Littlewoods will not accept my offers of payments

[afaz]

I originally posted on another thread about my problems but was kindly advised to post a new thread for my particular problem.

 

Over 2 months ago, I realized my finances were in danger, and that I'd be unable to meet the minimum payments on my Littlewoods account (and others).

 

I organized all my finances, worked out what I could pay to who, and composed a statement of affairs. I sent out letters to all my creditors (including Littlewoods) explaining my situation and how much I could afford to pay.

 

I began making these payments immediately (including to LW, who accepted these payments to my account despite being less than the minimum on my statements)

 

All others accepted my offers eventually and certainly acknowledged receipt of my letters. Except Littlewoods, who after three letters did not even acknowledge, except to add charges each month because I had not met minimum payments!

 

Frustrated, I sent an email asking if my letters had been received and when I could expect a response. I received a reply saying LW were unable to create a payment plan via email or post (??) and that I should call a particular number. The email also said my situation would be dealt with considerately.

 

So (my bad!) I called the number which turned out to be the debt collection team who expected me to pay all my outstanding balance at once (the minimun payment for over 2 months, plus fees). I explained everything, and that I wanted to set up a payment plan. I was told this was not possible, because I was "between statements", and that after my new statement was released I could call to set up a plan. However, the representative said only a plan of £120 a month would be acceptable. This is 3 times what I have explained I am able to pay (£40 a month). I was very upset about this, and asked to speak to someone to whom I could complain. I was told that I should make my complaint in writing, and that a lesser payment would only be accepted if I went through CAB. In the meantime, charges would continue to be added to be added to my account.

 

My next step was to call the FOS, and the gentleman I spoke to was very helpful. He said I should make a formal complaint and gave me the name/address of the person at Littlewoods to whom I should direct this complaint.

 

However, I am still anxious that this will not help resolve my situation. I want to maintain a reasonably good credit account, and have been able to do so with everyone except Littlewoods (who are tarnishing my credit so badly!). This is because I hope to be able to get a mortgage in a few years time. I could pay everything off within 18 months if LW would just agree to help!

 

Now I don't know what to do. I have also requested from LW details of all penalty charges, which I will certainly contest. The cheque I sent with this letter was cashed today, and there is about 14 days left for them to respond to my letter.

 

I doubt LW will have a signed credit agreement from me. Should I request this? If they are unable to produce a valid one and are unable to chase me for the money, how will this affect my credit reports?

 

Should I also/alternatively make my complaint or write another letter requesting acceptance of my payment offers?

 

I really don't know what to do for the best. Aside from LW I have maintained good credit reports and would hate to have to wait 6 years to even consider applying for a mortgage.

[deathbycrayons]

Hello again, right I'm just going to paste in the advice I posted for you over in my thread.

 

Have you been sending all letters by recorded delivery? This is very important as if it goes to court, you have left a papertrail and covered your own back. There are a number of templates you can use to send LW letters. I have been battling with them for months, they still haven't 'accepted' our offer of payment but they are happily accepting the money I pay them.

 

If you do CCA them, and they can't produce a valid CCA, then you can stop all payments to them. However they will still continue to chase you, and probably issue a default, thus affecting your credit file. However, you can get this removed - prepare to have a battle on your hands though.

 

I think the first step is to send them a CCA request, and a harrassment warning letter as they will probably be phoning you several times a day pretty soon. Don't forget to send everything recorded and keep the receipts from the post office with copies of the letters you send.

 

Keep making your payments but if they can't provide a CCA within the prescribed timescale then stop the payments and advise them by writing that the account is in dispute.

[the_shadow]

deathbycrayons advice is sound, send them a CCA, letter 8 on this link...

 

DCA templates library

 

Edit the letter to suit and then send off with a £1 PO

 

then sit back for 12+2 working days for them to respond

 

S.

[afaz]

For deathbycrayons: Thank you so much for your advice so far

 

I did send my first letter recorded, but RM have been unable to supply me with proof of delivery. Second letter was sent regular post, but with proof of posting.

