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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.    
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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LouizeM V Littlewoods Flexi Account


LouizeM
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Stage 1 - DPA Request

 

"Littlewoods Shop Direct Home Shopping Limited

1st Floor,

Skyways House,

Speke Road,

Speke,

Liverpool, L70 1AB

 

Data Protection Act 1998

Subject Access Request

Dear Sir/Madam

Account holder: XXXXXXXXXXXXXX

Address at which account was held: XXXXXXXXXXXXXXXXXXXXX

 

Please supply me with a complete list of transactions and charges relating to my closed account, held with you from 1997 until the account was closed entirely on 5 November 2002. Alternatively, a complete set of printed statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

 

Yours faithfully"

Its really old but worth a try I guess......

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  • 4 weeks later...

I have received a letter from Littlewoods as follows:

 

"Thank you for your letter dated 25th May 2006 requesting subject access under the Data Protection Act 1998, which was received into the Data Protection Unit on 09th June 2006.

 

Firstly, I would like to apologse for the delay in your request reaching the correct department and for any unnecessary inconvenience this may cause you.

 

I am in the process of collating all of the information required from different areas of the business. On receipt of all relevant documentation the details will be mailed to you.

 

Should you require any further assistance in this matter, please dont hesitate to contact me on 08457-165547, Monday to Thursday, 9.15am to 5pm or Friday 9.15am to 4pm.

 

Once again, my sincere apologies

Kate Redman

Data Protection Unit"

 

The address for this correspondence was detailed on the letter as:

Littlewoods Shop Direct Group

Kershaw Avenue

Crosby

Liverpool, L72 0LG

(which I believe is the main address anyway)

 

I'll wait until the 40 days have expired before chasing this and reporting them to the Information Commissioner.

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Full disclosure received today - very confusing print out though, not sure it details penalty charges

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From the information received there were no late charges - just interest payments and a default notice. So, Im going to request the "Default Notice" be removed as detailed on this link http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html?highlight=%22signed+authority%22

 

Will post first letter tomorrow, as follows:

 

"Letter sent by Royal Mail Recorded Delivery

IMMEDIATE ACTION REQUIRED

Finance Department

Littelwoods Shop Direct Ltd

Kershaw Avenue

Crosby, Liverpool

L72 0LG

17 July 2006

Dear Sir or Madam

 

Account number – EXXXXXXX

After recently obtaining a data protection disclosure from yourselves and a copy of my credit file from Equifax, I was concerned to note that your company has placed a "Default" notice against the above account which I opened in 1997 and is currently settled in full.

 

According to my Equifax report, I cleared this account, 4 years ago (Sept 2002), and although you have updated my credit file to show “settled”, I was not however aware that you had issued an “official Default Notice”.

 

In addition to this, I also note that in your data protection disclosure to me (ref: xxxxxxxx), there is no record of this being issued in the “Breakdown of Annotations for account Exxxxxxx”.

 

I therefore require you to urgently substantiate the Default Notice or remove this from my credit account with immediate effect as inaccurate information.

 

Items required to substantiate the Default Notice:

  • ·You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee.
  • ·You must supply me with a signed true and certified copy of the original default notice with proof that this was delivered to me.

The above must be supplied to me, within 14 days of receipt of this letter or if it is unsubstantiated, it must be removed with immediate effect from my credit file. I remind you that you are legally required by the Information Commissioner to hold and supply the most accurate and up to date information on your customers. I therefore trust that you will deal with this matter, with the urgency I require and I look forward to receiving your response.

 

Yours faithfully"

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Halifax £763 REFUNDED

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Littlewoods - Removal of Default Notice - REFUSED

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  • 4 weeks later...

ooohhh.. good luck - will keep checking to see how it goes with the default letter.. have sent vodafone something similar

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Thanks, If I dont hear anything by 5th August - then I'll write to the Information Commissioner to complain and then send them another letter, via recorded delivery again, informing then of this action and demanding a response!

 

Good luck with yours too.....

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If I dont get a response by 4th August, then on the following Monday I will issue a letter to Equifax, Experian and Call Credit...

