chezt v's Littlewoods Catalogue **I WON**

[chezt]

Awwww poor lil muffin!!!! I do hope she gets better soon hun....is this a carry-on from when she had that tummy bug? is it the same virus?

 

As for the template hunny, I'm hoping I may need one myself soon:rolleyes: so I'll go and have a look for you, I'm sure I've seen one somewhere....

 

Actually, thinking about it, now that the debt is unenforceable you could also send a statutory notice re the default (have I got the right thread?:-? )!!!! hummmm I'll be back in a mo.

 

Wxxx

 

No it's another one! I think the tummy bug's basically left her immune system open to this! Anyway she's not had a bad night apart from one episode

 

TBH I've had a look for the template & can't find it ... if you find it & post me a link I would be eternally grateful - haven't got much time to go looking ATM

(pmsl @ u thinking in type )

[chezt]

Sorry We were posting same time then - although you were faster than me as I'm on the calpol run!

 

I'll try & have a read of that thread later when I'm home from work n chufta is in bed ... thanks hun

[Guest willowb]

pmsl @ u thinking in type :grin: )

Yikes!!!! I know....bad habbit....lol just can't stop it IYKWIM:D hummmm note to self *must be a much cooler poster* lol it'll never happen:p

 

Wxxx

[chezt]

Yikes!!!! I know....bad habbit....lol just can't stop it IYKWIM:D hummmm note to self *must be a much cooler poster* lol it'll never happen:p

 

Wxxx

 

 

HAHA! Me too & Me neither

 

(luv ya hun - thanks for helping x )

[chezt]

Right, this is a really nice/good thread, I'm sure that we can grab things from it for you and add it to a stat notice.....

 

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Wxxx

 

 

COR that is one humongous letter! Dunno how much of it I can use tho or even where to start really.

 

Where 'exact;y' do I stand in MY situation - any opinions/advice anyone?

(ie re pending court action etc)

 

Thanks Willow for the link ... in the process of copy n pasting the letter for digestion & disection!

[chezt]

Hi all ... OK I'm totally confused as to my next course of action. (Well not totally thanks to Willow) I think I've sussed which part of the letter Willow posted the link for that I can use ... basically I'm writing to LW to inform them they've failed to comply with my request, have committed a criminal offence & I no longer acknowledge any debt to them.

 

I'm gonna contact CCCS to stop all payments to them on my behalf.

 

OK now the bit I'm confused about ... what do I do re the courts & the pending action I have against them reclaiming charges ... I know I will have to cancel this as I now want them to write off the whole debt & not just the charges .... Do I just send them a letter advising what's happend & forward copies of the letter I will send to LW?

 

Also I need to report LW for not complying don't I ... do I?

 

Think I also need to check my credit file to see if they've registered the threatened default.

 

Can I use the pending court action to get removal if they have or would this have to be a sepereate claim along with non-compliance? (or am I getting ahead of myself here? )

 

Is that pretty much it or should I be doing more/less?

 

Apologies for the confusion here it's just new territory for me & I really like to understand what I'm doing IYKWIM?

[Guest willowb]

hummmmmm haven't got time to dissect the situ at the mo Chezt, I'd be interested in what LFI and Bill thinks about your claim situation.........if you were going to really go for it, I suppose you could amend your POCs and claim the whole lot back????? anyone?

 

Wxxx

can you post what you've come up with so far for a letter?

[bill-k]

I'd be interested in what LFI and Bill thinks about your claim situation

 

Congratulations - you have just qualified for my standard sod-off reply !!!

 

I have to tell you that there is currently a dispute over the quality of my advice and opinion. Until such time that it is adequately resolved, I do not feel able to safely offer any assistance. I am so sorry.

 

Bill.

 

XXX

[chezt]

hummmmmm haven't got time to dissect the situ at the mo Chezt, I'd be interested in what LFI and Bill thinks about your claim situation.........if you were going to really go for it, I suppose you could amend your POCs and claim the whole lot back????? anyone?

 

Wxxx

can you post what you've come up with so far for a letter?

 

That's what I was wondering .... ?? I'll finish fiddling & post later when chufta's in bed

 

Congratulations - you have just qualified for my standard sod-off reply !!!

 

I have to tell you that there is currently a dispute over the quality of my advice and opinion. Until such time that it is adequately resolved, I do not feel able to safely offer any assistance. I am so sorry.

 

Bill.

 

XXX

 

Sod Off yourself Bill ..... It's me n 'er ur talkin to here mate & we just WON'T take it .... Will we Willow!? This is MY thread so just blimmin post a reply/advice will ya!

[Guest willowb]

Yeah ya big smelly ape, save ya chest beating for somewhere else!

 

Wxxx:p

[chezt]

Yeah ya big smelly ape, save ya chest beating for somewhere else!

 

Wxxx:p

 

He's not listening is he Willow! He'd better had tho ... spesh as uv changed ur avatar specially for him!

 

Still letter fiddlin hun ... try n get summat posted for the morn!

[bill-k]

OK, OK, already !!!

