Littlewoods refusing to do things in writing

[babybear39]

"May I respectfully draw your attention to Ferguson v British Gas Trading Ltd. [2009] EWCA civ 46 (10 February 2009)".

[deathbycrayons]

Perfect

[The GodMother]

You might want to change this

 

What I require

 

1. Immediate action from Shop Direct to remove all referrences to my mobile phone number from their system;

 

to my landline number of 00000000000000000000000

[deathbycrayons]

Oopsie yep, thanks for spotting that!!

[The GodMother]

No worries i have done that myself as well. It is good as it confuses them

[deathbycrayons]

FFS!!!! Stupid NDR are still sending threats and the letter before action has been sent to them. Of course, I sent it recorded but can't trace it as they never sign for them. Does this put the whole account into dispute by the way? As I've sent a letter before action (and I WILL take them to court) but they're continuing to harrass us?

[afaz]

FFS!!!! Stupid NDR are still sending threats and the letter before action has been sent to them. Of course, I sent it recorded but can't trace it as they never sign for them. Does this put the whole account into dispute by the way? As I've sent a letter before action (and I WILL take them to court) but they're continuing to harrass us?

 

Sorry to hear this is still happening to you. I'm not quite at this stage with LW yet (though they have begun calling me) so I can't offer much concrete advice.

 

It's so annoying that LW don't sign for all recorded deliveries! You may want to consider adding "Recorded Delivery" to the top of any letters sent so that those reading them will be aware you have sent through this trackable system. I imagine those who read and deal with such letters will not be the same people who sign with the postman, so adding this to the head of letters may make them slightly more inclined to deal with your letter effectively.

 

Are the calls coming to your mobile phone? If so, you could try barring the calls from Littlewoods (and possibly anonymous numbers) using settings on your handset. I've done this on my own phone - it allows the call to be registered on the calls list but immediately cancels the call so I don't even hear it ringing. But I can still find the date/time of calls on my handset.

 

Hope this may help and make you feel a bit better!

[deathbycrayons]

This is what I'm going to send the idiots. Any advice or amendments suggestions appreciated.

 

June 8th 2009

 

Dear Sirs,

ACCOUNT IN DISPUTE

Account no: XXXXXXXX

I wish to bring to your attention that I have had to exert a substantial amount of effort in trying to contact you. On numerous occasions I have written to you by Recorded Delivery and you have continued to send me standard letters pursuing the debt and threatening me with legal action.

Consequentially this has cost me a great deal of time, effort, and money. I have the necessary documents and postal receipts as evidence need this matter arise in court.

I must advise you that the account is now in serious dispute due to the fact that I am taking legal action against Shop Direct for continued harrassment by telephone, and breech of ss1&2 of the Protection from Harassment Act 1997.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the original creditor for resolution of these defaults and breaches, as you cannot lawfully pursue any enforcement activities.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

[the_shadow]

This is what I'm going to send the idiots. Any advice or amendments suggestions appreciated.

 

June 8th 2009

 

Dear Sirs,

 

 

Might be worth the expense of sending SD

 

S.

[deathbycrayons]

Yes I agree.

[Blondmusic]

If you send it by Special Delivery it HAS to be signed for. I know it is not cheap but it will be worth it when you can prove they have got it.

[deathbycrayons]

I have already had to compile all my documents and letters and photocopies of postal reciepts and send it by special delivery with a complaint to shop dircect, they wrote apologising but then went on to say they would pass it on to a DCA as they won't accept my payment of £1.

[the_shadow]

I think to be honest your going to have to bite the bullet and just send them (Littlewoods) a letter stating

 

"this is how much I can afford, I've previously provided a detailed I&E and can confirm that I will be paying £1 until my circumstances change.

 

If you proceed to litigate I'm confident I will be able to show a judge not just that this is the maximum that I can afford but also that in these times of extreme financial hardship you have chosen to be obstructive and unmoving."

 

I would send the DCA a letter stating you are dealing with the Original Creditor direct and they should contact them for an update.

 

Then just ignore everything unless they start to get heavy and legal.

 

S.

 

[deathbycrayons]

I've already sent a letter before action. This is for the harassment. Does it put the account in dispute?

[the_shadow]

I've already sent a letter before action. This is for the harassment. Does it put the account in dispute?

 

Hi deathbycrayons.. my post was referring to the fact they wont accept the £1 payments.

 

S.

[deathbycrayons]

Yes, but just need to know, is the account in dispute now based on the letters I have sent?

[bazaar]

If they wont accept any payments, then DO NOT offer any more at all.

You could be seen as accepting the debt.

They either have the correct paperwork or not. Thats it, Put up or shut up.

