Littlewoods Court Action - Please HELP!!!!!

[The GodMother]

Thank you rory 32. Sorry to have sounded a bit dumb but this is the first time i have ever considered doing anything like this.

[babynan]

Well just to keep everyone up to date..... STILL HAVE NOT HEARD A THING FROM LITTLEWOODS!!!!!!!!!!!!

 

14 Days have well and truly passed since the LBA.........

I suppose now that we will file with the court:sad:

[The GodMother]

yes and u can do that online via.

 

Her Majesty's Courts Service - Home

 

They will accept payments online and if that is inconvient for you they will allow you to type all the details of the claim in to the document then print it off. Rememebr tho you acnt save the document so u will need to print one for your records. It may be helpful if you print 3 of everything as some courts demand 2 copies of all N1s and others will photocopy it ans sent the photocopy to the defendant.

 

I have personally used the filling in and printing off part of this as u require a credit card to make payments.

[babynan]

What now, I am getting really angry.......

After all that went on above, LBA sent to Littlewoods etc, it seems my son did not file in the court because he actually got a letter back from Littlewoods (although it was quite a while after sending the LBA, but he was having some problems so could not file in the court) But letter from Littlewoods said that they were investigating his claim but this could take about 8 weeks.... so he waited, but he did notice in the meantime the default on his credit file had been removed. He did not hear back from Littlewoods ,so he contacted them again referring to their letter, a few weeks ago they wrote again and said that they were still investigating his claim and would contact him when their investigations were completed.

Last week my son has recieved a letter from Brian Carters Solicitors telling him to pay up, he got another letter this morning from the solicitors telling him that he has ' 7 days to pay the full amount or court proceedings would begin'.... He phoned the solicitors this morning saying that Littlewwods were breaking the law by passing on his info yet again while the debt is in dispute, the solicitors have told him it had been passed on to them by another debt collection agency, so my son also explained that they had also been contacted themselves quite a while ago and had also been informed that the debt was in dispute so Littleowoods should not have contacted them.

Well according to the solicitors this morning ' Littlewoods are not breaking any law, they are able to pass on info, even if an account is in dispute, they also say that a credit agreement is not needed by law when you purchase items via the phone or online,. they have told my son to 'Pay the whole amount today or they will file in court in the next 7 days'

Have I got things wrong here............. should I write to this solicitors (like the ones before) pointing out the account is in dispute etc, and should i contact Littlewoods again telling them that they have not had the decency to let me know what is happening regarding their investigation into my dispute and let them know that I will certainly file with the court next week?? Thought that if I write these letters they might be helpful for the court case???

Or dont we really have a leg to stand on???

 

I know this has been going on a while... but did think that at long last Littlewoods were at least doing something.....

Please any help would be really appreciaited

[The GodMother]

What now, I am getting really angry.......

After all that went on above, LBA sent to Littlewoods etc, it seems my son did not file in the court because he actually got a letter back from Littlewoods (although it was quite a while after sending the LBA, but he was having some problems so could not file in the court) But letter from Littlewoods said that they were investigating his claim but this could take about 8 weeks.... so he waited, but he did notice in the meantime the default on his credit file had been removed.Good good they done something rite then. He did not hear back from Littlewoods ,so he contacted them again referring to their letter, a few weeks ago they wrote again and said that they were still investigating his claim and would contact him when their investigations were completed. Yep the stalling tatics they good at that.

Last week my son has recieved a letter from Brian Carters Solicitors telling him to pay up, they cant do that OFT guidelines. he got another letter this morning from the solicitors telling him that he has ' 7 days to pay the full amount or court proceedings would begin' CCA where is that as it is needed for court.... He phoned the solicitors this morning saying that Littlewwods were breaking the law by passing on his info yet again while the debt is in dispute, the solicitors have told him it had been passed on to them by another debt collection agency, so my son also explained that they had also been contacted themselves quite a while ago and had also been informed that the debt was in dispute so Littleowoods should not have contacted them. That is correct they are not suspose to pass a disputed debt on. But this does not stop them they think they are above the rules.

