Littlewoods Court Action - Please HELP!!!!!

[surprise]

amend this to suit

Your Ref :

Your Clients : Littlewoods Home Shopping Group/Debt Management Limited

 

I refer to your letter of xx/xx/xx, which was received this morning.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my requests to your clients for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974); received by Liitlewoods Home Shopping Group on xx/xx/xx and Debt Management Limited on xx/xx. I can only assume therefore that they failed to inform you that the above account is in dispute.

 

Should your clients now persist with threats of legal action, I will welcome the opportunity for a judge to look at several offences committed by Littlewoods Home Shopping Group and Debt Management Limited under The Consumer Credit Act 1974, as well as your clients' non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

[babynan]

amend this to suit

Your Ref :

Your Clients : Littlewoods Home Shopping Group/Debt Management Limited

 

I refer to your letter of xx/xx/xx, which was received this morning.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my requests to your clients for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974); received by Liitlewoods Home Shopping Group on xx/xx/xx and Debt Management Limited on xx/xx. I can only assume therefore that they failed to inform you that the above account is in dispute.

 

Should your clients now persist with threats of legal action, I will welcome the opportunity for a judge to look at several offences committed by Littlewoods Home Shopping Group and Debt Management Limited under The Consumer Credit Act 1974, as well as your clients' non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

 

 

 

HI Surprise,

Many thanks for this, I will amend and get this sent off to them and see what happens from there. Do you think that I should also send a copy to Littlewoods as well???

I will also send in the Prelim letter to Littlewoods.

[babynan]

Hi all,

 

Ok letter done to Solicitors, should I sned a copy to Littlewood Finnace as well??

 

Ok this next part is a bit long winded, but I would appreciate it if someone can reda through this letter that I intend to send to Littlewood (I have used the basics from other posts and have amended slightly) I just want to check that all seems ok in the letter before I send. I thought that I would send this ot them and then in a couple of days send the prelim letter. What do you think???:-?

 

Dear Sir

You received a letter from me on the 05/03/2007 requesting a true, signed copy of any credit agreement that exists in relation to the above account (see enclosed).This is my right under Sections 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence.

I received a letter and document from yourselves dated the 13/03/2007, (copy of your letter enclosed) the document was an unsigned Credit Agreement, and your letter informs me that you assumed that I had a signed credit agreement in my possession, which of course I do not, why else would I request the said agreement.

I further wrote to you on the 26/03/07 informing you that this account was in dispute ( copy enclosed)

 

Both of these deadlines have now passed and I have received nothing in relation to my request apart from being pursued by yet another debt collection agency and Solicitor, Phoenix Recoveries UK Ltd (acting in the name of SDFS Recoveries). This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking.

 

On the advice of the Financial Ombudsman, I am now requesting a final decision in this matter from you. Should this decision not meet with my satisfaction, then I will pursue the matter through the Ombudsman. The maximum timescale for you to give a final response to any complaint is 8 weeks. This time runs from the date of my original complaint, in this case that is the further request for a true copy of the credit agreement dated 26/03/07. As you will note 8 weeks already passed but I am prepared to extend this deadline because I appreciate that you are very busy.

Therefore, you must provide me with a final response in this matter, including your proposed actions for this account, by 11th Aug 2007

 

Please note; you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Under the Data Protection Act I have principled rights in that

 

 

(Schedule I)

1. Personal data shall be processed fairly and lawfully

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes

(Schedule II)

1. The subject has given his consent.

2. The processing is necessary

a. For the performance of a contract to which the data subject is a party.

 

The fact that you cannot provide me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. Incidentally, I cannot recollect receipt of the said documentation. If the documentation were to be produced as you are aware the default notice cancels any original terms and conditions and as such cancels any right to share my information without my consent. There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You may not demand any payment on this account, nor am I obliged to offer any payment to you.

You may not add any further interest or charges to this account.

You may not pass this account to any third party.

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

You must remove the default notice you have placed on my credit file.

I look forward to your final decision on this complaint by 11th Aug 2007. This should include your proposed actions in relation to the lack of a signed credit agreement.

I would also like to point out that I will be taking this matter further with the Information Commissioners Office because you have demanded further payments and have also provided my information to Phoenix Recoveries UK Ltd, while this account is in dispute

Will this be ok, and should I send this followed by the prelim letter????

[babynan]

Bump

[babynan]

BUMP

 

Hi, Please could someone please take a few minutes and read through the letter (two posts above) and advise me if this is ok to send to Littlewoods, or if not what should I do next?????

[Jeff2000]

BUMP

 

Hi, Please could someone please take a few minutes and read through the letter (two posts above) and advise me if this is ok to send to Littlewoods, or if not what should I do next?????

 

 

 

Hi,

 

 

It looks OK to me.

