littlewoods account Help please !

[bones01]

hi

thats freat am doing the charges tonight so should have ready on spreadsheet

 

i cannot remember ever asking for the extra care insurance , i think it was just addes on, so dont really think while i was off on maternity etc it should of been on there

xx

[bones01]

bump would any one here be able to help me with a letter for insurance that was mis sold /ppi & claiming my admin charges back for my littlewoods account or should i put a thread on the ppi section ?

thanks

[legalpickle]

bump would any one here be able to help me with a letter for insurance that was mis sold /ppi & claiming my admin charges back for my littlewoods account or should i put a thread on the ppi section ?

thanks

Bones: I can deal with the insurance aspect of the letter. I'm waiting for you to break down the charges in a spreadsheet and then will do that part of the letter for you, and leave a space for the other paragraphs relating to the default charges. If nobody responds when I've done that part of the letter, I'll call in the cavalry. At the moment the ball's in your court.

[bones01]

sorry i took it as i was trying to get some one to point me in the direction of a letter sorry

 

Hope tis is right what i have done , spent ages last night doing it ha ha

The admin charges are late fees as stated in the sar

the insurance is something i think they added on just when they felt like it for cover for a freezer i bought , which never asked for

and the xtra care is what i am led to believe is some kind of insurance against your things getting ruined which have got no idea i ever had or had until now , plus in a recent letter telling me that i am now in default etc , they state that my account is no longer active and my extra insurance is no void ?????????? what ?!

here goes any way

26/04/2003insurance charge£7£883.1424/05/2003insurance charge£721/06/2003insurance charge6.7519/07/2003insurance charge7.7513/09/2003insurance charge9.6506/12/2003insurance charge8.1911/10/2004insurance charge13.1608/11/2004insurance charge12.7117/12/2004insurance charge21.8 30/07/04insurance charge25.6606/11/2004administration charge1029/01/2005administration charge1029/01/2005administration charge1523/04/2005administration charge1018/06/2005administration charge1010/09/2005administration charge1010/09/2005administration charge1515/09/2005administration charge528/01/2006administration charge1021/11/2006administration charge1516/03/2007administration charge1224/03/2007administration charge1216/06/2007administration charge1207/08/2007administration charge1007/08/2007administration charge511/08/2007administration charge1206/09/2007administration charge1008/09/2007administration charge519/09/2007administration charge506/10/2007administration charge1206/10/2007administration charge506/11/2007administration charge1201/12/2007administration charge518/12/2007administration charge1226/01/2008administration charge1205/02/2008administration charge1223/02/2008administration charge1204/03/2008administration charge1204/03/2008debt collection letter1222/03/2008administration charge1201/04/2008collections charge 10.801/04/2008administration charge1217/05/2008administration charge1204/06/2008administration charge1214/06/2008administration charge1212/07/2008administration charge0.0112/07/2008administration charge509/08/2008administration charge1209/08/2008administration charge518/08/2008administration charge518/08/2008administration charge1224/01/2009administration charge1202/02/2009administration charge1221/02/2009administration charge1201/05/1999extra care insurance0.2729/05/1999extra care insurance0.2728/06/1999extra care insurance0.2118/09/1999extra care insurance1.1916/10/1999extra care insurance2.2213/11/1999extra care insurance1.8411/12/1999extra care insurance0.8508/01/2000extra care insurance2.5129/04/2000extra care insurance2.5129/04/2000extra care insurance7.5227/05/2000extra care insurance8.1226/06/2000extra care insurance10.6722/07/2000extra care insurance10.0321/08/2000extra care insurance9.6108/12/2001extra care insurance8.6205/01/2002extra care insurance5.9302/02/2002extra care insurance7.8530/03/2002extra care insurance7.7727/04/2002extra care insurance8.325/05/2002extra care insurance10.4522/06/2002extra care insurance8.620/07/2002extra care insurance9.6717/08/2002extra care insurance8.6914/09/2002extra care insurance712/10/2002extra care insurance7.5909/11/2002extra care insurance6.9107/12/2002extra care insurance7.4504/01/2003extra care insurance10.701/02/2003extra care insurance9.0101/03/2003extra care insurance8.3429/03/2003extra care insurance8.0326/04/2003extra care insurance7.0124/05/2003extra care insurance7.1221/06/2003extra care insurance6.7519/07/2003extra care insurance7.7516/08/2003extra care insurance9.6513/09/2003extra care insurance8.1911/10/2003extra care insurance13.1608/11/2003extra care insurance12.7106/12/2003extra care insurance21.803/01/2004extra care insurance25.66

