed and claim back the charges.

 

So what do we get today, a letter from Moorcroft (pre court division) Notice of Intended Litigation.

 

Mrs has rung and asked why she has this letter as all payments are up to date and the idiot on the phone had no idea.

 

Maybe it's because NDR and Moorcroft are connected in some way

 

Sosumi, Littlewoods have definately passed the debt to Moorcroft, in fact they have also passed to NDR Not sure what route to take now, anyone up for some fun?

[The GodMother]

depends on the fun?

 

CCA both companys NDR and MOORCROFT

[havinastella]

got a reply from Littlewoods finance dated 22/03/08, surprising as we only contacted NDR, (copy of what we would have signed etc)

 

They are unable to locate agreement and quote outstanding balance of £752.17 Arrears £726.29 payments in the last 12 months NIL.

 

Now as we have paid Moorcroft more than £500 and only have £140.17 left it's nice to know that this company still has no idea whats going on!

 

We have decided to pay up the debt as its nearly paid and will start reclaim charges which total nearly £1000!

 

Jogs

[The GodMother]

do u have proof of these payments and proof of what you are paying the debt for?

 

If so i would sent a copy of the proof of what u are paying the debt for to Littlewoods and ask them to investigate.

[havinastella]

Ok, How's this?

 

Monday, 28 April 2008

Littlewoods Finance Company Ltd

Aintree Innovation Centre

Park Lane

Netherton,

Bootle

L30 1SL

 

Dear Sir or Madam

 

Account Number x x x x x x x x

 

I note from my records that your company passed a debt that you allege I owe, to Moorcroft Debt Recovery Ltd, Ref : xxxxxxxxxxxxx (xxxxxx) sometime before 04/01/07.

 

Moorcroft contacted me to arrange payments for this debt and in my confusion I arranged to pay them £30 a month, with the first instalment before 08/02/07. Payments were made on this alleged debt until December 2007 when Moorcroft asked for payments to be raised to £35, which I agreed and paid up to April 2008.

 

All through these payments, your inept, incompetent and inefficient Company has had no idea that you had passed the debt on and have been continuing to add late payment charges and penalty charges. Despite phoning your Company on more than 40 occasions and asking for someone to look in to this problem, it has escalated and incredulously you have now passed this account to NDR, Ref : xxxxxxxxxxxx.

 

With regard to the documents that you sent me in relation to my request for information under the Consumer Credit Act 1974,(copy enclosed for easy reference) I am still waiting for the signed executed agreement. You seem to have sent me an application form and a somewhat recent copy of your terms and conditions and a very recent copy of an agreement form unsigned by anyone. I’m sure this must be an oversight, so I will ask you again for the proper documents.

I draw your attention to section 61 of the consumer credit act 1974 (an excerpt enclosed for your perusal) in that

“(1) A regulated agreement is not properly executed unless a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner.”

Be also advised that your statutory time period has elapsed and YOU are now in default and very shortly you will have committed a criminal offence. As you are now in default NO further action can be taken on this account until such a time as the original SIGNED EXECUTED documents are made available to me.

This account is still in dispute and I still forbid the passing of any data to third parties, if any data has been processed illegally since my last request I shall take appropriate action.

Further if you cannot supply the proper documents and you have entered any defaults against my name I require that you remove them immediately.

I also understand that under the Act, due to your failure to comply with my statutory request you or any acting agent are unable to enforce an agreement therefore I am ceasing any further payments forthwith and will seek to recover any payments made to date, my calculations show £510.

 

Data Protection Act (Data Protection Act 1998

 

Furthermore under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

 

 

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

[havinastella]

Above letter sent 29/04/08

[havinastella]

Update

 

Another copy of exactly the same letter dated 22/03/08, this time dated 26/04/08 Arrears have gone up from £752.17 to £776.17. Unable to locate copy of CCA and blank agreement attached.

 

Received letter dated 13/05/08 (From Littlewoods Finance L72 1LQ)

 

Dear Miss x x x x x x

 

 

Further to your letter of 29/04/08 concerning your complaint in relation to your sighed credit agreement, we will contact you once a full investigation of your concerns has been made.

 

In the interests of improving the service we offer to our customers, all complaints received are taken very seriously and a full investigation is always carried out.

 

Please find enclosed our Financial complaints procedure leaflet.

 

Thank you for bringing this matter to our attention.

 

Yours sincerely

 

FOLLOWED this morning by (From Shop direct Bolton, BL6 6AX) Dated 14/05/08

 

Dear Miss x x x x xx x x x

 

With reference to your recent letter, I can confirm that we will not be pursuing the above account for the outstanding balance of £776.17

 

As this debt remains unsatisfied this will be noted on our internal file for future reference.

 

This information will also form part of your records at the Credit Reference Agencies where we share information. This information will remain on your Credit Reference File for 6 Years.

 

If you are charged interest on your account, any future interest charges will no longer be applied.

 

 

 

 

Edited May 19, 2008 by havinastella

[havinastella]

Now my questions

1) Shall I let Complaints management team conclude their investigation as I take it that as the letters are from two different locations, these people are still not talking to one another?

 

2)THEY cannot share information with the Credit Agencies as there is no agreement, So I complain to WHO?

 

3) I take it I have to write to these people again telling them that unless they remove all information to CRA, I'll have to get it done in court?

 

*goes to reads Paul's thread again*

 

Many thanks

 

Jogs

[dpick]

Now my questions

1) Shall I let Complaints management team conclude their investigation as I take it that as the letters are from two different locations, these people are still not talking to one another?

 

2)THEY cannot share information with the Credit Agencies as there is no agreement, So I complain to WHO?

 

3) I take it I have to write to these people again telling them that unless they remove all information to CRA, I'll have to get it done in court?

 

*goes to reads Paul's thread again*

 

Many thanks

 

Jogs

 

 

Hi again def read Paul's thread again I used his idea's against Littlewoods and at this point I have had one default removed by Littlewoods(they entered two on same account using two different departments of Littlewoods) ICO are now investigating the second default. If I do not get the result I want from ICO then on to court etc.

 

all the best with this dpick:)

[havinastella]

Thanks DP

 

Think I'll need more than luck with these people, hope someone can throw some light on this.

 

Letter received this morning dated 12/05/08 from Littlewoods Finance, Aintree Innovation Centre, Liverpool, L72 1LD

 

Dear x x x x xx x

 

We are writing to advise you that we are unable to process your recent credit/debit card payment of £10.00 as your card issuer has refused authorisation of this payment.

 

This could be for a number of reasons and your card issuer will be able to provide details if you contact them. The card issuer does not release the specific reason to us.

 

In our experience refusal to authorise a payment can be due to an incorrect expiry date, incorrect 3 digit security code or a different address being used than the records held by the card issuer.

 

 

 

NOW, we have not paid Littlewoods anything since 2006 and have no intention to pay them anything. Surely they would not have tried to take a payment on a card we have used to pay they previously, without our authorisation.

 

Anyone have a theory?

 

Jogs