 

With most letters, it is a question of how strongly you want to point out the various concerns that you have.

 

One person will be extremely strong, the next person may take a different approach.

 

So it is up to you in the end. If you are happy with it, then that's fine, send it!

 

 

Good luck, Jeff.

[rory32]

As Jeff says it really depends on how strongly you want to point out things - no one approach is necessarily right or wrong. I think the letter is fine too and if you don't get the response you want we can always try something a little stronger.

[Jeff2000]

As Jeff says it really depends on how strongly you want to point out things - no one approach is necessarily right or wrong. I think the letter is fine too and if you don't get the response you want we can always try something a little stronger.

 

 

 

That's right!

 

Some people like to start of nice and gentle, very polite etc...!

 

Others just like to poke them with a very big stick straight away!

 

 

Which ever way you decide, good luck and keep us all informed!

 

 

Regards, Jeff.

[Jeff2000]

Hello babynan,

 

 

Today I received an e-mail from Littlewoods.

 

They have confirmed that my insurance has now been cancelled!

 

So don't let them tell you that it can't be cancelled!

 

 

Regards, Jeff.

[Jeff2000]

Hi,

 

 

Any further news babynan?

 

 

Jeff.

[babynan]

Hi All,

Sorry for the delay in getting back and keeping you posted but I have been on holiday and had many things to catch up on..........

 

Anyway, guess what, my son have not heard a thing from anybody, Littlewoods have not bothered responding to my letter (the one shown a little way back on my thread.) Nor the firm of solicitors !!!

 

We have since sent them another letter which was a Prelim letter, along with a schedule of costs/over payments that we are claiming back.

AGAIN no response at all............ this is what we said in the prelim letter:

 

Littlewoods Finance Company Ltd

Aintree Innovation Centre

Park Lane, Netherton

Bootle

L30 1SL

Dear Sir/Madam

I understand that the regime of 'fees' which you have been applying to my account in relation to penalty charges are unlawful at Common Law, Statute and recent Consumer regulations. These charges/fees, interest etc, have been applied without there being a true Signed Credit Agreement in place.

 

I calculate that to date you have taken payments from myself to the total of £373.06 This amount is £221.06 over and above the value of goods purchased, this sum of money is made up of, late payments charges, Extra Care Advantage, which I had not requested, and interest charges added to the account.

I am enclosing a copy of the schedule of the charges for which I am claiming

I am in no way trying to avoid my responsibilities to your company for goods that I did purchase which came to a total value of £152.00. This amount has been paid in full to your company. It is all monies over and above this figure that have been paid to your company that I am claiming back, as these are made up of the following:

Penalty charges which are unlawful.

Extra Care Advantage Insurance, which I had not originally requested and had approached your company to have this insurance removed.

Also interest added regularly to all outstanding balances on the account.

I confirm that you had no agreement from me to do any of the above, in so far you still have not been able to provide me, despite my numerous requests, with a true signed copy of any Credit Agreement held by yourselves. I enclose again a copy of the most recent of my letters dated the 4th August 2008 , to which you did not even have the decency to respond.

 

 

Additionally, it has come to my notice you have entered a default notice against my credit record. In addition to full repayment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. Also please note that at no time have I provided consent for you to share my information with a third party, and without a copy of my signed consent this is a breach of the Data Protection Act.

 

I require repayment in full of this money by form of cheque and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest, plus a claim under ss.7 and 13 of the Data Protection Act 1998, plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act.

What should we now do? Should we just go ahead with an LBA????? Please help ???:?

We were also considering sending a letter to the Credit Ref agency asking them to make a note against the default recorded to show that this debt is in dispute, do you think that I should do this and if so, should I send them copies of letters sent to Littlewoods?

At this stage I have not yet been in touch with any of the complaints bodies, should I also do something about this now????

This is becoming a complete nightmare, first time around we left it as we did not hear back from Littlewoods and then they eventually passed on to another debt collection agency................. HELP PLEASE:evil:

[babynan]

BUMP

 

Please help- I am getting desperate:( X

[Jeff2000]

BUMP

 

Please help- I am getting desperate:( X

 

 

Hi babynan,

 

 

Just continue with your claim.

 

Stick to the timescales. Send LBA next!

 

 

Best wishes, Jeff.

[babynan]

Hi babynan,

 

 

Just continue with your claim.

 

Stick to the timescales. Send LBA next!

 

 

Best wishes, Jeff.

 

Hi Jeff,

Many thanks for your support and encouragement, I will go ahead then as you say. Do you think that I should also send a letter to the Credit Reference agency asking them to add a note against the Littlewoods default saying that this debt is in dispute ??

[Jeff2000]

Hi Jeff,

Many thanks for your support and encouragement, I will go ahead then as you say. Do you think that I should also send a letter to the Credit Reference agency asking them to add a note against the Littlewoods default saying that this debt is in dispute ??

