Me vs Littlewoods Catalogue

[surprise]

Kenny

 

The ICO are a waste of time, they will do nothing. I have been having this battle with Littlewoods and Studio who both have no agreements but the CRA's have agreed that they are right to continue to process data. It appears the only way forward is to go to Court. I have actually put in a complaint to the ICO regarding the CRA's have heard nothing.

[kennyparkroad]

i have also today started a complaint with Trading Standards

 

i just want somewhere in black and white to say what i think is true that

 

"A default can only be issued in breach of a valid regulated agreement"

 

 

because they have admitted there is no agreement, but are too stubborn to take the information off my file which is going to damage me for the next 6 years!

[rory32]

If you have served Littlewoods with a section 10 notice the ICO are more willing to look into these things. If you haven't they probably won't look into it.

[kennyparkroad]

if you look back through the thread ive asked them many times to delete the information in accordance with the DPA.

 

hope that does the trick,

 

Rory do you know of anywhere on an official site that i can find out if my assumption is correct in that they can only default a valid agreement, i am willing to go to court but not before i find out if this is true!!!!

[diskmandave]

i have also today started a complaint with Trading Standards

Kenny does your TS's have a walk in centre? (Ours does)

 

Have a wander in, or email them even?

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

There's also Consumer Direct which has a rather helpful website;

Consumer Direct

 

I don't think twice about walking in to our council offices!

 

I also believe that the FOS are happy to take telephone calls from complainants, if you've already done the official complaints procedure start an FOS complaint which will cost them 400.00 - that might get them thinking, they may even rule in your favour at no cost too!

 

Hope there's something useful there!

 

Regards, Dave.

[kennyparkroad]

thanks i went to consumer direc today who have forwarded it to Trading Standards

 

ICO are investigating and hope to get back to me in 30 days

 

i think i will complain to the FOS - i really need this default off my file as im working to buy a house! which is impossible right now.

 

im rattled, but not defeated!

[harrythehawk]

and of course it costs them money to be investigated by FOS !! Although, they do get the first two investigations free ....... but I guess that happened in the first week of January !

[surprise]

FOS aren't taking any complaints against Littlewoods if it was before 6 April 07 as they weren't a member until then.

[ODC]

FOS aren't taking any complaints against Littlewoods if it was before 6 April 07 as they weren't a member until then.

Well by the way they are behaving they have probably uses their two free complaints bt 7th April 07. Dont even dare to think how many some of the other DCAs have had so far and its bound to increase by the way they treat their customers. Still a few hundred £400s here and there will hit them where it hurts. IN THEIR WALLETS.

[louiboy]

Hi Kenny.

 

Have I got his right?

 

Littlewoods opened an account for an 8 year old. Indulged in some illegal lending for the next 10 years. There's no Consumer Credit Agreement, No default notices and a default against your name.

 

Do Littlewoods realised this and still refuse to remove a default. Court summons looks like a good possibility. Let them explain how the opened an account for a minor.

 

 

Found this

 

If you are under 18, it is a criminal offence for anyone to send you material inviting you to borrow money or obtain goods or services on credit or hire purchase. However, if you are over 14 but under 18, you can enter into a credit or hire purchase agreement if an adult acts as your guarantor.

Have a look through here Natwest forum

[racer1]

I've had the same situation with Next - no CCA, default on credit file etc but everything was done when I was under 18....

[kennyparkroad]

Hi Kenny.

 

Have I got his right?

 

Littlewoods opened an account for an 8 year old. Indulged in some illegal lending for the next 10 years. There's no Consumer Credit Agreement, No default notices and a default against your name.

 

Do Littlewoods realised this and still refuse to remove a default. Court summons looks like a good possibility. Let them explain how the opened an account for a minor.

 

 

Found this

 

Have a look through here Natwest forum

 

 

 

Hi there.

 

Well the situation is

 

My neighbour opened her Littlewoods account in 1990, but she cant and it appears littlewoods cant tell me when i was added therefore they have it on my credit file as 1990 for me meaning i was 8.

 

They also have my date of bith listed as 2002, clever huh?

 

They probably wont find out who the agent was because they gave me my own account number a few years ago when i moved house and they said i owed them money.

