Me vs Littlewoods Catalogue

[go for it]

watching

[Hulmey14]

Been watching and reading this thread since the start . I have one question.

 

If you where a customer of a catalogue agent , as was stated. The agent passed your details to the catalogue to collect payment. What proof do the catalogue have that you ever received goods???

 

And whats stopping an agent giving false information to the catalogue regarding customers???

 

1)the catalogue would then chase the alleged customer for payment

2) the alleged customer knows nothing about any catalogue bill

3) requests a CCA, gets nothing in return from catalogue.

4) debt becomes in dispute

5) credit file of alleged customer gets entry from catalogue

 

 

there has got to be some way of removing this entry quicker than what i have read.

[kennyparkroad]

not about proof that you recieved goods, its all about the correct paperwork.

 

someone could say to me, that i had a parcel delivered, and 40 people witnessed it, thats all fine and well but if they dont have the paperwork needed, they can go stuff themselves

 

 

so no there isnt a quicker way, the problem is companies are digging their heels in because they want to be in the right, and are kicking themselves for not doing things correctly, as a result the consumer sometimes gets punished, wrongfully, which is why we fight.

[Hulmey14]

Good luck Kenny , i admire your'e commitement and patience.

[vinegarvera]

Having worked for Littlewoods home shopping I am pleased to be able to give an answer for a change instead of asking questions!!

 

 

Been watching and reading this thread since the start . I have one question.

 

If you where a customer of a catalogue agent , as was stated. The agent passed your details to the catalogue to collect payment. What proof do the catalogue have that you ever received goods??? NONE!!

 

And whats stopping an agent giving false information to the catalogue regarding customers??? NOTHING!!!

 

1)the catalogue would then chase the alleged customer for payment

2) the alleged customer knows nothing about any catalogue bill

3) requests a CCA, gets nothing in return from catalogue.

4) debt becomes in dispute

5) credit file of alleged customer gets entry from catalogue

 

We worked on the agents word that the order was for a customer, this was never recorded anywhere and the only way we would know is if the goods were delivered to a customers address ( Even that is a grey area as the agent could have thier own goods delivered there if they were out!)

 

 

there has got to be some way of removing this entry quicker than what i have read.

You would think??

[conar686]

Having read the whole thread and facing the same situation as KPR here's my five pennyworth

 

1. The CRA as a data controller are mandated to ensure all information they hold on you is factual - yet they always cop out with we're not removing it unless the 'perp' authorises such. The Information Commissioners Office will not take action so to reverse this stance you need to take them to court.

 

2. On reporting Littlewoods to the Information Commissioners Office with non compliance of my s10/12 Data Protection Act notice their response was they can do nothing & advise my next step is court - does chocolate fireguard ring any bells.

 

3. On reporting Littlewoods to Information Commissioners Office with failure to prove I gave consent as they admit they cannot provide a properly executed agreement or any document with a signature authorising the processing my data. Their response was that this was a Grey area and one they would investigate & respond.

 

Grey because if it could be proved there was a trading agreement between both parties that would satisfy the necessary processing exemption under their guidelines.

 

The choices are these 'take them to court for breach of your Data Protection Act rights' with no help or assistance from Information Commissioners Office - IMO this has less than 50/50 chance of success or my preferred action is to go public & report this breach to the local Liverpool Press or National Press if possible.

 

All I need is the name of a Journo who would be interested.

 

Just had another thought Maybe Martin from MSE would be interested.

 

Sorry if this sounds defeatist, until the Information Commissioners Office grow a pair we have little recourse other than the courts to obtain official support in cases such as these.

[rory32]

Before going to court you have to demonstrate that you have exhausted all other avenues. If you don't the judge will be less than impressed and send you away with a flea in your ear.

 

If you do go to court ensure that the CRA is also included in your court claim.

 

IMO this has less than 50/50 chance of success

Based on what?

 

or my preferred action is to go public & report this breach to the local Liverpool Press or National Press if possible.

 

How interested do you think they'll be. I took out a credit card/loan/credit account, I spent the money/received the goods, I didn't pay them, I got the debt written off because they couldn't supply a copy of the agreement and now they won't remove the default on my account. Shock, horror!