 

I kept copies of all letters I have sent, and also have copies of the emails sent by me and received in reply from LW, plus notes of the phone call (name, what was said, etc).

 

Will this be sufficient as proof of my correspondence?

 

Today I'll send my request for CCA (thank you The Shadow for links to the template letter, I was unable to find this myself), and will keep making my payments for now.

 

Hopefully they will not be able to call me, as we changed our number a while ago due to phone calls from canvassers

 

I doubt that a valid agreement will be provided, but I was just looking through the info about what to do if a default is issued against an account in dispute. Looks like an uphill battle there...

 

Still two questions though:

 

1. I asked for details of all charges (they have just processed my £10 cheque today). Once I get the details, should I try to get these refunded or wait to see what happens with the CCA first?

 

2. Should I still complain or send one final letter requesting acceptance of my payment offer, or again is it best to wait?

 

Thank you both so much. This worries me greatly and is the only debt with which I'm having problems. I really look forward to being able to sort this out for good!

[deathbycrayons]

I did send my first letter recorded, but RM have been unable to supply me with proof of delivery. Second letter was sent regular post, but with proof of posting.

 

This is exactly the problem I've had too. They won't sign for them!!

[the_shadow]

Still two questions though:

 

1. I asked for details of all charges (they have just processed my £10 cheque today). Once I get the details, should I try to get these refunded or wait to see what happens with the CCA first?

 

2. Should I still complain or send one final letter requesting acceptance of my payment offer, or again is it best to wait?

 

1. Get them refunded to the account despite the CCA, it'll lower your indebtedness to them. So long as you dont ask for the money to be paid back to yourself it wouldnt in my opinion be classed as unfair enrichment if the CCA cant be found and you deny the debt.

 

2. If you want to complain about them not considering the proposal head it "FORMAL COMPLAINT" and they are obliged to respond in writing else you can progress the complaint to the FOS and Littlewoods get charged for the investigation £450.

 

S.

[lilly white]

Well Game On

 

I See You Have Sent For Cca Also Sar Oc

 

If It Was Me I Would See What Comes My Way.

 

12 And 2 Days Is Not A Along Time Keep Your Power Dry

[deathbycrayons]

For deathbycrayons: Thank you so much for your advice so far

 

I did send my first letter recorded, but RM have been unable to supply me with proof of delivery. Second letter was sent regular post, but with proof of posting.

 

I kept copies of all letters I have sent, and also have copies of the emails sent by me and received in reply from LW, plus notes of the phone call (name, what was said, etc).

 

Will this be sufficient as proof of my correspondence?

 

Today I'll send my request for CCA (thank you The Shadow for links to the template letter, I was unable to find this myself), and will keep making my payments for now.

 

Hopefully they will not be able to call me, as we changed our number a while ago due to phone calls from canvassers

 

I doubt that a valid agreement will be provided, but I was just looking through the info about what to do if a default is issued against an account in dispute. Looks like an uphill battle there...

 

Still two questions though:

 

1. I asked for details of all charges (they have just processed my £10 cheque today). Once I get the details, should I try to get these refunded or wait to see what happens with the CCA first? IMHO, await the CCA.

 

2. Should I still complain or send one final letter requesting acceptance of my payment offer, or again is it best to wait? Complain, complain complain!! Also send your final letter requesting payment acceptance. The more letters you send, the better. Cover your own back

 

Thank you both so much. This worries me greatly and is the only debt with which I'm having problems. I really look forward to being able to sort this out for good!

Hope this helps.

[afaz]

Hello everyone,

 

I've drafted up a letter for my CCA request based on the template letters, but I want to be sure I'm quoting the right sections of the Credit Act. Would someone please look over this to make sure all is in order before I send?

 

Dear Sir/Madam

This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

Sorry if I'm being a pain. I want to make sure I do things properly!

 

For Deathbycrayons: I'm writing up my final letter to offer payment now. Diddydicky on the other thread offered some useful advice (see here: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/188135-littlewoods-refusing-do-things-7.html#post2193562)

[surprise]

I think if you do a lot of reading at all the Littlewoods threads you will find that they haven't learnt a thing over the years. Be very aware of them they actualy scanned my signature onto an agreement so I hope you haven't signed anything. Like you they were adding charges to my account each month, even after they said they wouldn't persue the debt.

