Littlewoods-need help!! ***WON*** 24/09/2009

[lesleyN]

I am having some difficulties with my littlewoods account and really need some advice. I have had the account since march 2000 but stopped using regularly in 2003 I then began using it again in 2005. I have since then had several late charges and admin charges put onto my account which I have totalled up to being £158.00 at present. I last paid them any money in January when I realised my outstanding balance totalled slightly less than the charges I had been given over the past 4 years. I sent them an LBA but never followed it up as I didn't know if I could take them to court to get the charges back if I haven't actually paid them. Since then I have several letters and nasty phone calls from them badgering me for the money. I started reading a couple of weeks ago on this site how they can't make me pay them if they don't have a signed credit aggreement from me so I sent them off a CCA hoping that would get them off my back however they have now sent me a copy of a credit agreement signed by me in 2005. I am now totally stuck! Does this mean I will have to pay them? Should I pay them and then take them to court to get my charges back? Any advice will be very much appreciated. Thanks, Lesley

[maroondevo52]

Hi, Lesley.

 

You say you took the card out in 2000, so how come they have sent you an agreement signed by you in 2005.

 

Regarding the charges, yes, you can take them to court.

 

Regards.

 

Scott.

[lesleyN]

Hi Scott, Thanks for your reply. Can I actually take them to court to get my charges back if I haven't actually paid them?

 

I'm not sure why they have a credit agreement signed by me in 2005. I think I reapplied for littlewoods catalogue around then because I needed to buy a washing machine and I thought my account was closed so they must have sent that out to me then. I must say I don't really remember but its definitely my signature on their credit agreement- I nearly screamed when I opened the post the other day!

 

I'm really not sure what I should do but I definitely cannot afford to pay them and they just keep adding more charges!

[maroondevo52]

Hi, Lesley.

 

They are saying you are due them £xxx amount, mainly made up from charges, you take them to court to claim those charges and you will not be due them £xxx amount.

 

Put 'Littlewoods' in the search facility above, and you will find stacks of threads on them, have a read and you'll get the hang of it.

 

If you need any more help, give me a shout.

 

Regards.

 

Scott.

[lesleyN]

Hi again, Sorry for being so lame! I don't know why i've managed to get so flustered by all this. I successfully claimed my charges back from my A&L account and several credit cards a couple of years ago. I reckon my brain gave up working since having a baby! Anyway thanks very much for the advice and I will read the other threads and just get on with it. Thanks again, Lesley

[maroondevo52]

Hi, Lesley.

 

No problem, I'll be all thoses late nights with the 'wee one'

 

I'd go for the charges if they're slightly more than the balance, they'll be due you money

 

Regards.

 

Scott.

[lesleyN]

Hi Again,

Have sent Littlewoods an LBA and the 14 days is now up. I have had two letters from them, the first to tell me they are investigating my complaint and the second to say they've investigated it and all the charges still stand and as far as they are concerned that is the end of the matter (this second letter was addressed to me but had a different name on the actual letter and a list of charges that aren't mine aswell as an account balance of £80,019,765.00!!! Now I know I don't owe them that much!!)

Anyway in the meantime they have also been ringing me daily and adding further charges so it is now close to £200. I want to now start the claim and fill out the MCOL form but just want to make sure I have the correct details on it. Basically I just need help with the wording in the particulars of claim part. If someone could give me some help with this I will be most greatful. Thanks in advance, Lesley

[maroondevo52]

Hi, Lesley.

 

I would recommend filing your claim at your Local County Court.

I'm trying to find a POC

 

Regards.

 

Scott.

[maroondevo52]

Lesley,

 

Who is the lender.

 

Regards.

 

Scott

[lesleyN]

Hi, Its Littlewoods catalogue so its Shop Direct. Thanks, Lesley

[MARTIN3030]

Ok basically you use the same sort of POCS as for a bank reclaim-well at least the old one.

 

 

 

Claimant had (has had) an account with the defendant Account numberxxxxx which was opened on or around xxxx and operated under its standard terms and conditions.

Between XXXX and XXXX the defendant levied xxx charges against the claimants account for (xxxxxxx late payments etc)

 

The claimant believes that these charges are unfair and are a penalty which are not a genuine pre-estimate of the defendants costs in processing and applying such breach.

Claimant seeks to rely on The Unfair Contract Terms in Consumer Regulations Act 1999,The Unfair Contract Terms Act 1977,and Common Law.

The claimant believes they have followed pre action protocols in this matter,a request was made to the defendant on xxxxxx and further on xxxxxxxx

No breakdown of the defendants costs were supplied to the request,and no offer to refund the said charges was made.A schedule of the charges is attatched,and a copy has previously been sent to the defendants.

Claimant seeks XXXX section 69 interest at 8% from xxxxx until judgement,at a daily rate of xxxx.

[MARTIN3030]

Just check over for spellings as I did this from head.

[MARTIN3030]

Address for claim will be;

 

Shop Direct

Skyways House

Speke Road

Speke

Liverpool

L70 1AB

[MARTIN3030]

This is straightforward enough Lesley even for MCOL although the 1000 limit does not provide for attachments.

You would therefore need to send the charges schedule by post.

The big problem at the moment with bank charge claims stayed is that there is a danger of bulk centre staying this too confusing it with bank charges-anything that mentions penalties is a prob.

Much better if you could to fire it in at your local Court and know its been accepted for service.

 

Thats my opinion but it is going off experience.

 

Secondly,if Littlewoods are saying that you owe THEM -then it would follow that they would be open to file a counterclaim,in which they would need to answer in their acknowledgement.

