Me vs Littlewoods Catalogue

[kennyparkroad]

well their letter is due by the 28th (Friday) so if i have nothing on Friday or Sat ill be asking how i go forward on Monday, etc.

[kennyparkroad]

Well i phoned them again today to say i had no recieved their letter and was advised they have sent out a "holding letter" letting me know that they have been unable to finish their investigation set out in the 8 weeks as applied by the FSA and she assured me on the phone that it will only be a few more days before she gets the info she needs.

 

i informed her that, since they didnt have a signed agreement, and since they dont have terms and conditions that can be applied as there is no signed agreement, that any answer she gives me apart from "we will remove all info from credit file" will result in me taking them to court immediately.

 

so im still waiting on the letter, i have given her another 14 day period of grace and then i have told her i WILL commence Court action without further delay.

 

and i mean it, they have now until the 10th Oct to remove the info or court it is.

 

and when i take them to court, the judge will see ive been more than fair in the time ive allowed them to have

[kennyparkroad]

UPDATE

 

Final response has been finished, but is awaiting authorisation, so because it has not yet been authorised they cannot tell me anything, and DONT tell me anything as they say the only way i can recieve it is in letter form (i asked if they could fax)

 

Obviously with the postal strike the earliest ill get it is next Wednesday,

i am so sick fed up to the back teeth of this now, that even making a claim to take them to court has to wait so i can actually get this letter from littlewoods because i know they would use the postal strike as a reason for the "breakdown in communication"

 

im 90% sure that based on reactions im getting a bog off letter.

again looks like i just need to wait till a week monday (postal strike and catch up time for mail)

 

So the fight goes on, and oh yes i will win in the end.

[kennyparkroad]

no update to this yet, will phone on Monday and see if its been sent etc.

[shane5408]

Hi Kenny,

 

I think you're right, bog of letter probably on its way. they'll probably mark it as their final response as well. Have you thought about POC's for a claim against them? you'd need to incorporate the following:

 

the Claimant sent a request for the credit agreement under s78 of the Act

 

The defendant was unable to supply a copy of the agreement and made the decision to not pursue the alleged debt

 

Despite being served with a s10 notice to cease and desist the defendant has contined to process the claimants personal data and pass to third parties

 

By virtue of S 14(1) and (3) of the Data Protection ACt 1998 the Claimant seeks an order from the court that the Defendant shall stop processing and erase all data held in respect of the Claimant and notify all third parties of the rectification, erasure and destruction of the data.

 

regards,

shane

[kennyparkroad]

Update -

 

as predicted, a bog off letter

 

Here is the letter

 

 

 

" Dear Mr KPR

Further to our 30/08/2007 concerning your complaint in relation to the default applied to your account. Please accept our apologies that you have found it necessary to complain.

In the interests of improving the service we offer to our customers, all complaints received are taken very seriously and a full investigation is always carried out.

Our understanding of your complaint is as follows:

• You have requested the default registered on 09/04/2007 to be removed as your account was in dispute.

We have made a full investigation, assessed your concerns and can confirm our findings as follows:

I can confirm that we do not hold a signed credit agreement for this account. In the absence of a signed credit agreement, a letter dated 04/05/2007 was sent to you advising that the company had agreed not to pursue you for the debt. There is, however, clear evidence of a credit based relationship between ourselves.

You have advised that your account was in dispute however there is no dispute noted, only that there is no signed credit agreement for the account.

As the debt remains unsatisfied this will be noted on our internal file for future reference. This information will also form part of your records at the Credit Reference Agencies where we share information. This information will remain on your Credit Reference File for 6 years.

 

If you are charged interest on your account, any future interest charges will no longer be applied.

 

By providing your information to us for the purpose of ordering goods and opening a credit account, you have signified your consent to us processing your information. We outlined how we would use this information in our data protection policy at the time you opened your account. The policy also specifies that we will share information with the credit reference agencies regarding the performance of your account. We do not believe that the processing of your information is unfair and we are unable to cease such processing or sharing your information with the credit reference agencies. The historical record of the transactions on your account is accurate and it will remain on the files of the Credit Reference Agencies.

 

The entry recorded is an indicator of how you conducted the account. The account is recorded as ‘defaulted’ as payments were not received in accordance with our terms and conditions of trading. The absence of a signed agreement does not mean the debt does not exist, merely that it cannot be enforced

 

I can confirm that this letter concludes our investigations into your complaint. I hope our explanation meets with your satisfaction however, if this is not the case, you can refer the matter to the Financial Ombudsman Service (FOS). Please note that this service requires you to refer your complaint to them within 6 months from the date of this letter. Enclosed is a leaflet which explains the FOS in more detail.