 

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  • 2 weeks later...
  • 2 weeks later...

I downloaded my credit file and the default notice is still there!!! Apparently it takes up to 28 days for credit reference agencies to "investigate disputes"..... So thats yet another month to wait.

 

Anyway, I phoned Littlewoods about 10 times the other day - each time a different number, and speaking to people who I can only describe as having the brainsize of a peanut, until eventually being given an email address of "[email protected]". I emailed him requesting the default be removed as its unsubstantiated and wasnt even detailed on the Data Protection Act disclosure, attached PDF copies of my correspondence over the last few months and cc'd in the information commissioner, financial ombudsman and all 3 credit reference agencies. He replied with an email saying its nothing to do with him and told me to call Customer bloomin Service. Like I havent called them a billion times already!

 

I replied with the fact that as a paid employee he should at least pass on my request to the appropriate person rather than expecting me to track down who's responsible in a rather large and apparently disjointed organisation that doesnt seem to know its @rse from its elbow. If you're detecting Im a bit angry, you'd not be wrong!

 

So my question is, if the Credit Reference Agencies fail to get a response like I have, are they legally required to simply remove this from my credit file? Littlewoods is now the only blemish on my record and I want it off....

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The Financial ombudsman has just got back to me, store accounts like this are not within their remit. I have to report them to:

The Compliance Manager

Finance & Leasing Association

Imperial House

15-19 Kingsway

London

WC2B 6UN

Fax: 020 7420 9600

Email: [email protected]

 

So ive emailed them the information......

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Stuart says its not him that deals with credit ref agencies. He said its the DRD team 08702402244

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Now the FLA say its not them

 

Trying the FSA - Financial Services Assoc

[email protected]

 

Will see who they say I need to put this to

grrrr...........

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Ive just spoken to collections at littlewoods again!! Apparently they are refusing to remove the default notice as they have a "duty of care"! and putting it to me in writing... so heres the issues

 

  • DPA Disclosure requested, and no record of Default notice being issued was present on it.
  • Requested by recorded delivery to remove alledged default as its not on the disclosure and I have no record of receiving
  • Littlewoods legal team apparently said that its not a statutory default notice, they dont have to substantiate it, they believe it was correctly logged and they dont care if its on my disclosure or not.

I am reporting them to the Information Commissioner now as this is bang out of order.

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Halifax £763 REFUNDED

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Littlewoods - Removal of Default Notice - REFUSED

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  • 1 month later...

Just heard back from Equifax - Littlewoods have verified to them the accuracy of the default. I have queried exactly what that evidence was since they have refused to evidence to me and their data protection disclosure did not show this. They replied with "they are satisfied" - what does that mean??? And why cant I have access to information relating to me? Im very annoyed about all this.

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Halifax £763 REFUNDED

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Littlewoods - Removal of Default Notice - REFUSED

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Finally done it, submitted an official complaint with the information commissioner, included all supporting documents -will see what they say.

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Littlewoods - Removal of Default Notice - REFUSED

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  • 1 month later...

Hi, well I made a formal complaint to the information commissioner sending them copies of everything I have received from Littlewoods with a cover letter detailing the particulars of the matter.

 

They emailed me on 19 October requesting a copy of my credit rating which shows the default notice.

 

However, since then Ive not heard anything.....As its been over a month I think I'll email the Information Commissioner.....

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Just emailed the Information Commissioner back - with the following

"Dear ICO

Its been over a month since I submitted the response below. Would it be possible to receive an update on how this is going?

I have also just been alerted to this section of the DPA (1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct.

Since I never received a Default Notice from this organisation – does the above make this illegal too?

Please advise

Thank you"

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  • 2 months later...

I finally received a letter from the Information Commissioner basically saying that Littlewoods are allowed to put a default marker on my account. Thankfully, this runs out this year and so my credit record should be back where it was! However, I think its awful and I recommend that everyone who is subjected to this sort of treatment should do what Dave did and request cedit reference agencies remove your electronic record and only allow manual searches - they are legally required to do this if you ask....

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  • 12 years later...

This topic was closed on 11 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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