Since this would have to be dealt with further down the line in open Court .....they are unlikely to even want to go there-but could well say that they will in their acknowledgement.

I am subscribed here so will be following.

If you need further help just ask.

[lesleyN]

Thanks so much Martin and Scott, you've been a great help. I will follow you advice and file with the local court and keep you posted with any developments it goes. Thanks again, lesley

[MARTIN3030]

Well done go for it.

[lesleyN]

Hi Again, I really need some more advice as I think I may have messed this up somewhere along the line!!

 

I filed my claim against Littlewoods/shop direct at my local county court and it was deemed as served on the 10th August.

 

Shop direct then filed a defence but no counterclaim on the 21st August which I received notice of along with the allocation questionnaire. Their defence is as follows...

 

-The defendant confirms that the claimant has operated a running credit account with it, which the claimant has used to purchase goods on credit from the littlewoods catalogue.

-The defendant has applied charges to the claimants account due to her failure to comply with her repayment requirements (as detailed in her credit agreement)

-The defendant denies that any such charges are unlawful penalties.

-In any event, the claimant has not paid all the charges and the defendant has the right to offset any liability to the claimant against the outstanding balance.

-The defendant denies any liability to the claimant as claimed.

 

I was supposed to fill out the allocation questionnaire at this point but I put aside to do later and FORGOT completely!!

 

Nevertheless, I have now received a hearing date for the 28th October at my local county court and I have to pay £25 by the 23rd September for this!!

 

What do I do now?? I don't think I am really up to court and can't believe it has gone this far!!

 

Any help/advice will be very much appreciated.

 

Thanks, lesley.

[citizenB]

I am surprised you have got a hearing if you havent completed the AQ or have they said for you to complete that and pay the £25.00 by the date as above.

 

There is still time for them to pull out. However, can we know exactly what you have filed at court ?

[lesleyN]

Hi CitizenB, Thanks for your reply.

 

The letter i have from the court is dated 3 days after my AQ should have been in by. It just states that the statements of the case and AQs filed have been considered and the claim has been allocated to the small claims track. I have a hearing date of the the 28th October at my local county court and need to pay a hearing fee by the 23rd September.

 

So far all I have filed with the court is my original claim form which states as follows...

 

Particulars

 

Claimant has had an account with the defendant Account number ********* which was opened on or around the 10th March 2000 and operated under its standard terms and conditions.

Between November 2005 and 27th June 2009 the defendant levied £194.00charges against the claimants account for administation charges and late payments.

 

The claimant believes that these charges are unfair and are a penalty which are not a genuine pre-estimate of the defendants costs in processing and applying such breach.

Claimant seeks to rely on The Unfair Contact Terms in Consumer Regulations Act 1999, The Unfair Contract Terms Act 1977, and Commom Law.

The claimant believes they have followed the pre action protocols in this matter, a request was made to the defendant on the 19th January 2009 and further on 10th July 2009.

No breakdown of the defendants costs were supplied to the request, and no offer to refund the said charges was made. A schedule of the charges is attached, and a copy has previously been sent to the defendant.

Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the charge to the date in the sum of £17.48, and at a daily rate of £0.05 until judgement or sooner payment.

 

 

They are still adding charges. I continued to make payments into my account up until January where I worked out that the balance left on my account was actually less than charges they had already taken from me and so I haven't paid any charges since then. Part of their defence as you can see from the last reply in my thread is that I can't claim back these charges as I haven't actually paid them. I don't want any money from them at all I just want them to write off my account balance and not default me as the balance that remains is solely made up of charges that I don't think I should have to pay.

 

Thanks again for you help, Lesley

[citizenB]

Hmm, frankly it doesnt make sense really that they are defending this ?

 

I am also puzzled why the DJ has said that they have looked at the AQs when one is missing?

 

I am not sure what you should be doing, however if you are going to continue then you do need to get that fee paid on time.

 

I will try and find someone that can help.

[lesleyN]

bump

[lesleyN]

I have paid the hearing fee and am hoping that they will settle before this goes to court. I will however be prepared to go to court if it comes to it. I have to file all documents that I intend to rely on in the court case by the 13th October. If anyone is able to help and advise me on what I need to do then it will be very much appreciated.

[pt2537]

I have paid the hearing fee and am hoping that they will settle before this goes to court. I will however be prepared to go to court if it comes to it. I have to file all documents that I intend to rely on in the court case by the 13th October. If anyone is able to help and advise me on what I need to do then it will be very much appreciated.

Do they have a signed agreement which is compliant with the CCA 1974?

 

If they do not then why havent you filed for Declaratory Relief pursuant to s142(1) CCA and Rule 40.20 CPR?

 

Seems that would be the obvious route rather than reclaiming

 

but of course this depends on the agreement being enforceable and compliant

[lesleyN]

I sent off a CCA request in June after reading many of the littlewoods threads on here where it seems in all cases littlewoods do not have signed credit agreements by their customers. They sent me back a credit agreement signed by me 5 years after I originally opened the account but before I had got any charges. It seems I am the only person to have one!!

 

As to whether it is compliant with the CCA 1974, I am unsure. But this is why I have gone about reclaimimg the charges as it seemed the only route I could take.

I am also confused as to why they didn't file a counterclaim with their defence as they say I owe them this money.

[lesleyN]

Quick update.

 

I received a phone call yesterday from Shop Direct's legal team offering a full settlement!! Had to keep my cool on the phone to stop myself shouting out with relief! Can't really put into words the dread I was started to fill with at the thought of actually going to court. Just awaiting the cheque in the post now and then I will let the court know and get my hearing fee back again.

 

Many thanks to all who have offered me help and advice in the past few months.