Littlewoods refusing to do things in writing

[deathbycrayons]

My husband's debt with littlewoods hasn't yet been passed to a DCA, but littlewoods are phoning about 3 times a day. We've sent them a letter with an offer of token payment (£1) and asked them not to contact us by phone again, quoting section 40 etc.

 

They are still ringing and my husband told them that he'd equested that they do not phone, and do everything in writing, they acknowledged this but refuse to do everything in writing as apparently it will "incur more charges". WTF??

 

So shall we just ignore this and keep doing everything in writing anyway and if they carry on phoning, then threaten to take them to court for harrassment? As we refuse to do anything unless it's in writing as we intend to keep a record of everything.

[debt4get]

do not speak to them on the phone EVER have you sent a request for a consumer credit agreement because if not do so straight away, littlewoods are notorious for not having a legal agreement and often cannot supply and therefore cannot enforce payment or judgement, if they do ring put the phone on the table and walk away or refuse to answer there stupid security questions, I normally tell em that the only security question I will answer is one that is not in the public domain such as what is my favorite colour or meal.. this usually confuses them enough to go away. good luck

[version302003]

I know it cost £3.90 a month but I use BT's choose to refuse to block the numbers. It has been a godsend to be honest. If you can afford more try the true call unit recommended by cag here The Consumer Forums - Announcements in Forum : Debt Collection Industry

[babybear39]

You need to CCA them using letter N from here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Also send them this letter:

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

 

Yours faithfully,

 

Amend both to suit, send recorded, print your name do not sign it, keep copies of your letters with your postal reciept, use a £1 postal order for the fee for the CCA request and keep a copy of the serial number to check if it's been cashed.

[debt4get]

oh and I forgot if they do write and charge you, then do the same to them so if you write to them charge them the same fee as they charge you

[mr.ton]

I used to do that all the time with Moorcroft & Westcot.

They would charge £12 (i think it was?) added on to the balance of the debt.

I would write back deducting £12 off the balance

[deathbycrayons]

I used to do that all the time with Moorcroft & Westcot.

They would charge £12 (i think it was?) added on to the balance of the debt.

I would write back deducting £12 off the balance

 

Did it work?

[mr.ton]

Did it work?

 

Well whatever i owed them was never repaid & they never took any of the actions they threatened me with..so in effect yes

[deathbycrayons]

Can Littlewoods come and take back what we've bought from them if we dispute the debt or only pay £1 a month?

[cerberusalert]

No they can't.

[deathbycrayons]

Why not? Just incase they threaten to, I need grounds on which to be able to tell them that they cant

[cerberusalert]

For anyone to come into your property they would need a court warrant & be a registered bailiff. Besides, they want money not the goods back. Don't worry it will never happen.

[debt4get]

I agree for them to come and take back what are now second hand goods would not be worth their while, plus as previous poster states they would need a court order and bailiffs neither of which they can get without a signed cca which littlewoods never seem to be able to produce stop worrying

[deathbycrayons]

Good, I was just worried they'd come and take my daughter's cot which we'd bought from them. Thank you

[bazaar]

Good, I was just worried they'd come and take my daughter's cot which we'd bought from them. Thank you

 

You could always promise to send it back to them after she has grown out of it:D

[deathbycrayons]

LOL, I might be tempted to if I weren't due to pop again in July

[deathbycrayons]

My husband just got into a long conversation with them over the phone - basically about the phonecalls and asking for them to stop. They are saying that they didn't receive the letter asking them to stop the phonecalls, (quoting all the neccessary legal stuff) I know it's been signed for though.

 

They basically said that no matter what we ask them, that they will continue to phone, and she told him that they will not deal with the debt in any other way.

 

Can they do this?? They are lying about the letter being received, lying about being able to call whenever they want (5 times a day, sometimes at 7am) and legally can they insist that the debt only be dealt with over the phone?

 

My husband, who is not at all good on the phone, nearly caved and started talking about repayment options untill I shouted at him.

 

I'm thinking, they would say all of this bollocks to scare him wouldn't they?!

[cerberusalert]

legally can they insist that the debt only be dealt with over the phone?

 

No they can't, they are frightened of leaving a paper trail. Report them to Trading Standards and the OFT.

 

In future please please do not talk to them on the 'phone. If they ring up just hang up on them. Remember they very nearly won and got what they wanted this time, next time you might not be so lucky.

[debt4get]

what I do if they ring up is say "one moment please" I put the phone on the table and walk away.... theyll soon realise its costing them a fortune to talk to "dead air" they normally give up ringing after a few times of doing this

and remember what the previous poster said report em to trading standards and the oft

[deathbycrayons]

They told my husband that they charge HIM for every phonecall they make to us!!

[debt4get]

tell em in writing that everytime they charge you for the phone call you will charge them for time you spend answering it, at the same rate they charge you

but seriously take no notice of them its all scare tactics to get you to part with money, they can add as much as they like to the bill, without a valid cca they have absolutely no chance of collecting it...

also make sure you send/or have sent the harassment by phone letter these people are in breach of the Communications Act (2003) s.127 and you need to report them to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that they may be liable for a substantial fine.

they cannot be allowed to treat you like this, if you have call id I wouldnt even answer the phone just let it ring... report them now..

[debt4get]

if you are still concerned have a look at this thread and especially the letters sent by diskmandave these are excellent at getting these people to stop ringing

link is here

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/99376-telephone-harassment-action-plan.html

[deathbycrayons]

Thanks everybody, I've made a complaint online to Ofcom and will also be putting it in writing. Also I'm now on the website for the OFT and it's directed me to 'consumer direct' is this the right one?

[cerberusalert]

Yes, it'll probably direct you to TS too.

[the_shadow]

They told my husband that they charge HIM for every phonecall they make to us!!

 

 

haha well if ever there was a clear incentive not to pick up the phone to them its that... if they charge to speak to you... dont talk to them:D:D:D:D:D