 

 

There is NO CCA and they have admitted this, i never recieved a default notice, and there is a default on my file as of April this year.

 

I made the point that there was no valid agreement, therefore no Default can be issued as i havent broken a valid agreement because there never was one.

 

Legal department advised me they could enter this information regardless of that fact.

 

i dont ave any papers with me today, but i might try phoning them one more time and asking them to explain in writing what gives them consent and ASK THEM to quote the part of the CCA that allows them to place a default on my account dispite no valid agreement.

 

failing that i think the only thing i can do is go to court, which i cant really afford to do to be honest, unless i can claim costs back and fees etc.

 

Thoughts Loui?

 

 

 

PS - ive searched the CCA and cant find any reference to defaults and conditions of applications for them.

 

any ideas?

[kennyparkroad]

PS does anyone have the adress for the company secretary?

 

i can find nothing on their website or via google.

[ODC]

Hi there.

 

Well the situation is

 

My neighbour opened her Littlewoods account in 1990, but she cant and it appears littlewoods cant tell me when i was added therefore they have it on my credit file as 1990 for me meaning i was 8.

 

They also have my date of bith listed as 2002, clever huh?

 

They probably wont find out who the agent was because they gave me my own account number a few years ago when i moved house and they said i owed them money.

 

 

There is NO CCA and they have admitted this, i never recieved a default notice, and there is a default on my file as of April this year.

 

I made the point that there was no valid agreement, therefore no Default can be issued as i havent broken a valid agreement because there never was one.

 

Legal department advised me they could enter this information regardless of that fact.

 

i dont ave any papers with me today, but i might try phoning them one more time and asking them to explain in writing what gives them consent and ASK THEM to quote the part of the CCA that allows them to place a default on my account dispite no valid agreement.

 

failing that i think the only thing i can do is go to court, which i cant really afford to do to be honest, unless i can claim costs back and fees etc.

 

Thoughts Loui?

 

 

 

PS - ive searched the CCA and cant find any reference to defaults and conditions of applications for them.

 

any ideas?

Surely a complaint to the ICO as well as the Credir Reference Agency are next on your list. What 5hitlewoods are saying is they can put a default on anyones credit record and the CRA will accept their word. This is TOTALLY WRONG. All information held by the CRA is supposed to be accurate. Knowing you though Kenny you will not roll over.

[kennyparkroad]

ive already complained to the CRA who say littlewoods have not yet responded.

 

and the ICO is currently investigating my complaint, but based on others ive spoken too, dont expect a result from that.

[ODC]

There must be something that can be done. Surely the CRA must have proof before entering anything on their files about you. I think if you get an unsatisfactory response from them that you should report them (the CRA) to the Data Protection Registrar and make them explain how the DATA they hold is accurate. Thats just me of course. I think the CRAs and DCAs are in league together. The way the law is changing though they have to be ultra careful now that they dot the i's and cross the t's

[kennyparkroad]

to be honest i dont even know what i can do now, im not defeated im just at the moment out of ideas.

[vinegarvera]

Hi,

I dont know if this information is any use to you?

I used to open account for littlewoods home shopping. We could only open accounts for adults listed on the electoral role at the adress the customer gave us,as the system would not allow us to open accounts for anyone else.

However, Our "agents" would also order for customers. We were never given customers names or details.

The oly time we would find out that an agent had a customer would be if the customer did not pay.

The agent would then phone us with the customers name and address telephone number and outstanding balance.

This would be the only information we would receive.

Our collections department would then contact the customer directly.

Reading through your thread it looks as though someone who has had an account with littlewoods has named you as a "customer non payment" and Littlewoods are chasing you as such.

Dont know if this helps at all but after all the help I have had from this site I thought I would shed a little knowledge of my own!!

Good luck!!

[ODC]

to be honest i dont even know what i can do now, im not defeated im just at the moment out of ideas.

Never say that Kenny. Throw a spanner in the works with the CRA and ask them to prove the information they have on you is accurate. Ask them for documentary proof that you are in DEFAULT with Littlewoods. Fight Back. Complain to the CRA that the information is innacurate as there is no proof. If you are not happy with the response from the CRA then you can report them to the FOS. Its time CRAs were made to PROVE all the information they hold is accurate. Its ridiculous that they will accept the word of a scummy DCA and not the alleged debtor:-x

[kennyparkroad]

cant go the FOS route, its before April although i was only aware of the default IN April, all i can do is phone and ask.