[kennyparkroad]

well at this point i have

 

complained to the CRA's - no luck there

 

tried reasoning with littlewoods directly - no result

 

complained to ICO - have yet to hear back.

 

after that i think Court WOULD be the only other option as the rest have been exhausted.

 

although i havent used Littlewoods official complaints procedue but have requested it.

 

watch this space i guess.

[TheAnalyst]

Hi Kenny, as you know I'm in exactly the same boat ...

 

Littlewoods defaulted me.

 

CCA'd them they advised that A. they have no credit agreement, B. they do not send out default notices and C. that they would not be persuing the £263 owed.

 

I have written to them directly and complained to the CRA's but they are not interested in removing the default even when I offered to pay the full amount on the grounds that the default be removed.

 

I logded a complaint with the ICO on the grounds that without a signed agreement they dont have my permission to pass data to CRA's. ICO came back and basically said they dont need a signed agreement.

 

I just dont know where to turn next .... court action is not really an option unless you have paid the balance as the person a couple of posts above stated the court will not ruly in favour when it looks like you have dodged a debt, this was never my intention ... I'm happy to pay it but just want this default removed as they clearly have not followed procedures regarding default notice etc!!

[rory32]

I think you will find that court action can be successful in removing defaults. You are not arguing that you did not default on the debt, you are arguing that the default is not legally valid due to it either not being served and/or not complying to the regs and should therefore be removed.

[kennyparkroad]

exactly - thats where i am.

 

the default isnt legal because

 

1 - there is no CCA therefore no executed agreement which can be defaulted on.

 

2 - no CCA = the terms and conditions are also invalid therefore no default can be entered

 

and in my case

 

3 - when default was placed on file, it was clearly while the debt was in dispute, this is against the guidelines of the OFT.

 

they cant win, but fight to the bitter end, costing them more and more money.

 

where is the sense in that?????????

[harrythehawk]

They are stupid though Kenny, I have issued a claim against Choice for charges and pleaded with them to see sense but oh no we are defending .... get this ... but we will probably settle before the court date !! Sure enough defence received, AQ to be filled out tonight, it is only £150 but after all this with my interest and costs it will cost them a fortune, then I have to report them to Trading Standards and HMRC for having no proper CCA so it will cost them more ... thinking of letting the judge know too !! Utter madness, you would think common sense would prevail when defeat is inevitible ... they remind me of the Black Knight from the Holy Grail ... we are invincible !!! ..... have visions of leaving court with my victory and some urchin from Choice shouting "I see, running away !!"

[ODC]

and pleaded with them to see sense but oh no we are defending .... get this ... but we will probably settle before the court date

 

 

It just shows how incredibly stupid these muppets are. Still its their money and they will be the ones to look foolish in court.

[shane5408]

subscribing, will soon be taking on Littlewoods + flexi account, Grattan, Choice, Kays, Studio and Next! Sounds like I'm in for some fun!

Having spent the last 30 mins reading this thread it seems that the majority of these companies do not keep copies of executed credit agreements hence making them unenforcable. Once you begin this process at some point be it within the 1st month or later on after they have tried using DCA's etc they will write the debt off/ not enforce it and default you.

 

It seems court action is the only recourse to really walk away 100% successful (ie get default removed), therefore I wil begin thinking about my Particulars of Claim wording now for my N1 form when the time comes!

 

Kenny have you issued a claim yet against Littlewoods for the default and subsequent compensation regarding you looking to buy a house, obtain credit etc?

 

are you taking any further action against the CRA's?

 

kind regards,

shane

[kennyparkroad]

have not issued a claim at this point, i gave littlewoods 14 days which expire this coming Wednesday, after that i will see what happens.

 

Have yet to complain to CRA's using their "official complaints" but dont expect anything there when/if i do.

 

PM me the link to your threads once you start them, and ill be glad to help.

[ODC]

Have yet to complain to CRA's using their "official complaints" but dont expect anything there when/if i do.