 

 

Hi babynan,

 

 

No harm in trying.

 

They won't make any notes if you don't ask!

 

 

Regards, Jeff.

[The GodMother]

if you ask them to make a note saying the account is in dispute then they usually do as i have with both my credit reports and that will stay on there till i ask them to remove it or the debt gets cancelled.

[babynan]

if you ask them to make a note saying the account is in dispute then they usually do as i have with both my credit reports and that will stay on there till i ask them to remove it or the debt gets cancelled.

 

Hi Godmother,

 

Thanks to both Jeff and yourself. I will put a letter together and send to them, as you say it's worth a go. I assume that I will need to give them as much info as possible along with the creditor name and account number etc? I will let you know how I get on.

[The GodMother]

you should be albe to get all the information you need of the credit report. All i done was ring the company and quote the number on my credit file and the number they give you. like on a experiane one they are L1, L2, L3 etc. They then brought the info up on screen and told me the info they had and asked what i wanted to be put on the file. If you put it in writing all i would do is give them the info for the one you want including the ref number like L1 and then telling them what you want put on there. thats all. it may be confirmed to you in writing but it will go on to the credit file.

[babynan]

Hi All,

 

Ok now I am ready to go ahead with the Letter Before Action. I have amended the letter slightly and was wondering if someone could just check it out for me and let me know if I should add more etc or if its ok as is:

 

Littlewoods Finance Company Ltd

Aintree Innovation Centre

Park Lane, Netherton

Bootle

L30 1SL

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER xxxxxxxxxx

I am very disappointed that you have failed to respond constructively to any of my previous the requests, and indeed have not even bothered to contact me at all.

I would also like to point out, that in my last communication with yourselves dated 5th Sept 2007, I was informing you that I intend to take this matter further and was offering you the opportunity once again to provide to me the reason that you continue to harass me for this debt, pass on my information to third parties without there being a True Signed Copy of a Credit Agreement in place. Which I point out once again that I have requested a copy of this on many occasions , all of these requests have been totally disregarded which can only leave me to believe that no such agreement exists.

I understand that the regime of fees, insurance and interest, which you have been applying to my account are unlawful at Common Law, Statute and Consumer regulations when no Signed Credit Agreement is in place.

 

I calculate that to date, you have received from me £221.06 over and above the value of goods purchased from your company, this sum being made up of additional charges, plus £10.00 which you have charged me for my SAR request, giving a total of £231.06. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 05/09/07. I also request that the 'Outstanding Debt' of £395.33 that you claim I still owe should be removed from the account.

 

I require repayment in full of this money by cheque. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT.

Yours faithfully,

 

 

 

Thought it would be better if I could send this directly to the person who controls the department..... Dont suppose anyone knows the name of the Financial controller for Littlewoods Finance Company?????

Also thought that we would pay and send this Guarenteed Next day delivery (think it costs about 4.00) thought that at this stage it would be better because so far all letters have been sent recorded and not one of them has ever shown up as having been signed for....although the CCA was received because they did answer that letter, but they have ignored every other communication since:evil:

 

Will also follow up and speak with the Credit Agency .

 

 

 

Any comments anyone please;)

[The GodMother]

well you cant sent anything off today as they have stopped doing guarentted next day delivery whilest the strike action is on. They have also suspended the compenstaion side of any claims whilest they have the strike action and while they as sorting out after the strike action.

 

Check www.royalmail.com for further details regarding special and recorded delivery info during these next few days.

 

Other than that the letter sounds fine to me.

[babynan]

well you cant sent anything off today as they have stopped doing guarentted next day delivery whilest the strike action is on. They have also suspended the compenstaion side of any claims whilest they have the strike action and while they as sorting out after the strike action.

 

Check www.royalmail.com for further details regarding special and recorded delivery info during these next few days.

 

Other than that the letter sounds fine to me.

 

Many thanks for letting me know about this, ( I live abroad and do the letters etc for my son and then email all stuff to him). I will keep my eye on the website and wait until all is ok. X

[The GodMother]

your welcome babynan.

 

I actualy have a question for you regarding what a copy of the schedule charges are and if you could show me what one looks like. I dont quite understand what one of these is so it is confusing me.

 

Ty for your help.

 

The GodMother.

[rory32]

Godmother, the schedule of charges is a list of all the charges, with a short description of what each one is for, the date it was applied and the amount. The information you put into the spreadsheet (if you used the one of the one's on this site) gives you a schedule of the charges.

[The GodMother]

ok thank you for that.

 

Where would i find one of those on the site.

[rory32]

You find them in the bank templates library. The shortcut to the spreadsheets is here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html If you just put the info into the spreadsheets and print it out that gives you the schedule of charges.