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

[chezt]

Can you pm Bookie or UK avatar to have a look for you Chezt? just in case Zoot is still busy;)

 

 

Hi hun .. I've pm'd UKAvatar n left a message in another thread for bookie .... I don't mind admitting this is really confusing me now as to where next! I'm really thinking that I will have to cancel the pending court action for refund of charges as that will be heard before the stat notice expires - I dont think at this late stage it would be advisable to amend the claim would it? my thinking it would be easier to start fresh action to remove the default etc at a later date if needs be?

 

This is just my thinking BTW & I am TOTALLY open to be corrected as to the best way to approach this .. as I said before .. this is me

[Bookworm]

Chezt, hun, I'm really sorry, but default stuff goes whoosh over my head. (Had you not noticed I went really quiet as soon as the convo went onto defaults previously? )

 

Jonni2bad went on a default removal court case, might be worth asking him?

 

Sorry again.

[chezt]

Chezt, hun, I'm really sorry, but default stuff goes whoosh over my head. (Had you not noticed I went really quiet as soon as the convo went onto defaults previously? )

 

Jonni2bad went on a default removal court case, might be worth asking him?

 

Sorry again.

 

Thanks for popping by hun - I think Willow is probably right with her advice tbh - I just think she'd feel 'safer' with a mod nod IYKWIM?!

 

Could do with Looking for Info popping by ... I think it's his/her 'thing'

 

ps - one one of LFI's posts it stated ...

" ‘’ 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.’’ That's what has me thinking I oughta cancel the court action against them now .... don’t u think?

[lookinforinfo]

Chezt, sorry mate, I keep dropping in and out of your thread and finding

it difficult to catch up at times.

Two questions-

1] have you had any response to the letter you sent earlier in the month [13th]

2] have they defaulted your account?

[chezt]

Chezt, sorry mate, I keep dropping in and out of your thread and finding

it difficult to catch up at times.

Two questions-

1] have you had any response to the letter you sent earlier in the month [13th]

2] have they defaulted your account?

I didn't have a reply to the letter in which I reminded them what they supplied wasn't what I requested or what was required & Yes they have now defaulted - Thanks 4 joining!

[lookinforinfo]

Chezt, they have totally failed to comply with the Act, so if you are sure that you are past the twelve working days plus two days plus a further month, the debt is unenforceable without a Court Order.

 

I'd be inclined not to write yet and point this out. First you are still awaiting

a response from your last letter, and not sure that an indecent haste to

confirm the situation would go down well with Judges who are conscious of

the unfairness of companies losing out through a technicality.

 

Moreover, judges tend to be fairly indulgent with companies/people who are

a bit late in delivering documents so I wouldn't start firing letters of yet.

 

I would leave it at least a couple of weeks over the due date before making

any move. Not sure why you are getting in a state about the contents of the statutory demand, or even why it is necessary.

A simple letter stating that as they cannot produce the original agreement

makes the debt unenforceable, and without proof of your consent to

process your data, then they must cancel the default. If they ignore that,

then the likelihood is that they would ignore the statutory demand anyway.

Just depends on the company you are dealing with.

[chezt]

Got this pm from jonni2bad who ok'd me to post it here ...

 

Ok, this is quite a mix of things then

 

I'm familiar with default removals as part of claims for charges, but not familiar with CCA actions.

 

Did your court claim include reference to a default removal, or charges only?

 

If charges only, I can't see why ending the claim should hinder he work under the CCA side of things later.

 

If it did, then what were the level of charges imposed at the exact date that you were defaulted, and how much was the default value. (I word that specifically in case there were further charges on the account after the default date, which are not a primary concern in relation to default removals)

 

Again, if chasing default removal as part of the claim, what version of the Particulars of claim did you use? Also, are you familiar with the Data Protection Act so that you can argue the case in court? i.e. do you understand why the DPA is effectively used to gain the removal?

 

Please feel free to post this in your thread - I should really, but It's quicker for me to do this

 

My reply to Jonni ...