 

The reason you haven't got a signature for the recorded is Littlewoods sign en block, so if your letter isn't on the front sheet it doesn't show up at the Royal Mail. I always sent my letters 1st class with proof of posting.

 

They also added to my account some kind of insurance which I hadn't agreed to, so if they have added this to your account and you hadn't agreed to it I would cancel it then try and work out how much you have been charged.

 

It beggars belief with Littlewoods because if they accepted people's offers of reduced amounts without charges all the account would be paid off. However, because they are so bloody minded people go down the CCA route then Littlewoods finish up with being unable to persue the account.

 

I certainly wouldn't worry about them not accepting the payment but it will be a long drawn out affair - March 06 to September 07 for me.

 

With regard to the letter you are sending I would be inclined to put 12 days rather than the statutory time limit. I would knock out the sentence your attention is drawn. Littlewoods know their obligations just don't abide by them. They did offset my £1 against the account which I was actually pleased about because I knew they had received the corresondence then.

 

Good luck, relax and let Littlewoods tie themselves up.

[afaz]

Be very aware of them they actualy scanned my signature onto an agreement so I hope you haven't signed anything.

Whoah, I was concerned that they may try to do this, but even so I am surprised it actually happened! I am 99% certain that I didn't sign the original credit agreement. My partner at the time received a catalogue at almost the same time (in his own name) and we were both encouraged to sign and return the agreement in return for their cashback scheme. My partner did (and received cashback for a time). I did not, and received no cashback. I believe I may still have my original (unsigned) copy lying around. I'd better go check!

 

In any case, the only other thing I have signed is for receipt of parcels. I signed none of my letters to them, so hopefully no forgery can take place!

 

They also added to my account some kind of insurance which I hadn't agreed to, so if they have added this to your account and you hadn't agreed to it I would cancel it then try and work out how much you have been charged.

Yup, I had insurance charges added to my account too. I can't honestly remember if I opted in or not though, as I opened the account online. However, I had called about 3 months ago (just before I ran into money troubles) to ask this be removed from my account when I realised I'd be unable to claim anyway (I'm self-employed). But it wasn't removed from my account then! I had to call up again and request removal last week after I looked at my statements and realised over £15 a month was still being added on! Now waiting on this month's statement to see if it has actually been removed. All this is still new to me, so I'm taking things a step at a time. I'll wait on the outcome of my CCA request and final letter, then will look into requesting refunds of the PPI.

 

With regard to the letter you are sending I would be inclined to put 12 days rather than the statutory time limit. I would knock out the sentence your attention is drawn.

Thanks, I'll edit those parts now.

 

I know it will cost (significantly) more to send my Special Delivery, but it would give me a great sense of satisfaction to be able to prove that my CCA and final offer are received. Does anyone know for certain if a signature is required for each Special Delivery if posted in this way, or can these be signed for in bulk, as in recorded delivery?

[surprise]

Don't waste your money - 2 special delivery letters to Littlewoods went unsigned. I actually got my money back from Royal Mail as they couldn't provide a signature. If you were really keen on doing it this way you could mark on it - boldly - I REQUIRE A SIGNATURE FOR THIS ITEM - PLEASE DO NOT LEAVE UNLESS YOU OBTAIN A SIGNATURE.

 

I would be inclined to put a separate letter in regard to the insurance and say that despite your request to cancel you are still adding this amount and you require the full refund to be credited to your account.

[afaz]

Just a quick update about the situation.

 

I've just received a hue pile of papers from my subject access request (I wanted details of all charges in particular which have been applied to my account which I plan to claim back). This does not include a copy of my original CCA, neither blank nor signed. I did assume a copy should have been sent with my request for all details held about me. Perhaps this means there is not one on file..?

 

In any case, I will be sending my request for CCA today.

