littlewoods! Grrrr!

[lizvp]

i'm not sure that this deserves a thread of its own, but there is a sense of 'spiralling out of all reason', that i would like to keep track of.

 

to precis: i have had an account with littlewoods catalogue for many, many years without issue. my standard account with littlewoods catalogue offers me credit of several thousands.

i don't take advantage of their offers of even 12 months interst free credit very often, as i can find most of what i want elsewhere on the internet very much cheaper; but still, sometimes, littlewoods has just been the answer.

 

recently, however, i missed a payment.

 

odd, i thought, that they had not courtesy to talk to me about missing a payment of £6, but they had the wherewithal to barrage me with demands for payments of £12 for the missing of the payment.

 

i shall have to admit that i do not take politely to telephony of an extortionary nature, but then i wasn't expecting it to start with.

so i politely explained that i would pay off the balance forthwith, but that the £12 charge could expect a reply that might offend.

 

the balance of £54 was paid 3 days after the missed payment of £6, but the £12 charge (for missing the payment) is incurring a daily call.

i realise that this is all very small beer, but the level of bullying will be a familiar tale.

 

requests for written communication only seems to have little effect, requests for the name, surname, DOB etc of the person calling has so far met with them putting phone down on me.

 

shall submit CCA request in next few days.

[MilkTrayMan]

Hi lizvp!

 

i'm not sure that this deserves a thread of its own, but there is a sense of 'spiralling out of all reason', that i would like to keep track of.

 

to precis: i have had an account with littlewoods catalogue for many, many years without issue....

 

shall submit CCA request in next few days.

I'm not quite sure what U hope to gain by sending an Original Creditor a CCA 1974 Request?

 

The facts are that U have enjoyed many years of mutual relationship with Littlewoods.

 

Nonetheless, the legislation that pertains to catalogues is the same as for Credit Cards + for longstanding accounts like yours would be covered by s78 of the CCA 1974.

 

I realise how angry/shocked/disappointed U are about the unlawful penalty charge of £12, but it is recoverable without the need to obtain a Credit Agreement, which the OC is very likely to still have somewhere.

 

Just proceed in a similar way to how other peeps have done to recover their monies from Credit Card Companies.

 

Some recent legislation to bear in mind...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222855-confused-over-cca-statute.html#post2553470

 

 

[lizvp]

hi MilkTrayMan,

 

thank you for your reply, although i'm not quite sure that i understand you.

i have no need to recover this penalty charge, as i shall not be paying it.

 

my gripe is that after many years with this company, with no problems, a clerical error (my fault entirely i'm sure) meant that a payment was late.

if i'm honest, i was just about to pay their £12 penalty charge because it was easier to do so, then i started to get telephone calls...

 

...in fact, as i was typing this, i had another call. i have asked them to limit their contact to written communication, i have refused to talk to them unless they properly identify themselves, but still they call me every day.

 

to clarify, i have no debt with this company.

i am being harrassed for a £12 penalty charge.

is a CCA request the wrong way to go? i merely wish them to prove that i owe them a penalty charge.

i fail to understand why anybody should be subject to daily telephone calls of a, frankly, bullying and rude nature. is this how people should be treated??!!

 

i'm afraid that this sort of business really ticks me off. i can fight back, but how many peoples lives are these thugs making a misery of?

i merely wish to follow the path of complaint in the hope that this type of business practice be ended.

if i am wrong in starting with a CCA request, please tell me what i should do instead?

[Consumer dude]

hi MilkTrayMan,

 

thank you for your reply, although i'm not quite sure that i understand you.

i have no need to recover this penalty charge, as i shall not be paying it.

 

my gripe is that after many years with this company, with no problems, a clerical error (my fault entirely i'm sure) meant that a payment was late.

if i'm honest, i was just about to pay their £12 penalty charge because it was easier to do so, then i started to get telephone calls...

 

...in fact, as i was typing this, i had another call. i have asked them to limit their contact to written communication, i have refused to talk to them unless they properly identify themselves, but still they call me every day.

 

to clarify, i have no debt with this company.

i am being harrassed for a £12 penalty charge.

is a CCA request the wrong way to go? i merely wish them to prove that i owe them a penalty charge.

i fail to understand why anybody should be subject to daily telephone calls of a, frankly, bullying and rude nature. is this how people should be treated??!!

 

i'm afraid that this sort of business really ticks me off. i can fight back, but how many peoples lives are these thugs making a misery of?

i merely wish to follow the path of complaint in the hope that this type of business practice be ended.

if i am wrong in starting with a CCA request, please tell me what i should do instead?

 

 

 

You could just ask them to waiver it..

[lizvp]

hi Consumer dude,

 

i probably should have said that that is where i started.

i did try the 'reasonable' route first..littlewoods themselves have so far failed to respond, except to refer me to shop direct, the finance company.

 

shop direct have no other options, i am a dirty defaulter and must pay..

[MilkTrayMan]

Good point Cd.

Unless U take action to 'recover' the aforementioned unlawful penalty charge lizvp, Shop Direct was probs end up placing a Default Marker on your Credit Report + possibly also saying that U have also incurred further unlawful penalty charges.

By winning your potential claim, they would in all probability re-imburse your account, thus zeroing the balance.

Is Shop Direct the Original Creditor, or Littlewoods themselves?

Personally, for the amount of money involved, I'd pay them their £12 (if U can afford it of course), just to stop all the aggro + any possibility of them upping the figure.

I would then be able to seek to recover the monies paid via Court, from a possession of strength + not having to endure endless sleepless night worring who the next phone call is from or how they might be spitefully damaging my Credit File.

Don't get mad...get even!

[MilkTrayMan]

Btw...It is highly likely that an Original Creditor DOES have a true copy of your Credit Agreement, although whether or not it is a properly executed one is mere conjecture at this stage.

[lizvp]

wow! seriously?

 

maybe you are right, don't know what i was getting so worked up about. they have every right to badger me until i pay. i should just pay up and be grateful if they leave my credit record alone.

 

do you think i should apologise for all the tedium i have caused them?

[MilkTrayMan]

...they have every right to badger me until i pay.

If they have an enforceable Credit Agreement...YES.

McGuffick v The Royal Bank of Scotland Plc [2009] EWHC 2386 (Comm) (06 October 2009)

[lizvp]

so...do you think it might be wise to maybe ask them if they do have said document before i pay this penalty charge?

 

of course this is something of a moot point, as i know beyond doubt that they do not have any such thing.

 

i seem to have misunderstood, i thought you were advocating that i should just pay up and then reclaim?

 

i rather thought i would challenge their legitimacy and tactics as i think their practice is despicable.