 

My POC was for charges only as there was no default in question at the time as far as I'm aware ... I'm not 100% sure there is one of yet TBH - I'm gonna register to get one of those free credit files I think to see what damage has been done!

The charges are for about £320 & the default will probably be for the whole debt of about £1600

I just used the standard POC from the templates library as I filed on MCOL so space was limited

I understand the DPA can deal with the default removal as the default amount is innacurate due to the unfair charges & therefore innaccurate info has been submitted. Is this what you mean?

Also isn't there something in there about them not producing a credit agreement & therefore being unable to process data?

I've posted your reply on my thread as u suggested & lookingforinfo has posted now too - he says I should 'just do a simple letter stating that as they cannot produce the original agreement makes the debt unenforceable, and without proof of your consent to process your data, then they must cancel the default'

I really wanna get moving on this too as My court bundle should be in next week so if I'm gonna cancel the hearing then I need to act sooner rather than later

I really appreciate everyone's help & advice on this one .. it's far too much for me to 'go alone' so THANKS EVERYONE!

[chezt]

Chezt, they have totally failed to comply with the Act, so if you are sure that you are past the twelve working days plus two days plus a further month, the debt is unenforceable without a Court Order.

 

Yes - the letter was dated 23rd December but signed for by them as received on 3rd january so it's deffo expired! (2weeks on Monday I think!)

 

i'm really not sure they will bother to reply to my other letter ... i posted that on the 14th Feb so they should've had that a week now ....

[chezt]

OMG!!! Guess what ...

I WON!!!!!

just got home today to a letter from LW solicitor settling without prejudice in full for charges + interest!

The only condition is that the amount will be deducted from the outstanding balance which is fair enough as at least it brings down the debt. I just have to sign the form to accept & send it back!

 

I can't believe it .. I'm chuffed

 

it's marked without prejudice so I presume I can't send a letter to the courts & that I should just send a letter explaining that they have settled & therefore to stop the case?

 

This really takes the pressure off now so i can just wait & see if I get a response to my letter I sent almost two weeks ago & then take it from there re the default & the CCA Request non compliance etc ... hopefully get the rest of the debt written off!

 

THANKS AGAIN to EVERYONE for helping (although please don't dissappear as I obviously aint finished yet )

 

hehehe ... can't stop grinning

[lookinforinfo]

Chezt-that's great news, I am really pleased for you. And it helps to resolve the dilemma you are having with that Court case.

However-don't send off the letter to the Court until everything is actually

agreed. For instance, while it is ok for them to use the refund of charges to reduce the debt, it is certainly not ok for them to include your costs that

you incurred to further reduce your debt. Those should be paid to you in a separate cheque.

Think about what you want from this settlement and then write to LW

acknowledging their letter, and laying down what you want out of the settlement, then confirming that when everything has been mutually agreed, you will inform the Court that agreement has beern reached.

 

And once again, congratulations.

[bill-k]

CONGRATULATIONS,

MY OLD MATE !!!!!

 

That'll give wee chufta muffin summat to dance about again !!!

 

I'm actually missing her.

 

 

 

[chezt]

CONGRATULATIONS,

MY OLD MATE !!!!!

 

That'll give wee chufta muffin summat to dance about again !!!

 

I'm actually missing her.

 

 

 

 

Hey where did you find my muffin ???? What a luvly surprise!

luv ya! (BUT LESS OF THE OLD!!!!)

[chezt]

Chezt-that's great news, I am really pleased for you. And it helps to resolve the dilemma you are having with that Court case.

However-don't send off the letter to the Court until everything is actually

agreed. For instance, while it is ok for them to use the refund of charges to reduce the debt, it is certainly not ok for them to include your costs that you incurred to further reduce your debt. Those should be paid to you in a separate cheque.

Think about what you want from this settlement and then write to LW

acknowledging their letter, and laying down what you want out of the settlement, then confirming that when everything has been mutually agreed, you will inform the Court that agreement has beern reached.

