Me vs Littlewoods Catalogue

[stadium_arcadium]

That letter looks good to me:D And if they still ignore you then don't hesitate to carry out your threats (which I know you will)

[kennyparkroad]

too right i will.

 

ok ill send that letter off today recorded delivery for littlewoods, ive got a few options here

 

1 - what and see what experian come back with

2 - wait for a reply from littlewoods

3 - go ahead and complain to the ICO just now and still do steps 1&2

 

well Littlewoods have annoyed me to no end, so ill send them a letter, and do step 3 i think!

 

thanks guys

[joneshousehold]

Kenny, sorry I didn't respond earlier. I haven't been on line for a couple of days.

 

If Littlewoods have ignored your earlier letters and you want them to stop processing data I think the only way forward is a complaint to the Information Commissioner.

 

Incidentally I had a letter from the OFT that included the following 2 quotes

 

…the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise.

 

&

 

We note your concerns that in the absence of a copy of the original agreement someone's liability for a debt can only lead to further query. However in circumstances like this we would view it is as unfair practice under section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or provide details as appropriate when a debt is queried or disputed.

 

You might include these in your letter to Littlewoods. I would also consider reporting them to OFT because of their breaches of the guidelines of debt collection. It is a serious threat to their business if the OFT take action under S25(2) and the OFT will only take action if they get enough complaints

 

Incidentally, the OFT guidelines on cancellable agreements mentions exemptions for certain agreements from some parts of the Act and makes mention of mail order catalogues. It might be worth checking with OFT to see if there is an exemption in place.

 

Other than that default removal is dealt with in a separate thread in this forum somewhere so give it a search and see what you can find about how to get a default removed.

[ODC]

What an intersting thread. Surely Credit reference agencies have a Legal Duty to ensure their information is accurate. If some scummy DCA or Crapalogue Company registers a default against you and are unable to substansiate this by producing documentary proof then the entry would breach the DPA. Credit reference agencies seem to take the DCAs word above the consumer. I would be tempted to take on the CRA for holding false information about you. If they refuse to remove it contact them and ask for details of their complaints procedure and complain to them. I think its scandalous that Experian et al will show a default on your file just because the DCA says so. What proof do they have that the DCA is correct. Its time someone briought these CRAs to book for storing inaccurate data

[120805]

Well said ODC......

 

Any ideas on how to do this?

[ODC]

Well said ODC......

 

Any ideas on how to do this?

 

 

I suppose the simplest method would be to point out the defaults on your CRA file to the CRA. Ask them what documentary proof they have of these other than the word of a DCA (who lets face it are not renowned for honesty or record keeping)

 

Then remind the CRA of their legal responsibilities under Data Protection Legislation to ensure the data held on you is up to date and accurate.

 

If they cannot prove it then they should remove it.

 

I agree that this all sounds very simple in theory and indeed I wonder if any Caggers have tried it.

 

Its surely up to them to prove their information is accurate not up to us to prove it is inaccurate.

 

No doubt someone more learned than me will show me why its is not that simple

[kennyparkroad]

the probelm is when ive contacted the CRA's on behalf of other people, they always right back to say "we cant take the information off unless instructed by the creditor" despite me arguing "well they arent the creditor, the have admitted there is no credit agreement, so how can they be a creditor?"

 

Seems to fall on deaf ears

 

because my paperwork wasnt in order over the weekend, ive yet to send the letter to Littlewoods, although i will send it to them today, ive started a complaint with the ICO but because ive left my file at home (doh) cant get the dates i need to send that off today.

 

so today

 

Littlewoods letter will be sent.

 

ill let you know what happens.

[kennyparkroad]

popping to post office at top of road right now to post it while my manager is out! lol

[stadium_arcadium]

Lol, Kenny! Good on ya!

 

I think its scandalous that Experian et al will show a default on your file just because the DCA says so. What proof do they have that the DCA is correct. Its time someone briought these CRAs to book for storing inaccurate data

Hear hear ODC!!

[kennyparkroad]

update

 

no response from littlewoods as of yet.

[surprise]

Well, I've had yet another blank agreement - now 3 in total. I have also had a reply from one CRA and as you say they won't remove the information that the creditor has given them. I have 4 Creditors who have all defaulted by not supplying agreements and all four have issued defaults against me. Will be doing some more reading on getting defaults removed.

[kennyparkroad]

getting the default removed is the last step.

 

you should be focusing on getting them to admit they have no agreement, if they have sent you a 3rd blank agreement i would recommend taking it to trading standards

 

also ask them for the official complaints procedure and complain to them.

 

if they cant give you an agreement there is no debt, once you get that out the way you then tell them that since there is no proof of debt then you require all information on your credit file deleted.

 

 

but thats in the future.

 

take the matter to your local trading standards, and maybe consider filling out a DATA PROTECTION ACT complaints form with the ICO.

 

if i can be of any further help let me know,

[trojanska]

i`m sorry for butting in but after reading your thread i can see you`re "the daddy" for all things littlewoods.A lady in the directors office has written and told me they do not have a credit agreemnent for me,would you be as kind to write a letter for me as you seem to have all the right answers,thanks for your time,take care,i understand if you blow me out as i should`nt have cutted in!!