 

 

let me know if need to adapt any or split it up in to different letters for each charges .

Or if i need to locate anything else from the sar

 

thanks again you really are a star

x

[legalpickle]

sorry i took it as i was trying to get some one to point me in the direction of a letter sorry

 

Hope tis is right what i have done , spent ages last night doing it ha ha

The admin charges are late fees as stated in the sar

the insurance is something i think they added on just when they felt like it for cover for a freezer i bought , which never asked for

and the xtra care is what i am led to believe is some kind of insurance against your things getting ruined which have got no idea i ever had or had until now , plus in a recent letter telling me that i am now in default etc , they state that my account is no longer active and my extra insurance is no void ?????????? what ?!

here goes any way

26/04/2003insurance charge£7£883.1424/05/2003insurance charge£721/06/2003insurance charge6.7519/07/2003insurance charge7.7513/09/2003insurance charge9.6506/12/2003insurance charge8.1911/10/2004insurance charge13.1608/11/2004insurance charge12.7117/12/2004insurance charge21.8 30/07/04insurance charge25.6606/11/2004administration charge1029/01/2005administration charge1029/01/2005administration charge1523/04/2005administration charge1018/06/2005administration charge1010/09/2005administration charge1010/09/2005administration charge1515/09/2005administration charge528/01/2006administration charge1021/11/2006administration charge1516/03/2007administration charge1224/03/2007administration charge1216/06/2007administration charge1207/08/2007administration charge1007/08/2007administration charge511/08/2007administration charge1206/09/2007administration charge1008/09/2007administration charge519/09/2007administration charge506/10/2007administration charge1206/10/2007administration charge506/11/2007administration charge1201/12/2007administration charge518/12/2007administration charge1226/01/2008administration charge1205/02/2008administration charge1223/02/2008administration charge1204/03/2008administration charge1204/03/2008debt collection letter1222/03/2008administration charge1201/04/2008collections charge 10.801/04/2008administration charge1217/05/2008administration charge1204/06/2008administration charge1214/06/2008administration charge1212/07/2008administration charge0.0112/07/2008administration charge509/08/2008administration charge1209/08/2008administration charge518/08/2008administration charge518/08/2008administration charge1224/01/2009administration charge1202/02/2009administration charge1221/02/2009administration charge1201/05/1999extra care insurance0.2729/05/1999extra care insurance0.2728/06/1999extra care insurance0.2118/09/1999extra care insurance1.1916/10/1999extra care insurance2.2213/11/1999extra care insurance1.8411/12/1999extra care insurance0.8508/01/2000extra care insurance2.5129/04/2000extra care insurance2.5129/04/2000extra care insurance7.5227/05/2000extra care insurance8.1226/06/2000extra care insurance10.6722/07/2000extra care insurance10.0321/08/2000extra care insurance9.6108/12/2001extra care insurance8.6205/01/2002extra care insurance5.9302/02/2002extra care insurance7.8530/03/2002extra care insurance7.7727/04/2002extra care insurance8.325/05/2002extra care insurance10.4522/06/2002extra care insurance8.620/07/2002extra care insurance9.6717/08/2002extra care insurance8.6914/09/2002extra care insurance712/10/2002extra care insurance7.5909/11/2002extra care insurance6.9107/12/2002extra care insurance7.4504/01/2003extra care insurance10.701/02/2003extra care insurance9.0101/03/2003extra care insurance8.3429/03/2003extra care insurance8.0326/04/2003extra care insurance7.0124/05/2003extra care insurance7.1221/06/2003extra care insurance6.7519/07/2003extra care insurance7.7516/08/2003extra care insurance9.6513/09/2003extra care insurance8.1911/10/2003extra care insurance13.1608/11/2003extra care insurance12.7106/12/2003extra care insurance21.803/01/2004extra care insurance25.66

 

 

let me know if need to adapt any or split it up in to different letters for each charges .