 

And once again, congratulations.

 

It certainly does solve that dilemma! I take it by my costs you mean (in this case) the £50 filing fee I paid? I hadn't thought of that actually so thanks! I've sat with me calc n worked out they are paying the charges + 8% + the filing fee (Well about 3 quid short but that could just be a difference in calculations)

 

They've sent a duplicate letter for me to sign & return as acceptance but I shall post my own letter stating that I accept the amount but want the £50 as a cheque to cover the filing fee.

 

Do you think I should mention the default notice & make sure no action was taken with it or shall I leave this fight for another day with the non-compliance stuff? I'm not 100% sure if they filed the default as yet .. I'm gonna register with one of those free online trial service thingys late & check I think ....

[Guest willowb]

I can't believe I've just pmed you, saying 'don't worry Chezt, it'll be ok'

 

 

Congratulations!!!! my sweet dancing muffin girl :D

 

And it really couldn't happen to a nicer person!

 

Wxxx

F**king hell...praise the Lord that's over!

[chezt]

I can't believe I've just pmed you, saying 'don't worry Chezt, it'll be ok'

 

 

Congratulations!!!! my sweet dancing muffin girl

 

And it really couldn't happen to a nicer person!

 

Wxxx

 

F**king hell...praise the Lord that's over!

 

Aww thanks hunni ... I know I just read your PM n thought *wait for it* ....

 

Hey don't disappear just yet tho eh ... still got the non compliance n poss default stuff to sort but at least now that's more straight forward without the court case looming to eh! (Might start another thread now for that ... ?)

[Guest willowb]

F**king hell...praise the Lord that's over!

 

Seems I was wrong:(

 

Wxxx

lol:p

[chezt]

Seems I was wrong:(

 

Wxxx

lol:p

 

You betcha!! nah .. I'm a lot happier n less stressed now

 

Just done a credit check with experian & they did register the default in december for the full balance ... should I ask that this is removed in my acceptance letter or save it for dealing with alongside the non compliance - as I will be aiming to get the rest written off anyway & along with it the default IYKWIM

 

I think the easiest/safest option is the latter due to the time involved with the looming court case deadline

[chezt]

How's this sound then (Yeah I'm back already! ) .....

 

Response to settlement offer.

 

Dear xxxxxxxxxx

 

Thank you for your letter received today dated xxxxxxxxoffering the amount of £xx.xx as full and final settlement of my claim ref xxxxxx.

 

I wish to confirm that I am willing to accept the sum offered to reduce the balance on the account as you suggest. However, I must point out that I expect payment of my costs, being the sum of £50.00 for the issue fee for this claim to be paid to myself by cheque payable to chezt.

 

Additionally you have entered a default notice against my credit record. Considering the fact that the balance-due includes unlawful charges and the minimum monthly repayment figure calculated reflects this inaccurate balance, I would draw your attention to Section 14 (1) of the Data Protection Act, where it states....'If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.'

 

I intend to point out to the Judge that if a somewhat decreased monthly payment was required by Littlewoods then at that time this payment may well have been met by myself and therefore the terms and conditions upheld and a default marker unwarranted.

 

If Littlewoods does not adhere to my request to remove the default marker from my credit file then I will seek an order from the Court under Section 14 (1) of The Data Protection Act 1998, as above, at the time of the hearing regarding the unlawful charges placed on the account. I will also draw the Judges attention to the fact that Littlewoods applied the default marker whilst the account was in dispute, besides being unethical it also left me without the opportunity to include it in my original particulars of claim. All supporting correspondence and evidence will be provided for the Judge's review.

 

Therefore I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

I trust this is satisfactory and I await your agreement of the above to enable me to write to the court advising that this claim has been settled satisfactorily.

Yours faithfully

chezt

 

EDIT: Following discussions with LFI & jonni2bad I've added the paragraph re the default removal so the above is now an edited letter ... wish me luck!