 

Now I have to wade through this huge pile to work out exactly how much I can make a claim for regarding all charges passed to my account as Littlewoods did not put these on one individual sheet, only in details for statements

 

Meanwhile I have kept up the payments I offered (£10 a week, to total £40 a month) until I receive a CCA back, or not. LW have not called me yet about my account, but I wonder if this will start once I ask for my CCA.

[surprise]

When I received my papers through one thing I noticed that on their list of documents that are sent out and received back there was no mention of an agreement being sent out or received. When I went to Trading Standards I said the first thing that should go out after an application being received is an agreement yet there is no notation of an agreement on their list of documents. She commented "you would have thought so, but this does not mean that one was sent out or received". The reason I brought this issue up was because of the dodgy agreement they sent me 2 months after they had stated they wouldn't persue the account.

 

Littlewoods are the most coniving company I have come across in my dealings so be aware, I just can't believe they haven't learnt anything as there were quite a few caggers who weren't being persued for their debts. All they have to do is to stop adding charges when people are experiencing difficulties and customers would continue to pay.

 

I'm off out now to enjoy the sun, so check everything carefully.

[afaz]

Thanks for the advice, Surprise. I am being very cautious with Littlewoods. I doubt that they will be able to produce a true copy of the original signed agreement, but am being careful not to sign any letters I send.

 

Just now I received a letter from NDR advising of proceedings against me. This is after my repeated letters, an email and telephone call offering a payment arrangement. It says I should call a particular number to arrange a payment arrangement (not likely!) and that proceedings will begin in seven days if I fail to make this arrangement or pay in full.

 

I guess I'll be writing more letters later today:

1. A final letter to Littlewoods offering my proposed payment plan

2. A complaint to Littlewoods concerning their refusal to accept my offers of a payment plan

3. A letter to NDR, including all my correspondence (complaint and letters) so they have a record of my proposed payment plans.

 

Yes, I doubt that any of these letters will be acknowledged but at least I will have proof of my correspondence and intentions.

 

I now look forward to seeing what comes of my CCA request.

 

If anyone has further advice for what I should be doing now I'd really appreciate it!

[surprise]

I doubt very much wether they will go to court, after all what can they gain a judge will only order you to pay what you can afford to pay and they are going to look pretty silly when a payment plan has been offered. I would point this out to NDR saying they are welcome to take you to court but given that a payment plan has been offered and you have continued to add charges no judge would make you pay more than what is available to be divided between creditors. Tell them that a judge would also consider their attitude unreasonable.

[afaz]

I posted my CCA request, plus a final letter offering a payment plan on Monday. In my letter I explained that I wish to be contacted only by letter in regard to this matter.

 

On Monday at 9.01pm, my sister answered a call on my mobile from someone at Littlewoods asking to speak to me (I was in the shower, so she said I was unavailable). Again today, but I was driving and could not answer.

 

Glad the calls were on my mobile. I have the facility to barr calls from specific numbers (and withheld numbers) and am exercising my right to screen callls

 

Only two calls so far, but I'm curious if there is a cut-off time in the evening after which DCA's/Creditors are not supposed to call? 9pm to me seems a bit late to be calling...

 

I am curious as to why my CCA was not included in the papers I received when I made my SAR? Should this have been present in the documents I was sent? In the case that Littlewoods cannot produce a valid CCA and I need to complain I'm wondering if I should bring this up.

 

To clarify, does the 12+2 days for compliance with a CCA request refer to the date the letter was sent or received by the creditor? (I'm wondering if this should be a week on Monday or Wednesday).

[surprise]

Hi - its 12 days working days from date of receipt of request. I know it was 12+2 but I'm sure I read somewhere that it is just 12 now. 9.00 pm is the cut-off time for calls. As you say you would expect the agreement to be in the SAR but I had to do a separate CCA request as well. You will find that Littlewoods will continue to ring and they do get quite shirty when things are not going their way. If you should take a call from them say you've requested contact to be in writing only and you do not discuss anything financial over the phone. You should also be aware that I am recording any calls from Littlewoods so I am ending this call now. Don't let them get a word in.

[afaz]

Thanks for the clarification, Surprise

 

I'll wait and see what happens next.

