Littlewoods/Phoenix placed Default for faulty item

[iceboy]

Hi;

 

I bought a kettle from Littlewoods (LxDirect) 3 or 4 years ago when they had sale using a credit account. The kettle was less than £30. However, after having it for only 2 weeks, the kettle stopped working and the plastic base melted.

 

I called up Littlewoods and was told that someone would collect it on a specified date. They came on the date but did not take the kettle away and said it had to be in a box! I mentioned that i didnt have a box to put it in and was told that they would come back another day with a ox themselves only to come back with no box AGAIN! Therefor, they didnt collect it back!

 

After a while, i gave up chasing them and decided not to pay the satement when it arrived and i did email them at one point but i cant find the email as i dont know which email addressed i've used!

 

No Phoenix Recoveries Sdfs have placed a default on my credit file for £108. Start date17/12/2005 and the default date is 06/03/2007.

 

I really do not want to wait till 2013 for it to be removed from my file and want to remove it asap.

 

Could anyone help me how to go around this? Do i send them CCA mentioning section 77-78 of DPA 1974 or do i choose another pathway to avoid they send me a blank application form?

 

I am sure they do not have a credit agreement as i applied for the account online and have not signed anything!

 

Any help will be appreciated.

 

Many thanks...

 

ps. i found the email i sent them on the 1 May 2006.. So i do have a proof of email sent but nothing else!

Edited September 24, 2010 by iceboy

[Bazooka Boo]

If you applied for this online then it will most likely have have had a 'tick box' to comply with the CCA.

 

How has a £30 kettle more than trebled in size?

 

I wouldn't even begin to entertain this shower with CCA requests, simply tell them that you dispute their eroneous claim that you owe this money, which you don't! Tell them to remove all data they have incorrectly placed on your credit file immediately, if they fail to do so, you will seek legal advice with a view to taking them to court and suing for damages (£1,000 minimum!)

 

Get in touch with the Credit Ref Agency (CRA) and tell them to remove this adverse data from your file, as you have no knowledge of this company, have never given them your permission to place info on your file and do not owe anyone anything, you will need to use their complaints procedure and exhaust it unless they see the error of their shady ways and remove the info, but be warned, CRA's are on the payroll of DCA's they are like the terrible twins, colluding with each other with scant regard for peoples personal information, you will need to escalate this to the ICO to investigate, a complaint to your local MP also might help to bring this to the fore in Parliament.

 

Next is to get back in touch with Littlewoods and use their complaints procedure, tell them to call their chosen DCA puppet off, and to cancel any such agreement they thought existed between you and them, the Kettle you bought from them was not fit for purpose and failed after two weeks as the plastic base melted, you will be very happy to take legal action against them and sue for damages, as this matter falls under the Sale of Goods Act, their continued failure to collect the faulty item is not your problem, once again they have failed to show a reasonable level of care and skill in their dealings with you.

 

If they fail to cut their losses, then they should put up or shut up, your not paying for a piece of melted plastic which they failed to competently collect on a number of occasions, you have therefore purchased another item which is still working after two weeks, unless they wish to reimburse you for the new kettle, then they should tell these fools to remove all adverse info from your CRF before you take legal action against ALL three, Littlewoods, Phoenix and the CRA.

[iceboy]

Thank you very much BB, that was a very helpful information.

 

Its good that i dont need to send CCA and cut it short straight to default removal... Is it ok if i write a template for both DCA and CRA and paste them here for a review as i am not that good in writing professional letters!

 

Another thing is, bought it from LxDirect which doesnt exist anymore! I am not sure if i can find their contact details but i will try to find it.

 

Many Thanks...

[DonkeyB]

Littlewoods won’t call the dogs off because they’ve sold the account, clearly. However, they must keep resords and as BB says, you must invoke their complaints procedure. Perhaps a SAR is in order.

 

How did you find out about the marker on your file? Have you ever received a default notice of any kind?

 

Have you had any correspondence from Phoenix (silly question – they don’t exist as anything other than an investment vehicke) or their lapdog, Bryan Carter & Co?

 

Here’s another horror story involving Phoenix, a catalogue company and faulty goods. It will make your hairs stand on end.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?239224

[iceboy]

I am real terrible at writing letters! I just cannot seem to get around it! Its been such time and i still havent contacted any of them!

 

Could anyone write me a template letter which i can send off to both CRA and DCA please?

 

I realy appreciate it...

[Bazooka Boo]

Send this to the CRA: http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

You will need to edit it to suit, ie. delete the reference to the CCA request, all you need to tell them is that you disagree with their claim, as this account is disputed between you and the OC.

 

As for a letter to the OC, (littlewoods) this simply is a letter you WILL need to write yourself to them, using their complaints procedure, there is no template, just put down in a letter or email your complaint, if you want post it up on here before you send it so others can advise.

[iceboy]

Thank you BB, i am on it... I will send the template letter to CRA and email Littlewoods first thing in the morning.

 

Thanks a billion dozen for your help BB. I will type the letter and post it here before sending it in post!

[Bazooka Boo]

Dear Littlewoods,

 

On dd/mm/yyyy I purchased a kettle (make/model) for £xx.xx from your (Store)

This lasted a total of two weeks before failing and resulted in the plastic base melting. I then informed yourselves of this, and you agreed to collect it on dd/mm/yyyy.

 

The Littlewoods employee arrived on the date agreed, but failed to take the faulty item with him because there was no box? He then agreed to return at a later date with a box to collect the item. This did not happen.

I was forced to ring yourselves on numerous occasions at my expense, in order to chase you to collect the faulty item, as you repeatedly ignored my calls to collect the kettle, I disposed of the faulty item, and purchased another kettle from a reputable retailer, and have had no issues since.

 

In your attempts to make me pay for the faulty item you sold me, you have chosen to employ a somewhat questionable debt collection agency.

I will remind you that this is not a debt related matter, and your actions in dealing with this issue, are equally as questionable and will be passed onto the OFT and trading standards to investigate.

 

The item I purchased from your (name of store) on the dd/mm/yyyy was not fit for purpose and failed some two weeks after purchase. The Sale Of Goods Act, states that goods be accurately described, of satisfactory quality, and fit for any purpose specified. In other words they must 'conform to the contract of sale'. As the item failed within two weeks, this has fallen way short of the six month statutory rights period given to consumers.

Something which seems to have been overlooked by yourselves.

 

Therefore, you now agree to inform your chosen third party debt collector, that this case has now been closed and that no further action is to be taken, also that 'any' adverse and incorrect information which may have been placed on my credit file will be removed immediately.

If you believe that you have a valid reason to disagree with my request, then please furnish me with your reasons, and why you believe that I am indebted to you for a faulty kettle which you failed to collect.

 

I look forward to your prompt reply,

 

Yours Sincerely....

 

Edit that to suit if you like, but that's the sort of thing you need to tell them.

[iceboy]

You are a STAR BB... I am sending this out today right away... You cant even guess how helpful that was for me! I will keep you updated with responses i get from CRA and Littlewoods in the coming week...

 

Man many thanks...

[Bazooka Boo]

Your welcome.