 

@vinegarva - yes thats what littlewoods are doing, but they have already admitted that the agreement is unenforceable and they cannot collect on the debt, however that didnt stop them putting a defaul on my file which is proving troublesome to get rid of!

 

it now means i have 2 defaults on my file.

 

the fact is, this default thats been placed illegally is hurting my chance of getting future credit which is a case i could use in court.

 

im just looking for as much advice as possible just now before i decide what to do

 

i still thikn the phone call saying "prove it with a quote from the CCA why your allowed to put a default on my file when there is no agreement"

 

i bet you 100% they couldnt! even though i cant find the section of CCA and Defaults in a document, just speculation!

[kennyparkroad]

PS - i did complain that the information is wrong but the CRA say they dont remove anything without the say so of the person putting the information on your file.

[ODC]

PS - i did complain that the information is wrong but the CRA say they dont remove anything without the say so of the person putting the information on your file.

 

So what in essence the CRA are saying is that anyone can tell them anything they want about YOU and they will beleive THEM, biut if you tell them the information is wrong then the wont beleive YOU:-x

 

cant go the FOS route, its before April although i was only aware of the default IN April, all i can do is phone and ask.

 

@vinegarva - yes thats what littlewoods are doing, but they have already admitted that the agreement is unenforceable and they cannot collect on the debt, however that didnt stop them putting a defaul on my file which is proving troublesome to get rid of!

 

it now means i have 2 defaults on my file.

 

the fact is, this default thats been placed illegally is hurting my chance of getting future credit which is a case i could use in court.

 

im just looking for as much advice as possible just now before i decide what to do

 

i still thikn the phone call saying "prove it with a quote from the CCA why your allowed to put a default on my file when there is no agreement"

 

i bet you 100% they couldnt! even though i cant find the section of CCA and Defaults in a document, just speculation!

 

I think you may be wrong about the FOS. Have you made an Offical Complaint to the CRA before 6th April. If NOT then you can go down the FOS route by first of all going through the CRAs Complaints Procedures. IF as will probably happen you are not satisfied with their resolution of the complaint then report them to the FOS.

[kennyparkroad]

i thought you were talking about complaining about Littlewoods!

 

i suppose i could:

 

1 - make a complaint about littlewoods saying they put a default on my file DESPITE telling me they took the commercial decision not to persue the matter (which should include leaving my credit file alone)

 

2 - make a complaint about Experian in that they are taking Littlewoods word as Gospel

 

that sound like a plan?

[ODC]

Go with number 2. Contact Experian and get a copy of their Official Complaints procedure. Tell them the information they have on you is factually incorrect.

[yaffsimone1]

There must be something that can be done. Surely the CRA must have proof before entering anything on their files about you. I think if you get an unsatisfactory response from them that you should report them (the CRA) to the Data Protection Registrar and make them explain how the DATA they hold is accurate. Thats just me of course. I think the CRAs and DCAs are in league together. The way the law is changing though they have to be ultra careful now that they dot the i's and cross the t's

 

I am having a fight with Littlewoods too, however, i refer to Marshall Ward here with regards to the CRAs. MW have confirmed they will not pursue this debt due to lack of credit agreement so i have contacted the CRA's to get the file cleared, this is what Experian said:-

 

"As it appears that your account with Shop Direct was paid on time for several months prior to it falling into arrears and then subsequent default, this implies that you agreed to their terms and conditions. Shop Direct would not open an account unless the individual concerned had agreed to their terms and conditions. By making payments after an account started acts as further evidence that an account holder did agree to terms and conditions of a particular agreement”

 

It seems to me they will accept whatever the creditors says as gospel, and when fronted with evidence that the CCA 1974 has been breached or not adhered to they still choose to ignore it!

 

This is why i not expecting a wonderfull response with regards to Littlewoods

 

Kenny if you want to have a look this is my thread. This has been going on for ages but i have only realised i have not posted a thread on it so it is quite short and only contains recent stuff.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/106324-yaff-littlewoods.html