[pudsters14]

Hi trojanska, do you have the address for the directors office... Sorry 4 hijacking kenny! I may have completely missed it... seem to have come to a bit of a dead end with littlewoods ysee!

 

Great thread!

 

Pudsters14

x x x x x x

[trojanska]

i hope don`t get in bovver off Kenny for this,Kenny please forgive me!!I wrote to MOTA but littlewoods are no longer members but the lovely people at MOTA gave me this address: Mr M Newton-Jones,chief executive,Littlewoods Shop Direct Group,Kershaw Avenue,Crosby,Liverpool,L72 0LF.....hope this helps,take carexx:)

[kennyparkroad]

ok guys just read this

 

dont worry about butting in ill help as much as i can.

 

 

i will post a draft letter for you to use TROJAN.

 

Updates to follow!

 

 

PS - No updates as Littlewoods havent responded however, Experian have written to me to say they have written to littlewoods for a response about the information on my credit file.

 

 

 

right away to write this letter.

[Damselfish]

Hi,I have written to Littlewoods and NDR, requesting CCAs etc, and I have heard nothing. I sent the two weeks ago the final letter, informing them they were now breaking the law etc, recorded, still NOTHING! I'm not writing again!DF

[kennyparkroad]

Heres what you could send them.

 

 

 

I refer to your letter of (DATE THEY SENT LETTER) the contents of which have been noted.

 

Now that your company has stated in writing no agreement can be produced for the alleged debt it is my position that no agreement could be produced because no agreement existed.

 

At this stage i would like to point out that a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974.

 

I now request to conclude this matter the following action be taken:

 

1 - Confirmation that the balance of the alleged debt is now nil.

 

2 - The immediate removal of all entries placed upon my credit files

 

3 - Any and all information held by your company on me be destroyed with immediate effect.

 

4 - your confirmation that the above has been effected within the next 14 days.

 

 

Failure to action the above will result in all information being passed to Trading Standards and the Office of Fair Trading without further warning to yourselves.

 

 

 

Yours sincerely

 

 

 

 

 

send this letter

 

give them their 14 days.

 

and then write to Experian and make a complaint under breach of the Data Protection Act to the Information Commissioners Office.

 

 

make sure you DO complain.

[ODC]

Heres what you could send them.

 

 

 

I refer to your letter of (DATE THEY SENT LETTER) the contents of which have been noted.

 

Now that your company has stated in writing no agreement can be produced for the alleged debt it is my position that no agreement could be produced because no agreement existed.

 

At this stage i would like to point out that a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974.

 

I now request to conclude this matter the following action be taken:

 

1 - Confirmation that the balance of the alleged debt is now nil.

 

2 - The immediate removal of all entries placed upon my credit files

 

3 - Any and all information held by your company on me be destroyed with immediate effect.

 

4 - your confirmation that the above has been effected within the next 14 days.

 

 

Failure to action the above will result in all information being passed to Trading Standards and the Office of Fair Trading without further warning to yourselves.

 

 

 

Yours sincerely

 

 

 

 

 

send this letter

 

give them their 14 days.

 

and then write to Experian and make a complaint under breach of the Data Protection Act to the Information Commissioners Office.

 

 

make sure you DO complain.

 

Very well put as usual Kenny

[pudsters14]

ok guys just read this

 

dont worry about butting in ill help as much as i can.

 

 

i will post a draft letter for you to use TROJAN.

 

Updates to follow!

 

 

PS - No updates as Littlewoods havent responded however, Experian have written to me to say they have written to littlewoods for a response about the information on my credit file.

 

 

 

right away to write this letter.

 

Thanks Kenny, didn't mean to go off thread, they are just ignoring me at the moment tho!

 

No change there then! LOL

 

Pudsters14

x x x x x x

[pudsters14]

i hope don`t get in bovver off Kenny for this,Kenny please forgive me!!I wrote to MOTA but littlewoods are no longer members but the lovely people at MOTA gave me this address: Mr M Newton-Jones,chief executive,Littlewoods Shop Direct Group,Kershaw Avenue,Crosby,Liverpool,L72 0LF.....hope this helps,take carexx:)

 

Thanks it is much appreciated, and i've apologised to kenny

 

Hopefully a stern letter to this address may get the ball rolling again!

 

Thanks again

 

Pudsters14

x x x x x x

[trojanska]

thank you soooo much Kenny,good luck with your quest!! and good luck to you Pudsters,take care xx

[kennyparkroad]

thanks ODC

[trojanska]

hello Kenny,letter written and sent,thanks again for your time and help,will let you know what they say,take care xx

[kennyparkroad]

what i will advise is that everytime ive sent then a letter recorded delivery its NEVER been signed for

 

Royal Mail are well fed up with me they are giving me a fivers worth of stamps everytime i prove it wasnt recieved

 

now into 5 complaints.

 

 

so ive had to send off special delivery.