There is no grey area.

Now, as regards your letter to them, put on the bottom that any further letters or correspondence from you will be charged at an hourly rate of say 25.00 quid.

make sure you send an invoice with the latest letter, ( Payment terms as agreed 7 day etc.)

This is obviously a pi**ing contest, so get your paperwork ready

[babybear39]

If they wont accept any payments, then DO NOT offer any more at all.

You could be seen as accepting the debt.

They either have the correct paperwork or not. Thats it, Put up or shut up.

There is no grey area.

Now, as regards your letter to them, put on the bottom that any further letters or correspondence from you will be charged at an hourly rate of say 25.00 quid.

make sure you send an invoice with the latest letter, ( Payment terms as agreed 7 day etc.)

This is obviously a pi**ing contest, so get your paperwork ready

 

My thoughts exactly

[deathbycrayons]

If they wont accept any payments, then DO NOT offer any more at all.

You could be seen as accepting the debt.

They either have the correct paperwork or not. Thats it, Put up or shut up.

There is no grey area.

Now, as regards your letter to them, put on the bottom that any further letters or correspondence from you will be charged at an hourly rate of say 25.00 quid.

make sure you send an invoice with the latest letter, ( Payment terms as agreed 7 day etc.)

This is obviously a pi**ing contest, so get your paperwork ready

 

But I do accept the debt.. the CCA was enforceable. The account is in (possible) dispute not because of CCA non compliance, but because I have sent them a letter before action due to harrassment and having to send 4 harrassment warning letters over the past 6 months. But I need to know if this really does put the account into dispute.

[diddydicky]

you could sent it by fax (prefix your number with 141 to conceal it) and then get the fax machine to print out an audit page showing it was transmitted correctly!

[bazaar]

OK, so what do you want to achieve here?

you accepted the debt, did a judge rule the cca was enforceable?

If youve accepted the debt, then they will hassle you until you pay.

Forgive me if Ive missed something here, but IMHO I dont think an account can be disputed just for the harassment, now if theyve added illegal fees or charges, then youd have a reason to question them. So amidst all your letters regarding harassment, have you asked for full statements?

Youve already been paying 1 pound, so youre not being unreasonable asking for statements to see if they have added anything on.

Personally, if it were me, I'd send them a bill . youve got a pretty long list of phone calls and letters there, so 25 quid per letter, ( which they agreed to:)) and 10 quid per phone call.

Youre wasting far too much time on these idiots, being preggers and all.

[deathbycrayons]

OK, so what do you want to achieve here?

you accepted the debt, did a judge rule the cca was enforceable?

If youve accepted the debt, then they will hassle you until you pay.

Forgive me if Ive missed something here, but IMHO I dont think an account can be disputed just for the harassment, now if theyve added illegal fees or charges, then youd have a reason to question them. So amidst all your letters regarding harassment, have you asked for full statements?

Youve already been paying 1 pound, so youre not being unreasonable asking for statements to see if they have added anything on.

Personally, if it were me, I'd send them a bill . youve got a pretty long list of phone calls and letters there, so 25 quid per letter, ( which they agreed to:)) and 10 quid per phone call.

Youre wasting far too much time on these idiots, being preggers and all.

 

Why should I let them hassle me for payment when I have already submitted numerous offers of payments, AND been making the £1 a month payment, which is showing on statements, for them to keep writing to me and telling me that I'm ignoring them?

[deathbycrayons]

Oh and no a judge didn't rule the cca was enforceable. They sent a copy of the CCA I remember my husband signing and I uploaded it on here and it was confirmed to be enforceable.

 

What do I want to acheive? I want them to stop harassing us!!

[the_shadow]

What do I want to acheive? I want them to stop harassing us!!

 

As I've said deathbycrayons, its time to tell them to put up or shut up.

 

I think to be honest your going to have to bite the bullet and just send them (Littlewoods) a letter stating

 

"this is how much I can afford, I've previously provided a detailed I&E and can confirm that I will be paying £1 until my circumstances change.

 

If you proceed to litigate I'm confident I will be able to show a judge not just that this is the maximum that I can afford but also that in these times of extreme financial hardship you have chosen to be obstructive and unmoving."

 

I would send the DCA a letter stating you are dealing with the Original Creditor direct and they should contact them for an update.

 

Then just ignore everything unless they start to get heavy and legal.

I dont think you can say the account is in dispute because of harassment, you either follow through after the LBA with court action or you put up with it. Complaints to OFT / TS and your MP might help also.

 

S.

[easyman777]

they won't accept my payment of £1.

 

 

This is typical of NDR (Littlewoods) By law they can't refuse. you need to send them a "Income/Expenditure" of your finances.