 

Seein' as Willow's got rid of Mrs Doubtfire's wicked sister - here y'are.

 

The original intention I had of requesting a copy of the original signed executed agreement with Littlewoods pusuant to Section 78 of the Consumer Credit Act 1974 was based on my experience with them a coiuple of years ago when they wanted Mrs K to sign a new agreement with them before they would pay her commission (which had been earned under the original agreement with them). My intention here was to give you an extra string to your bow to put you in a better position during the expected haggling process, and also possibly extra ammunition in court, or even a means to keep it out of court. The precise way in which you choose to implement this information is of course a choice you have to make yourself, and I most certainly would not wish to be seen to have influenced this decision in any way, shape or form on this forum. Furthermore, notwithstanding previous and current action subsequent to my proferring of sincerely held but mistaken beliefs, I hope you will understand my earnest desire to avoid being buried under a pile of rude and irate moderators yet again, like an american football player, for so doing. This advice is, of course, issued entirely in accordance with the terms, conditions and regulations in Bill-k's publications and notices heretofore posted in various places in the CAG forum, and notified in my signature, affixed hereto, and downunder.

 

So there !! Now open your email !!!

[chezt]

Here Willow ... a very rough 'start' to my next step letter ...

Consumer Credit Act 1974 s78 (1) Demand

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxx

I have written to you on several occasions in relation to my request for you to supply me with a true certified copy of the credit agreement under which this account is conducted. You have failed to supply this as no such agreement exists. You have only provided a copy of a recently printed agreement which is not what I requested and does not comply with your legal requirements. You have also failed to provide the other documents you are required to supply under sections 77 and 78 of the Consumer Credit Act 1974. (??? dunno about wording of that bit yet!)

 

Consequently I do not acknowledge any debt to your company.

As you will be aware, non compliance with my request means that your company has committed a criminal offence under Section 77 (4) of the Consumer Credit Act 1974, summarily punishable by a Level 4 fine on the standard scale of up to £2500.

I remind you that a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and is therefore a complete defence to any court claim that is issued. Please take note that any legal action you may contemplate will be vigorously defended and contested.

I also contend that the money that you have obtained from me has been unlawful since you have not provided me with any documentation to prove the contrary, and under common law you may not profit from an unlawful act. ((Dunno about this bit cos I don’t think I wanna claim owt back ... just get debt written off???))

**** I need to mention reporting their actions to the relevant authorities too (ie complaining to Trading Standards and OFT about their conduct in the matter and their suitability for holding Credit trading licence) *****

I trust the above is satisfactory and will enable you to deal with the above accordingly. I trust this clarifies my position regarding this. (?)

Yours ..... chezt

As for the rest of the info ... I think I need to get a copy of my credit file & see if a default has been registered as I will need to deal with that too ... I’m still playing with the wording from the letter u posted willow which I’m tryna ‘tweak’ to fit my situation ... again ...very rough ATM as I don’t think all of it is relevant/suitable!

Also I noticed this in a post by looking for info,,,,,

‘’ However if you take them to Court, whilst they will still face a fine, they will try to make sure that you will have to pay them.’’

Looks like I ought to cancel the court action against them now then don’t u think? Could do with some input on this really .... if LFI’s not around to comment do u think ur mate Zoot can help ... ? (Is this in her line of expertise?)

I really wanna get this done but I need some help! :?

[chezt]

Ahhhh there u are Bill! I knew the power of our female pursuasion (THREATS!!) would bring you to comment

OK, OK, already !!!

 

Seein' as Willow's got rid of Mrs Doubtfire's wicked sister - here y'are.

 

hehe! That's a good description!

 

So there !! Now open your email !!!

ah OK ... not done that for a while! :o

[Guest willowb]

Well, Chezt after *hiccup* 3 glasses of shiraz I don't feel that I can *hiccup* dissect this situation to the best of my sober abilities SO I will endevour *lol* to check with you tomorrow and try and make good the farcical *lmao* performance I have given you tonight *PMSL*

 

 

Wxxx

[chezt]

Well, Chezt after *hiccup* 3 glasses of shiraz I don't feel that I can *hiccup* dissect this situation to the best of my sober abilities SO I will endevour *lol* to check with you tomorrow and try and make good the farcical *lmao* performance I have given you tonight *PMSL*

 

 

Wxxx

 

PMSL! Yeah ok hunni ... I quite understand! You go sober up somewhere n come back when u are not under the influence! I can get myself into a pickle all by myself without taking advice from a pi**ed up, ageing, gun yielding woman with 'them' eyes!

[Guest willowb]

 

Consumer Credit Act 1974 s78 (1) Demand

 

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxx

I have written to you on several occasions in relation to my request for you to supply me with a true certified copy of the credit agreement under which this account is conducted. So far you have only provided a copy of a recently printed agreement which is not what I requested and does not comply with your duty under the the Consumer Credit Act 1974.

 

 

77 Duty to give information to debtor under fixed-sum credit agreement

(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,-

 

(a) the total sum paid under the agreement to the debtor;

 

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

 

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fail to be ascertained.

