Littlewoods Catalogue - Advice Please

[jaxads]

Hi - my friend, bless, had a littlewoods catalogue, and now owes them about £150, made up mostly of charges. It's gone to their inhouse debt collectors.

 

She won't do anything, but as I have been successful with the help of this site, I've said I'd help her out.

 

Can I send them the S.A.R - (Subject Access Request) as I would to banks and credit cards (I know I should know this by now!!)

 

Whilst the account is in dispute I understand they cannot do anything. Also, the charges are she thinks likely to come to more than what she owes them, so anything else would be a bonus.

 

Any advice would be appreciated.

[dollies01]

Yes send them a SAR and your £10 payment

I have done the same with additions

They responded very quickly too!

[jaxads]

Many thanks

 

any idea which address to use for Littlewoods - anyone??

[dollies01]

I would use the same address thats on the statements

If its not right Im sure they will pass it onto the right dept.

[Laiste]

Hi,

 

Catalogue debts are legally unenforcable. Your friend could do the SAR to see what charges have been levied, this could also be used to establish how much has been paid into the a/c over the lifetime of it and if your friend is so minded she could claim the entire amount paid plus the charges and compensation. Where credit is provided there must be a credit agreement, catalogues never provide one for you to sign, therefore the debt cannot be enforced.Your friend needs to do a CCA request, to obtain a copy of the credit agreement.They won't provide one, only excuses as to why they don't need to, which is rubbish!

 

Tell your friend to get copies of her credit file from experian, equifax and callcredit. They will probably have put something on one of them. This is defamation of character because you cannot record details on the CRA's files for a debt that is legally unenforcable!

 

I hope this is useful.

 

Laiste.

[jaxads]

Hi - does anyone have an address for Littlewoods - I think its Slaley Avenue, but cannot find any statements to hand!! thanks guys x

[jaxads]

I've found the address now -- so do you think I should do the SAR and the CCA?? (This is complicated - my claim with halifax was so straight forward!!)

[Laiste]

The SAR and the CCA serve different purposes. If your friend's objective is to claim back what she has paid into the a/c and recoup charges,then the SAR is essential. The CCA is for the credit agreement.

 

You need to read around the site to familiarise yourself with what you need to do. Of course things will seem less than straightforward until you acquaint youself with the knowledge you need to take this company on.

 

Regards,

 

Laiste.

[OldBear]

Where credit is provided there must be a credit agreement, catalogues never provide one for you to sign, therefore the debt cannot be enforced.

Hi Laiste,

 

Need to correct you on that.

 

I know you're talking about catalogues in general, but what you've said above shouldn't be accepted as a hard fact.

 

Can I just advise that, depending on what you buy, there are occasions when they do provide a credit agreement to sign.

 

My OH bought a pair of sofas from GUS over 100 weeks and they definitely provided a CCA for her to sign and she got a copy back by return from them.

 

Hope this helps.

 

OB

[Laiste]

Hi OB,

 

Always a pleasure! In my very long experience with catalogues they do not provide credit agreements. Perhaps this is a new development, given the value of such goods. I don't mean to insult either yours or your OH's intelligence, but are you absolutely sure it was a credit agreement? If it is, then I need to do some more research on high value goods and catalogues. In the main, these agreements are unenforceable. If you could PM me a copy of the agreement your OH signed, I would be very appreciative!

 

Kind regards,

 

Laiste.

[rob45uk2006]

Hi

 

Littlewoods no longer pay any 'cash back' without having received a signed credit agreement. They've done this for the last couple of years.

 

Rob

[OldBear]

I don't mean to insult either yours or your OH's intelligence, but are you absolutely sure it was a credit agreement?

Hi Laiste,

 

No intelligence insulted.

 

I don't have a scanner so can't PM you a copy. (I doubt my OH would allow me to do that anyway).

 

However, it's definitely the genuine article. It has everything it's supposed to.

It's signed by her;

it's signed by their representative;

it's dated by both parties;

it shows the amount of credit, the interest due and and the total due back;

it shows the APR and the schedule of payments required to pay the debt;

it has a separate 'YOUR RIGHT TO CANCEL' setting out the terms of the cooling off period, (in this case 14 days);

it sets out her rights, their rights, and gives advice on how and where she should seek advice if either party breaks the contract;

and the biggie...

 

it has "Credit Agreement Regulated by the Consumer Credit Act 1974" plastered right across the top of the page, and...

 

it does contain the advice that it IS a Credit Agreement regulated by that Act and that she should only sign if she agrees to be legally bound, etc, etc.

 

I'd say that it was 100% the genuine article. They've left nothing to chance with this document.

 

OH says she has always had one when buying from GUS. Not only for her, but for her customers when she has been acting as their agent.

 

Hope this helps.

 

OB

[jaxads]

When you say "cash back" do you mean the old style "commission"?

[InKogneeToh]

Hi all

 

I have also had a 'proper' credit agreement with catalogues in the past. One of them (Freemans, I think) wanted the agreement signed as part of the start up process and that was many years ago. Others have sent me agreements to sign only on 50 or 100 week term orders. I have also had many accounts with no agreements, but they definitely do have them in place sometimes!