Well according to the solicitors this morning ' Littlewoods are not breaking any law, they are able to pass on info, even if an account is in dispute, ROLEX they also say that a credit agreement is not needed by law when you purchase items via the phone or online,. Were all the goods purchesed on line or on the phone? I see Carters still have not learnt the rules of the consumer credit act of 1974 or read the oft guideline on debt collection. they have told my son to 'Pay the whole amount today or they will file in court in the next 7 days' A LBA needs to give at least 14 days as that is what is classed as a reasonable amount of time.

Have I got things wrong here NO............. should I write to this solicitors (like the ones before) pointing out the account is in dispute etc Up to u but i would, and should i contact Littlewoods again telling them that they have not had the decency to let me know what is happening regarding their investigation into my dispute and let them know that I will certainly file with the court next week?? Thought that if I write these letters they might be helpful for the court case???

Or dont we really have a leg to stand on???

 

I know this has been going on a while... but did think that at long last Littlewoods were at least doing something.....

Please any help would be really appreciaited

 

My comments are in blue.

 

I would send them a letter advising that they have to follow oft guidelines on debt recovery and demanding a copy of there complaint procedure.

 

I would also advise them on this The consumer credit act of 1974 has been about long enough for you and any client you represent to have read and understood it but now. If you are not aware of what the consumer credit act of 1974 says then i would advise that you read it.

If you dont understand this letter then pass it to someone who does alternativly please seek the advise of a solicitors.

That should shut the brian carter solicitors up for 5 minutes.

[babynan]

well at long last my son has heard from Littlewoods (so dont know what Brian Carter Solicitors were playing at)!. This is some of what Littlewoods have had to say:

 

1: In Relation To the Credit Agreement,

Our records so that a letter CCA was sent on the 13/03/07 in response to you request for a copy of the credit agreement, under sections 77 and 78 of the consumer credit act 1974 we are required to provide a copy of the executed agreement(if any). on the assumption that you have signed the agreement supplied to you at the time of opening your account, our letter of 31/08/07 complies with the requirements of the consumer credit (Cancellation Notices and Copies of Documents) Regulations 1983.

I can confirm that we do not hold a signed credit agreement for this account. in the absence of a signed credit agreement, I can confirm that we will not be pursuing the above account for the outstanding balance of £395.33 however, if we subsequently locate this agreement, we reserve the right to recommence collection activity.

There is however, clear evidence of an exsisting credit relationship between ourselves. the debt, remains unsatisfied, this will be noted on our internal file for future ref. This info will also form part of your records at the credit ref Agencies where we share info. the info regarding your outstanding balance will remain on your Credit Ref file for 6 yrs.

2: In relation to Admin Chgs applied to your Acc:

It is made clear in the ' Your Account ' section at the back of your book that a charge is applied should you fail to make a payment and as such I am satisfied that the chgs applied to your acc are fair and reasonable.

we are aware of the statement of the OFT position regarding fair chgs. for the reasons given above, we are satisfied that the other Chgs applied to your account are justifiable in accordance with the views of the OFT and are fair within the Unfair terms in Consumer Contracts Regulations.

The copmany is not prepared to remove any Chgs from your Acct.

3: In relation to Extra Care Ins:

The original insurance was offer to you on the telephone on 06/09/02, premiums started being applied on 14/09/02.

At the time a certificate of insurance was sent to you outlining all the terms of the cover. the cert of Ins highlighted the various benefits along with the relevant exclusions.

Our advisors offer ECI using a sales script and the advisor would have read through the script to check for eligibility for cover. ECI is offered to our customers after we have informed them that credit has been granted......

and so it goes on,

then they mention the following

As your complaint is in relation to an event before 06/04/07, unfortunately you are unable to refer your complaint to the FOS as we were not a member of a Dispute resolution Service until this date. and to that end you may consider this letter as our Final response.

 

My son is quite happy about this, is not worried about getting money back that has already been paid, just happy to get rid of the ' so called outstanding debt ' but he would really like to get this removed from the Credit Ref Agencies files...................

Has any one any ideas as to what we should/could we do now to try and get this removed?

[The GodMother]

u could always contact the CRAs about this and putting a dispute on the file.

 

There is such thing as a section 10 notice which is a request that the company stops processing your data but they may not comply with the notice. I have not sent one and they are not updating the agencys as far as i know.