 

(4) If the creditor under an agreement fails to comply with subsection (1)-

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

(b) if the default continues for one month he commits and offence.

 

Consequently I do not acknowledge any debt to your company.

 

 

Your company has now committed a criminal offence under Section 77 (4) of the Consumer Credit Act 1974, summarily punishable by a Level 4 fine on the standard scale of up to £2500.

 

I remind you that a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and is therefore a complete defence to any court claim that is issued. Please take note that any legal action you may contemplate will be vigorously defended and contested.

 

I also contend that the money that you have obtained from me has been unlawful since you have not provided me with any documentation to prove the contrary, under common law you may not profit from an unlawful act.

 

I have also enclosed a statutory notice requesting that you cease processing any adverse data regarding the account to the CRAs. If you do not comply with this Statutory Notice within 21 days, I will be forced to take legal action.

 

Yours......

Now, this leaves it open. If you get a 'satisfactory' response from them then you can drop your claim if you wish. If you do not then you can amend your POCs to include the default and the total amount you have paid them to date (due to CCA s.77 non compliance)......this is how I understand it Chez but it will need approval.

Wxxx

[chezt]

 

 

 

 

Now, this leaves it open. If you get a 'satisfactory' response from them then you can drop your claim if you wish. If you do not then you can amend your POCs to include the default and the total amount you have paid them to date (due to CCA s.77 non compliance)......this is how I understand it Chez but it will need approval.

 

Wxxx

 

Cheers hunni ....ur an absolute star! Thanks (never thought to actually quote the act!)

 

Do you think your mate zoot would be able to do that? (approve it I mean) When I've been reading round I noticed her helping on a few cca issues ... what d'ya think?

 

I need to get on with the stat notice I started now then don't I?

[Guest willowb]

Yes, I posted it earlier in the thread....didn't I? I can link it from the 'templates' section if you like?

 

The move is;

 

1. you stop paying them, 2. they cancel the debt and remove the default 3. they don't cancel the debt and don't remove the default (within the 21 days) then your POCs will have to be amended to include.....a) non-compliance with the stat notice and b) non compliance with CCA (but we can deal with that later on).

 

Get the letter and the stat notice in the post on monday and start counting!

 

That's my take on it but I'll certainly pm Zoot to ask her but I know that she's extremely busy with the erc claims....I'll try though.

 

Wxxx

P.s thank you for what you said in the CI thread, I'm ok now....over it!

[chezt]

Willow I've just looked back & you posted that a stat notice was not applicable as the debt was in place (http://www.consumeractiongroup.co.uk/forum/post-491295.html) Presumably we now go down this route as I am disputing the debt as they've failed to provide the CA?

 

I've looked for the stat notice & obviously can't see for looking ... where the blimmin hell is it hiding? off for another look! :-?

[chezt]

Think I found it ...

 

Notice pursuant to s.10 of The Data Protection Act 1998.

is it that?

[Guest willowb]

Yes that's right, the debt is unenforceable so therefore they shouldn't be processing your data. I've asked Zoot to have another look at your thread, I don't know when that will be as she's busy. It seems perfectly logical to me that when you write and tell them that you are stopping payments and no longer acknowledging the debt that you send a stat notice re the default.

 

Wxxx

[chezt]

Yes that's right, the debt is unenforceable so therefore they shouldn't be processing your data. I've asked Zoot to have another look at your thread, I don't know when that will be as she's busy. It seems perfectly logical to me that when you write and tell them that you are stopping payments and no longer acknowledging the debt that you send a stat notice re the default.

 

Wxxx

 

Cheers hunni - that actually makes sense to me now you explain it like that (oh my overloaded busy brain!)

 

I'll get the stat notice printed now then it's get wrapped up time for me n lil chufta n a trip to the PO!

 

Thanks hun Xx:)

[chezt]

Willow I've just been reading the stat notice (it is the S10 DPA notice yeah?)

 

Anyway, unless I'm mistaken I think I'll have to seriously change the wording on it to suit my situation - would you agree? For example it all reads very much as admitting/acknowledging I have an account/debt with the company and mentions a contract - as they have defaulted the CCA request I am saying there is NO contract so therefore I didn't oughta send a letter saying there is should I?

 

Do you think I may be just as well using the final paragraph of the stat & incorporating it into the letter informing them of the default? OR is it better kept in a seperate letter for clarity's sake?

Just when i thought I was getting there! :-?

[Guest willowb]

Before I get a slapped wrist, I am not quoting the templates I am quoting my post#66, when I originally quoted the stat notice it was in a sticky in the 'legalities' section of the forum:p

 

Whereas I have been a customer of x Bank plc and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful.

 

I'll pm Zoot again, but as I understand it Chezt you are not denying that you ever had a contract with them when you request a CCA (otherwise why would you have ever paid them?) but you are exposing their inability to enforce the contract because they can't provide a copy of it....that's how I see it anyway. Can you pm Bookie or UK avatar to have a look for you Chezt? just in case Zoot is still busy;)

 

I'll catch you later, gotta bath the pixies:rolleyes:

 

Wxxx