Yours sincerely"

 

 

 

 

 

i know need help on what to do next - i think this proves that Court is the only action

 

although i have not written to the company secretary yet.

 

suggestions?

 

[HeatherMc]

Hi Kenny, don't really have any advice for you but just wated to say good luck! Hope you get them to take it off.

 

xx

[MoonHawk]

Well the question to ask is what is the "Default" based on? There must be an agreement to show how you have defaulted. And under the CCA, a default notice must be sent before a default is registered with a CRA, giving you the opportunity to address it before it is registered ... but there can be no default notice without a CCA.

 

It looks like court is the only avenue, but as further ammunition I would like them to explain on what terms the default exists. They can not just say conduct of account, as that implies there is a specified agreement.

 

One of the legal bods may be able to help with the wording.

 

Best Wishes

MoonHawk

[shane5408]

Hi Kenny,

 

Well we knew it was coming, utterly ridiculous they made you wait that long for a decision they had already made months ago.

 

The unfortunate fact in these situations is that in recent months the Information Commissioners Office has sided with creditors in that though the debt cannot be enforced due to lack of agreement nevertheless the debt itself exists and stipulates a valid contract between debtor and creditor. Based on this and subsequently by virtue of Section 2(a) of Schedule 2 of the Data Protection Act this allows them to report info pertaining to that debt with regard to the debtor to credit reference agencies so long as that debt exists. There is a letter somewhere on CAG from the ICO stating this, if anyone has it please upload it here.

 

they conveniently overlook part 1 of schedule 2 being that the debtor has to of given his/her consent for the data controller to process data.

 

IMHO should you instigate a claim against them for wrongful default / processing of data etc they will not defend it in court. I say this because they have stated they will not pursue the debt so financially there is no upside for them to do so and no reason for them to spend further funds in defending it. They were stalling for time and trying to drag this out as long as possible to try and dissuade you from taking it further.

 

regards,

shane

[ODC]

IMHO should you instigate a claim against them for wrongful default / processing of data etc they will not defend it in court. I say this because they have stated they will not pursue the debt so financially there is no upside for them to do so and no reason for them to spend further funds in defending it. They were stalling for time and trying to drag this out as long as possible to try and dissuade you from taking it further.

 

regards,

shane

I see your reasoning but not to defend Kennys claim would leave the door wide open for a lot of other Caggers to get similar defaults removed

[shane5408]

Hi ODC,

 

very true it does leave them potentially liable to a lot more cases. It is only County Courts though, legally speaking no precedent would be set but with a victory it would serve to strengthen others in Kenny's situation to pursue Littlewoods in the same way. I cannot guarantee they will not defend in full, spend the money and get legal team on board etc etc but I do think they will most likely acknowledge the claim, file a template defence, possibly try and get it stayed, try and claim they haven't enough info to properly defend via CPR 18 etc. But when it comes down to it I'm of the opinion they won't show or will settle before it gets to hearing.

 

kind regards,

shane

[ODC]

I agree with you Shane. I do believe they will put up a token defence and fold if it goes to Court. They have shown by their letter writing skills that they have a basic knowledge of the CCA. Just think of the millions of pound in credit they have lying round the country none of which is actually enforcable. Mmmmm it would interesting if people who are struggling to pay became aware of this. Im not saying people should avoid their debts but Im sure there are many out there who have overstretched themselves and would be grateful to know that their debt is probably unenforceable

[kennyparkroad]

ok,

 

writing to the company secretary in a last ditch effort.

 

 

have quickly come up with this but would welcome any alterations or suggestions.

 

 

 

 

 

KPR

 

Mr Ian Andrew - Company Secretary

Littlewoods Finance Company Limited

(Part of Otto UK)

Anchor House

Ingleby Road

Bradford

West Yorkshire

BD99 2XG

 

Shop Direct Financial Services

Fax Number 0870 263 5087

0870 263 5082

 

 

OCt 2007

To Whom It May Concern:

 

COMPLAINT

Name: Great Universal Catalogue

Reference:

Your reference:

 

I am writing to you in the hopes of finally resolving this very tedious and tiresome issue and to also prevent it from going to Court and essentially wasting Courts time.