 

if you want the section 10 then please pm me a email addy where i can send it.

[wednesday1867]

I'd be asking them to provide you with the document where you have agreed to let them discuss his personal data, its usually part of the agreement, if they havent got it, how can they legally discuss his data with anyone without his consent?

[babynan]

:)Hi Thanks for the replys,

 

Godmother, I will pm you regarding the section 10 request.

 

Wednesday, I was also thinking along the same lines.... how can they do this when they have admitted that no signed credit agreement is in place... but I have been reading through other theads and there has been some conflicting answers regarding the rights of Littlewoods etc to be able to link your info to a CRA without your consent ?????

 

I was wondering if I where to reply back saying that we accept what they are saying and that we are prepared to leave as is and that we will not go through with the court claim for overpaid monies on the understanding they remove this default as we have not signed anything to allow them to share our information with any 3rd parties....

 

Does anyone think that this would be the way to go.

[yaffsimone1]

I had EXACTLY the same letter from Littlewoods, i thought great they are going to leave me alone...in my case i was wrong, hopefully this wont happen to you.

 

After the letter advising they would no longer pursue me they passed the 'debt' onto 6 DCA's and sold the debt twice and on two different dates! i was getting really peed with this so i phoned (something i NEVER do) the writer of the letter a Ms Pat Madine and advised her that should she not sort this mess out and instruct all DCA's to cease pestering me and advise on why they sold the 'debt' twice after confirming they wouldnt pursue it blah blah, then i would be looking to press charges not only against Littlewoods but against her, as she initiated all of this, for Harrassment. I gave her 7 days

 

7 days has passed, i had heard nothing from Littlewoods but lots from the DCA's. On the 8th day Ms Madine simply wrote to me saying 'sorry you have had need to complain letter'. I phoned Littlewoods again and was advised Ms Madine was on two weeks annual leave, i explained to her collegue the seriousness of this and that the police would now be involved, i was prepared to carry out my threat. ( i cant believe Ms Madine thought i was bluffing!) I even offered to play back the last telephone recording i had with littlewoods, they said that would not be nessecary. The DCA's were told not to pursue and it would be dealt with on Ms Madines return..not good enough i told LW and fortunately my neighbour is a copper, who had a quiet word with them (this was not my plan but it was good enough for that telephone conversation, i was genuinely going to report her)

 

I was not pesterted any longer and finally recevied a letter to say they are definately not going to pursue the 'debt' plus they have marked the my credit file as satisfied. I was going to try and go for a complete clean but they have exhausted me. Should they rear thier ugley heads again, i will not contact them i WILL go straight to the police, they have had thier chance!

[babynan]

Hi Yaffsimone,

 

What a nightmare of a time you have had, I will keep fingers crossed that we do not get the same........... but watch this space because I will certainly mention it if we do.

I am going to send the letter as mentioned, thanking them (Littlewoods) for their help etc etc:-D, and inform them that we will leave as is and will not resume our case for money that my son has overpaid, this includes interest (which of course we have no details about as there is no CCA) on the understanding that they clear off from the credit agency file, I will also send the Section 10 that Godmother has sent to me.So we will wait and see what happens next

 

Cheers everyone for all your help so far, could not have got this far without it.

[yaffsimone1]

Littlewoods are a nightmare for everyone. It is a good idea to write that letter and say in the spirit of resolving this dispute amicably providing they never bother you again and remove ALL data from your credit file (hopefully you will get lucky but a satisfied is better than nothing) you are prepared to hold the claim.

 

You want to leave it open though so you can resume the claim if need be. Not pursuing the claim is subject to them playing ball.

[The GodMother]

i have had a easy time with littlewoods sent 2 ccas for the 2 accounts.

 

account 1 from 3 years ago they sent a letter saying havent got it but we wont ask for the money or and stop charging u interest and fees. this account is a lxdirect account and has not bee paid since 2005.

 

account 2 abound/additions direct. sent a sample cca with no signature on it. During this time NDR got involved and they were told to bog off. sent littlewoods a non compliance letter and they have not sent me anything except for a few letters and 3 statements. Not heard anything since decembers statement which i receved january.

 

been my easiest ones to date.