 

Considering one of the CRAs owns Westcrap I wouldnt expect any help from them. In saying that I think its disgusting that someones Credit Score can be decided by a totally biased crowd who are in an incestuous relationship with the DCAs. I really wish the Data Protection Registrar would take a look at these ****.

 

They quite happily believe any sh!t the DCAs tell them NO PROOF REQUIRED. You complain about the information the CRA holds and you have to prove the DCA is lying. I just wish someone would take these CRAs on.

[conar686]

Rory 32 wrote;Before going to court you have to demonstrate that you have exhausted all other avenues. If you don't the judge will be less than impressed and send you away with a flea in your ear.

 

Like KPR

 

Asked Littlewoods to remove all reference to their org from my credit report as they do not have my permission to process - they said no

 

Served them with S10/12 notice - no effect

 

Asked CRA to remove on same grounds as above - they said no because Littlewoods have to ask. Reminded them they have to ensure all data is accurate, they still say no.

 

Phoned & reported it to ICO they say can't help take them to court if they have ignored your s10/12 notice.

 

Exactly what else can I do that I have not already done - sport.

 

How interested do you think they'll be. I took out a credit card/loan/credit account, I spent the money/received the goods, I didn't pay them, I got the debt written off because they couldn't supply a copy of the agreement and now they won't remove the default on my account. Shock, horror!

 

It was a suggestion born out of frustrations in trying to clear inaccurate data from my credit reference report. Willing to listen to any other reasonable suggestions. Court is not an option as I can't afford it

 

Not sure what your point is here you seem to be implying that I've avoided my responsibilities, if this is the case may I respectfully remind you they chose not to pursue the debt I at no time made such a request. It is about time technicalities worked for us not Mr Big.

 

Thanks anyway Rory

[conar686]

Rory 32 wrote: think you will find that court action can be successful in removing defaults. You are not arguing that you did not default on the debt, you are arguing that the default is not legally valid due to it either not being served and/or not complying to the regs and should therefore be removed.

 

Where do you go if you can't afford the court fee

[shane5408]

Where do you go if you can't afford the court fee

 

hi conar,

 

in certain situations it is possible to have the court fee waived or reduced, depends on your personal circumstances, have a look at the following website, this contains guidance notes and can tell you whether or not you qualify. you can also download the form you will need to fill out

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=168

 

also have a look at Community legal services direct, they can offer free legal aid if you qualify, i would suggest calling them and explaining your situation

Community Legal Service Direct

 

kind regards,

shane

[rory32]

Exactly what else can I do that I have not already done

Followed the ICO's advice.

 

Where do you go if you can't afford the court fee

I think shane has given you some options on that.

 

Not sure what your point is here

Then I'll clarify - the papers wouldn't be interested and it would get you nowhere.

[rory32]

I word of advice, if you do go the court route include the CRA in the claim. While I appreciate it is frustrating being continually told by each organisation that they can't/won't help you, you do have to go through the procedure before going to court. You must show that you have exhausted all other avenues. If you include the CRA in the claim they are very likely to fold before it goes to court.

[shane5408]

hi rory,

 

do you know of any other instances that have gone to court for cca non compliance? trying to gather as much info as i can before i submit my N1

 

from what i've read so far Uniboy is the only one who has instigated the claim whereas there are a few threads i have read whereby the OC or DCA have taken it to court and lost on cca non compliance:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/87159-balir-oliver-scott-3.html

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/90012-just-been-court-cl-7.html

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/90701-creditor-unable-supply-cca-4.html

 

if you know of anymore please let me know!

 

cheers,

shane

[rory32]

Shane,

Do you mean going to court to ensure that the debt is unenforceable or going to court to get defaults removed?

[shane5408]

Shane,

Do you mean going to court to ensure that the debt is unenforceable or going to court to get defaults removed?

 

 

actually both, i'm in the situation where some creditors have issued defaults against, some haven't though all have unenforcable agreements.

[rory32]

Debt mountain has had success with default removals through raising court actions.

 

With regards to no credit agreement, usually pointing out that they have not complied with the various anti money laundering regulations by keeping a copy of the agreement and threatening to reporting them to The Financial Crime Branch of HM Customs for this means that the debt is written off before the need to go to court.