 

On 18 December 2006 I requested a copy of the executed CCA for the above account, this request went unanswered for a period exceeding the 12 working days allowed by the Consumer Credit Act, as well as the further 1 calendar month meaning that your company committed a summary criminal offence.

 

On 04 May 2007 I received a letter advising me that since there was no signed agreement the company (Littlewoods) had taken the commercial decision to pursue the debt.

 

On 9 April 2007, a default was placed on my credit file in relation to that debt despite no signed CCA.

 

I have since written on numerous occasions requesting that all entries on my credit file therefore be deleted.

 

However these requests have went unanswered and I have been informed that the default registered is as result of the way the account was conducted in accordance with the Terms and Conditions.

 

I have pointed out, that the lack of a signed CCA, negates all Terms and Conditions related to the account but have only ever received the same response.

 

I therefore ask you, as company secretary, in a last attempt before Court Action, to authorise the removal of all entries on my credit file due to:

 

No signed Credit Agreement

 

Terms & Conditions are negated with lack of signed CCA

 

This default was placed whilst the account was clearly in dispute (as mentioned in my letter on 26 February and highlighted for your attention) and while your company was in default of my legal CCA request by exceeding the allotted time for response as set out by the CCA guidelines.

 

You should know and already be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute or while the company itself remains in default as per the guidelines of the OFT.

 

The lack of a credit agreement is a very clear dispute and as such the following would apply:

· You may not pass the account to any third party.

· You may not register any information in respect of the account with any of the credit reference agencies.

· You may not issue a default notice related to the account.

I would like to direct your attention to the last line.

 

Not only that, but by placing a default onto my credit file, you are implying that I broke the Terms and Conditions of a contract, however as previously stated – there is no signed agreement meaning no written contract.

 

Furthermore, you remain unable to provide such evidence of my signed consent to pass/share my data to third parties.

 

I hope we can swiftly resolve this issue, however, any correspondence sent to myself other than the notification that all entries will be removed from my credit file, will leave me with no other alternative but in instruct my solicitor to make a claim against Littlewoods for wrongfully placing a default on my credit file, to which I will be claiming for costs for my solicitors time, as well as the possibility of claiming compensation, as this is damaging to my credit file and in turn me by hindering my efforts to obtain further credit.

 

I include all previous correspondance for ease of reference.

 

I look forward to receiving a timely response.

 

 

Yours sincerely

 

 

 

 

 

 

KPR

[smartmartian10]

On 04 May 2007 I received a letter advising me that since there was no signed agreement the company (Littlewoods) had taken the commercial decision to pursue the debt.

 

Pursue or not pursue?

[surprise]

Kenny - this is the name and address I used for the Company Secretary and I was told by Littlewoods that it was the company secretary for their competitors.

[shane5408]

Hi Kenny,

 

you should send the letter to:

 

David Jones - Chairman

Littlewoods Shop Direct Group /

Trading as Littlewoods Finance Co Ltd

Skyways House

Estuary Commerce Park

Speke Road, Speke

Liverpool. L70 1AB

 

regards,

shane

[ODC]

Kenny mate I think you will end up getting fobbed off again by some lackey who thinks you havent the balls to take them all the way (FOOLS). You will get fecked around for weeks waiting a reply and end up back where you started.

 

Call their bluff. Take them to Court. Nothing ventured nothing gained or to use the greatest motto on earth ''Who Dares Wins''

 

Thats my honest opinion as someone who has followed your thread from start to now. You have loads of friends on here who will give you all the help and support you need. You have a good case GO FOR IT

[shane5408]

Kenny mate I think you will end up getting fobbed off again by some lackey who thinks you havent the balls to take them all the way (FOOLS). You will get fecked around for weeks waiting a reply and end up back where you started.

 

Call their bluff. Take them to Court. Nothing ventured nothing gained or to use the greatest motto on earth ''Who Dares Wins''

 

Thats my honest opinion as someone who has followed your thread from start to now. You have loads of friends on here who will give you all the help and support you need. You have a good case GO FOR IT

 

 

ditto

[louiboy]

Go get them Kenny. Litigation's the only language the call centre monkeys understand.

[kennyparkroad]

ok so in line with taking them to court.

 

whats my next action? how do i go about it.

[kennyparkroad]

bump.

[louiboy]

Have a look in the Legalities forum further down.

 

First sticky thread.

[kennyparkroad]

Ty Will Look Now.

[kennyparkroad]

still not totally sure how to go about starting my claim after extensive reading, my head hurt lol

 

any suggestions welcome.

[HeatherMc]

Did you write to the company director?

 

xx