 

I think the issue is - do they have a copy now? Some catalogue debts will never have been subject to a formal agreement, others may have been but the document may be lost or improperly executed.

 

A CCA request is essential before challenging any catalogue debt, just in case.

 

Regards, Pam

[rob45uk2006]

When you say "cash back" do you mean the old style "commission"?

 

Yes - works the same way aswell

[jaxads]

Took some time, due to computer problems, but SAR now finally sent to Littlewoods. Watch this space!!!!!!

[jaxads]

My friend has received a huge bundle of papers from Littlewoods. She has highlighted her charges for "administration" to be £240. These range from £5 to £10 to the occasional £15 charge. Are administration charges reclaimable??? I know I should know this, but just wanted to double/treble check.

 

Thanks guys.

 

jaxads xx

[OldBear]

Are administration charges reclaimable???

If they are making profit from them and you believe they are more than a reasonable amount to cover their actual costs? You bet they are reclaimable.

 

Go for it!

 

OB

[jaxads]

Thanks OB !!

[oz4725]

Hi Jaxads

 

I to am going thru some shenanigans with Littlewoods on behalf of my mother in law. A tip if i may. If/when you SAR them have a close look for something called extracare or extracare 500. Basically its payment protection charched at 1.98% of the balance.

 

My argument is on what authority do they instigate it and it states in the policy on the 3rd month of default, it ceases but they have charged my MIL every month for another two years for a void policy. Just over £500 handed to Debt Managers, £240 in charges, £178 in extracare. I've CCA them too and they default on tuesday if nothing comes. I spoke to debt mangers briefly to find out if the debt had been sold or passed to them and i put the phone down on them before i jumped in the car, drove to scotland and did something i'd regret. They were very ignorant to say the least.

 

I have a thread going but the uptake was very slow but if/when i hear anything i'll let you know straight away.

 

Good luck mate.

 

OZ

[jaxads]

Thanks for that Oz, I'll double check my statements. Good luck!

[molly316]

hi, my Littlewoods account was passed to Moorcroft first who wrote to me and said they couldnt provide a CCA, so the debt was returned to L/woods

 

A few weeks later, Im being chased by Debt Managers Ltd!

 

New CCA request to them going out today

[PaulW922]

I had dreadful hassles with Littlewoods. I had a catalogue and closed my account, paying it off. Five and a bit years later I find the debt is recorded against an old address at Equifax by Littlewoods, and showing in default. I contacted Littlewoods whose only response was to move the default to my current address! They then told me that I had to prove I had paid it etc, etc - clearly basic civil law doesn't apply to them - I just did nothing and a few months later it dropped of my credit file under the six years rule.

 

If I had kept quiet and not asked them about it, I would have been better off as the default would have stayed at the old address.

[babynan]

hi, my Littlewoods account was passed to Moorcroft first who wrote to me and said they couldnt provide a CCA, so the debt was returned to L/woods

 

A few weeks later, Im being chased by Debt Managers Ltd!

 

New CCA request to them going out today

Hi Molly

My son is havng the same problems, I have a thread going about this. In 2001 he ordered good for 150.00 he has since paid back over 400.00 because of PPI and 'Extra -Care". This went to Moorcroft and the Debt Managers. He has sent a CCA and NOT the DCA but Littlewoods have sent back a photocopy of an credit agreement, and then have written his name and address on this, but it does not have his signature, the date is blank as well as his DOB. During this time (paths crossed) Debt Managers have contacted Russel+Aitkens who have informed my son that they will start court proceedeings for a further 395.00 costs made up from late payments charges and PPI etc. He will now be sending a SAR to Littlewoods, but I have been told that the agreement they sent back is invaild, so hold fast I think that you will get the same sort of thing, I dont think that they have any credit agreements.

[molly316]

Hi Molly

My son is havng the same problems, I have a thread going about this. In 2001 he ordered good for 150.00 he has since paid back over 400.00 because of PPI and 'Extra -Care". This went to Moorcroft and the Debt Managers. He has sent a CCA and NOT the DCA but Littlewoods have sent back a photocopy of an credit agreement, and then have written his name and address on this, but it does not have his signature, the date is blank as well as his DOB. During this time (paths crossed) Debt Managers have contacted Russel+Aitkens who have informed my son that they will start court proceedeings for a further 395.00 costs made up from late payments charges and PPI etc. He will now be sending a SAR to Littlewoods, but I have been told that the agreement they sent back is invaild, so hold fast I think that you will get the same sort of thing, I dont think that they have any credit agreements.

 

 

Eeek thats disgraceful ! unusally my DCA just admitted they didnt have a CCA at all, and I really thought that was the end of it, but apparently they or Littlewoods themselves have just transferred it to another DCA... Hmm I wonder if they can magically make one appear!

 

We shall see, lol

 

EDIT: 03/04/07 - nope, theyre now in default... what a suprise! have started my own thread, see http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/79417-molly-littlewoods-inc-mercers.html#post701653 time to send CCA request to L/woods themselves