[OldBear]

Do the Muffin everyone, Chez won her fight.

 

 

About time, too; I thought you were never going to win this one.

 

Way to go, Chezt!!!!

 

Now that I know for sure that Littlewoods will pay out, I think it's about time for Mrs Bear to go after all her little 15 quidders (

 

Really happy for you, sweetie.

 

OB

[bill-k]

Do the Muffin everyone, Chez won her fight.

 

 

About time, too; I thought you were never going to win this one.

 

FOMTL !!! Yeah, I love it - do the Muffin !!!!

 

Sure beats doing the Time Warp - yet again, eh ?

[lookinforinfo]

Chezt, I have said it on other threads before-you will rarely be in as strong a position to get what you want than with a Court case loming, and the other

side looking to settle before the case comes to Court.

I know you want to get this over with and out of the way, but if you demand

the removal of the default into the bargain, it should be one thing less to

worry about with the DCA, or, this way, you get two chances to get rid of it.

Bear in mind that it is not the DCA that cannot locate the original agreement,

it is LW. As such, they do not have your permission to process your data and

you are thus perfectly entitled to have the default removed.

[chezt]

Old Bear what u like! Luvvin the row of dancing muffins - av u noticed what a fantastic set of dancers they are ... all in time You go for all them quidders ( ) they all add up!

 

Bill I can hear you singing again mate!

 

LFI ... I hear EXACTLY what ur saying mate ... got ur PM (Thanks!) **Bill another one here who thought I was a bloke!! **

 

How about if I add this paragraph from a previous unsent letter from the earlier days ...

 

Additionally you have entered a default notice against my credit record. Considering the fact that the balance-due includes unlawful charges and the minimum monthly repayment figure calculated reflects this inaccurate balance, I would draw your attention to Section 14 (1) of the Data Protection Act, where it states....'If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.'

 

I intend to point out to the Judge that if a somewhat decreased monthly payment was required by Littlewoods then at that time this payment may well have been met by myself and therefore the terms and conditions upheld and a default marker unwarranted.

 

If Littlewoods does not adhere to my request to remove the default marker from my credit file then I will seek an order from the Court under Section 14 (1) of The Data Protection Act 1998, as above, at the time of the hearing regarding the unlawful charges placed on the account. I will also draw the Judges attention to the fact that LW applied the default marker whilst the account was in dispute, besides being unethical it also left me without the opportunity to include it in my original particulars of claim. All supporting correspondence and evidence will be provided for the Judge's review.

 

Therefore I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

May need a bit of tweaking but I wanted to get it posted to see what u think before I dash to work ... I'll print it when I get home & post later.

 

What dya think?

[lookinforinfo]

That should do the trick.

 

PS About your gender. It was probably that Chezt gives off more masculine

vibes and Che is a male name [[Guevara].

[chezt]

That should do the trick.

 

PS About your gender. It was probably that Chezt gives off more masculine

vibes and Che is a male name [[Guevara].

 

 

OK I'll let u off thinking I was a bloke with that explanation then!

 

As for the added paragraph re default removal ... OK ... I'll be brave n do it .... GULP!!!! (wish me luck ... I'm a bit scared!)

[chezt]

I fogot to mention another letter received yesterday enclosing an N266, Notice to admit facts which was served on behalf of the defendant. It's a form (on behalf of the court) asking 'for the following facts of part of case in this claim ..

 

1. The claim relates to a credit account provided to the claimant by LW (the account')

2. That the date of final account prior to the claim balance was £xxx all of which was past due

3. That the balance of the account includes each of the charges referred to in paragraph 2 of the POC'

 

It also says 'we invite you to specify by return those documents on which you propse to rely at the hearing of this matter, in order that we may seek to agree these for purposes of a trial bundle

 

Should I be worried about that? In the offer letter it states that If I reject the offer from them that this notice still stands

 

Is anyone familiar with this form - could it be related to the fact they can't find the CA & can use this instead?