Or if i need to locate anything else from the sar

 

thanks again you really are a star

x

Ok.

 

Can you put it into a spreadsheet and attach the spreadsheet to a post here please? It will be much easier to work with.

[bones01]

i have got it in a spreadsheet on excel but there is no little paper clip for me to attatch can you advise me how to do this please

[legalpickle]

i have got it in a spreadsheet on excel but there is no little paper clip for me to attatch can you advise me how to do this please

There should be a "manage attachments" button below the first submit button when you post, but it's not there. I'll PM a mod for you to get it fixed. Keep checking back.

[bones01]

thanks , thought we were going blind

will check again in twenty

[legalpickle]

thanks , thought we were going blind

will check again in twenty

 

My computer stopped working, so I've just logged into Safe Mode to try and fix the problems. I think it's going to be a reformat tomorrow! I've just PM'd slick132 to ask him to sort it.

[bones01]

still nothing there , presume not been fixed yet , will try again tomorrow see if can add it then ,

thanks

[slick132]

Looking into this for you.

 

[slick132]

Attachments should now be enabled using the paperclip jobby.

 

[legalpickle]

Attachments should now be enabled using the paperclip jobby.

 

Ta.

[bones01]

I think i've managed to do it now thanks for your help

Please let me know what you think

[legalpickle]

I think i've managed to do it now thanks for your help

Please let me know what you think

I'm making it a bit more organized. You cannot claim charges that are more than 6 years old under the Limitation Act 1980 so quite a bit of the Extra Care Insurance payments won't be claimable. I'll split them into two sheets. In the first letter you can threaten to claim them, but if you take them to Court then you can't claim them.

 

Remind me again, you sent them a CCA request and they didn't comply, right? I'll post again later today, all being well.

[bones01]

hi thanks for thois .

I sent cca and they replied saying they could not locate my agreement and that they sent me an updated onr for reference and no cca came with sar either

thank s will check back tomorrow

[legalpickle]

hi thanks for thois .

I sent cca and they replied saying they could not locate my agreement and that they sent me an updated onr for reference and no cca came with sar either

thank s will check back tomorrow

You say "they sent me an updated onr for reference", was this updated one signed by you?

[bones01]

no there was no signiture at all that came from them just a blank form

[legalpickle]

no there was no signiture at all that came from them just a blank form

Ok. Sorry about the delay, a few unexpected matters cropped up.

 

I've attached the modified spreadsheet and will post the letter up tomorrow dated for Monday. I think I should be Ok with the whole letter as the basis of the charges can be purely on the basis that the agreement is unenforceable rather than any other claim. And if any other claim is necessary it can be added into any Particulars of Claim should you issue proceedings.

 

There are two sheets in the charges. The first sheet is "ForLetter" which includes all charges, and this is the sheet that should be sent with the letter. The second sheet is "ForCourtAction" which excludes any charges that are more than 6 years old. Do not send the "ForCourtAction" sheet with the letter before action.

 

You can switch between the tabs at the bottom of Excel.

LittlewoodsCharges.xls

[bones01]

thanknyou so so much x

[legalpickle]

Send the below letter by Royal Mail Special Delivery to the registered office - get it from

Companies House (click Webcheck on the right hand side) - of the company on the blank agreement they sent to you.

 

[Do not send by Recorded Delivery, only Special Delivery.]

30th March 2009

Dear Sirs,

 

FINAL LETTER BEFORE LEGAL ACTION

Re: Account Number: .....