[the_shadow]

Hi - its 12 days working days from date of receipt of request. I know it was 12+2 but I'm sure I read somewhere that it is just 12 now.

 

Fraid its still 12+2 working days, the two days are for postage and unless you courier it to them you have to allow it.

 

S.

[afaz]

It's now been more than 14 days since Littlewoods would have received my CCA request. I have not received any response to this at all (not even a blank application form). I think now I need to write a letter about my account being in dispute?

 

I'll take a look at those sample letters to see if there is one I should send.

 

Strangely enough the phone calls stopped within a day or two of my sending the CCA request. I did receive one letter from NDR explaining a £12 charge had been added to my account due to NDR's inability to contact me by telephone (which I believe is a lie, since the couple of calls I answered were from Littlewoods staff).

 

Could anyone confirm the steps I should take next? I'm assuming that LW can no longer take action against my account because of their inability to send a valid CCA?

 

Thanks to everyone for your help so far

[afaz]

Whoops, sorry for double posting!

Edited June 18, 2009 by afaz
Accidentally posted twice!

[the_shadow]

It's now been more than 14 days since Littlewoods would have received my CCA request. I have not received any response to this at all (not even a blank application form). I think now I need to write a letter about my account being in dispute?

 

I'll take a look at those sample letters to see if there is one I should send.

 

Strangely enough the phone calls stopped within a day or two of my sending the CCA request. I did receive one letter from NDR explaining a £12 charge had been added to my account due to NDR's inability to contact me by telephone (which I believe is a lie, since the couple of calls I answered were from Littlewoods staff).

 

Could anyone confirm the steps I should take next? I'm assuming that LW can no longer take action against my account because of their inability to send a valid CCA?

 

Thanks to everyone for your help so far

 

haha sorry just got to clarify this point... they charge you for NOT receiving their phone call???

 

What planet are these firms living on?

 

As to your question if they have not replied within 12+2 working days then send the account in dispute letter.

 

They wont agree and will mark your credit file and possibly pass you to a DCA.... if you read other peoples Littlewoods threads you'll get an idea of what to expect.

 

S.

[afaz]

Thank you for your advice, The Shadow. I spent much of yesterday delving though the Littlewoods threads. It seems this must be the worst company in history as regards customer service!

 

I did discover that dpick had been able to get his defaults removed afte complaining to the FOS about LW (still processing data after no CCA could be produced). I've yet to receive my credit reports, but suspect LW have already added a default. This is what I wanted to avoid as aside from this I'll be debt free within 18 months. I'll certainly ty the FOS route to see if I can stop the data processing, and am watching another thread where PT2537 is taking LW to court.

 

Strangely today (after the 12+2 days has expired...) I received a letter from LW telling me the original executed agreement can't be found (that's because I never signed one!) along with a copy of the current agreement.

 

Wish I could find the original, unsigned agreement as I'm sure something would have changed between then and now.

 

So, off with the "Account in Dispute" letter, and see what happens next.

[hitchy1]

Thank you for your advice, The Shadow. I spent much of yesterday delving though the Littlewoods threads. It seems this must be the worst company in history as regards customer service!

 

I did discover that dpick had been able to get his defaults removed afte complaining to the FOS about LW (still processing data after no CCA could be produced). I've yet to receive my credit reports, but suspect LW have already added a default. This is what I wanted to avoid as aside from this I'll be debt free within 18 months. I'll certainly ty the FOS route to see if I can stop the data processing, and am watching another thread where PT2537 is taking LW to court.

 

Strangely today (after the 12+2 days has expired...) I received a letter from LW telling me the original executed agreement can't be found (that's because I never signed one!) along with a copy of the current agreement.

 

Wish I could find the original, unsigned agreement as I'm sure something would have changed between then and now.

 

So, off with the "Account in Dispute" letter, and see what happens next.

 

Hope you are as lucky as me, i arrived at the same stage as you. Sent the account in dispute letter and got a response telling me that no further collection action would be taken on the account. Purely and simply no agreement, nothing they can do.