 

I write further to the above matter. The aforementioned account is officially in dispute. You therefore have no rights to try to enforce the alleged debt as I deny it's existence.

 

This is due to the fact that you have admitted in your letter dated 16th March 2009 that you cannot comply with my disclosure request in accordance with s77 of the Consumer Credit Act 1974 as you do not hold a legally enforceable signed and valid Consumer Credit Agreement between myself and yourselves.

 

You are not lawfully allowed to register any information with any third parties, including Credit Reference Agencies, and should you have done so I demand it to be removed. If it is not removed, or you decide to register such information, a complaint will be lodged with the Information Commissioners Office and court proceedings may be initiated.

 

As you are no doubt aware, s77(6) of the Consumer Credit Act 1974 states:

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

Consequently any legal action you may decide to pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore, I shall counterclaim that such constitutes unlawful harrassment.

 

Please be advised that you should consider this letter as a statutory notice under s10 of the Data Protection Act to cease processing any data relating to myself with immediate effect. This means that you must remove all information regarding this account from your own internal records and from my records with any 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 to simply state that you have "legal right"; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days, I expect that this means you agree to remove all such data.

 

In addition considering the agreement is unlawful and I dispute ever entering into such an agreement with yourselves, as well as the fact that I never entered into any insurance contracts with yourselves I am demanding a full refund of the unlawful fees paid as per the attached schedule totalling £883.14 within 21 days. Should this refund not be made I will be issuing court action to recover this amount.

 

Sincerely,

 

bones01

[slick132]

Hi LP,

 

As you are no doubt aware, s77(6) of the Consumer Credit Act 1974 states:

 

Should that not be ...... s.78(6) of the CCA ......

 

[legalpickle]

Hi LP,

 

 

 

Should that not be ...... s.78(6) of the CCA ......

 

Yup. My mistake, sorry. Thanks for correcting me.

 

bones01: Here is an amended letter, I have added one small point besides for rectifying the small - but very relevant - error that Slick pointed out.

 

Don't sign the letter - there's no need.

 

30th March 2009

Dear Sirs,

 

FINAL LETTER BEFORE LEGAL ACTION

Re: Account Number: .....

 

I write further to the above matter. The aforementioned account is officially in dispute. You therefore have no rights to try to enforce the alleged debt as I deny it's existence.

 

This is due to the fact that you have admitted in your letter dated 16th March 2009 that you cannot comply with my disclosure request in accordance with s77 of the Consumer Credit Act 1974 as you do not hold a legally enforceable signed and valid Consumer Credit Agreement between myself and yourselves.

 

Due to your admission that no valid signed agreement exists, enforcement action under s127 (and subsections) of the Consumer Credit Act 1974 is impossible.

 

You are not lawfully allowed to register any information with any third parties, including Credit Reference Agencies, and should you have done so I demand it to be removed. If it is not removed, or you decide to register such information, a complaint will be lodged with the Information Commissioners Office and court proceedings may be initiated.

 

As you are no doubt aware, s78(6) of the Consumer Credit Act 1974 states:

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

Consequently any legal action you may decide to pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore, I shall counterclaim that such constitutes unlawful harrassment.

 

Please be advised that you should consider this letter as a statutory notice under s10 of the Data Protection Act to cease processing any data relating to myself with immediate effect. This means that you must remove all information regarding this account from your own internal records and from my records with any 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 to simply state that you have "legal right"; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days, I expect that this means you agree to remove all such data.

 

In addition considering the agreement is unlawful and I dispute ever entering into such an agreement with yourselves, as well as the fact that I never entered into any insurance contracts with yourselves I am demanding a full refund of the unlawful fees paid as per the attached schedule totalling £883.14 within 21 days. Should this refund not be made I will be issuing court action to recover this amount.

 

Sincerely,

 

bones01

[bones01]

Thanks Thanks Thanks

[legalpickle]

Thanks Thanks Thanks

No problemo, No problemo, No problemo