wife v Littlewoods PPI

[dpick]

HI all just to check with other peeps my wife had a Littlewoods catalog balance approx £1700 which I had to take over running due to my wifes health. When I checked I found that she was paying PPI on it, Rang inquiring and was told would not be able to claim PPI.

 

1) PPI my wife has not worked since we were married 37 years ago so does not meet the first requirement for PPI in that she was not in full employment.

 

2) I would not qualify for PPI as I have a Pre existing medical condition

 

Can anyone see any problem my claiming this back for my wife (I would have to do this she is in no condition to do it herself)

 

dpick:mad:

[dx100uk]

yep off you go

clear case of mis-selling.

dont forget to charge contractural int too!

 

dx100uk:)

[dpick]

yep off you go

clear case of mis-selling.

dont forget to charge contractural int too!

 

dx100uk:)

 

will be sending SAR as don't know total of PPI charges.

 

thanks dpick:mad:

[dpick]

Hi all info for anyone interested have been advised that most catalogues are so busy sending out goods that they don't bother to get a CCA agreement sorted out so if you have to CCA them there is a good chance that they don't have an agreement.

 

dpick:p

[dpick]

Hi all the following is the advise I recieved regarding my wifes littlewoods catalogue and PPI

 

"With regard to the PPI on your wifes Littlewoods account, I would advise that you write to littlewoods stating that you feel the policy was mis sold under section 8.6 of the banking code, as the company did not take necassary checks to ensure the poilcy was of use to your wife. I recommend that you request in writing to littlewoods that they compensate you for their mistake. I would also recomend you report this to the FSA and use the complaints procedure set out by them. This can be found on the FSA website."

Am away for next 10 days will post up letter I will be sending to Littlewoods on my return.

dpick:p

[dpick]

Hi all have sent CCA and SAR to Littlewoods and had an interesting phone call with Littlewoods in that I gave them a ring re PPI and they are saying we have only had this account from 2006 and their is no PPI funny we have some statements (not all) from 2004/5 all have PPI on them.

 

Now question is if no CCA (as we expect) and they only produce statements from 2006 their will be no purchases as We have not bought anything since 2004 I think I will just tell them to take a running jump.

 

And before anyone says you got the goods pay for them. If Littlewoods MBNA capitalone etc had treated us as human beings, then I would have returned the compliment. Well now the boot is on the other foot etc and I am going to kick them as hard as I can.

 

dpick:p

[dolphin939]

Hi how much do i send to request statements to a catalogue company?

thanx lorraine

[dpick]

Hi how much do i send to request statements to a catalogue company?

thanx lorraine

 

Hi Dolphin it's the same SAR request as with banks and credit cards 10gbp you can also use template letter just amend to use word account inplace of bank etc.

 

all the best dpick:p

[dpick]

Well no reply for CCA but did get letter confirming reciept of SAR letter so count down and waiting.

 

dpick:p

[dpick]

Well had a reply regarding SAR and info just for 1 item purchased 2005 nothing before that but we have never purchased any single item with that high a price.

 

I have got an idea that they have consolidated all previous purchases into this one amount on a new account number as at bottom of last page says no account history for this agent, this is last page of account history going back from today to 2005. Will calling littlewoods Monday.

 

dpick:mad:

[dpick]

Well had a reply regarding S.A.R - (Subject Access Request) and info just for 1 item purchased 2005 nothing before that but we have never purchased any single item with that high a price.

 

I have got an idea that they have consolidated all previous purchases into this one amount on a new account number as at bottom of last page says no account history for this agent, this is last page of account history going back from today to 2005. Will calling littlewoods Monday.

 

dpick:mad:

 

Rang littlewoods this morning re SAR very nice lady working for data complains confirmed account was consolidated 2005 when I replied I am wanting to check accounts pre this she said will print them and send should be with you in next 2 week, they did send results of first request in about 2 weeks so will wait and see.

 

dpick:p

[dpick]

Well regarding CCA request received by Littlewoods 06/06/2007 now gone past 12+2 days so Littlewoods in default on CCA. Will wait a little bit longer for them to dig the hole a bit bigger.

 

dpick:p

[dpick]

Well just got 2 years transactions for one account nothing else

 

So today 10/07/2007 sent full combined CCA/SAR asking for EVERYTHING on two accounts.

 

see what happens now. dpick:D

[dpick]

Well finally got a reply to my originall CCA request not impressed.

 

 

 

ER no I requested a true copy of my wifes agreement you (Littlewoods) my assume any thing you want I know that no agreement was ever signed and also I requested a true copy under sections 77 - 79 of the act not cancellation notices anf copies of documents reg 1983 so I will be sending a bog off no agreement no pay.

 

below is this agreement

 

 

I dont think I will tell them yet I will wait for them to defalt on both account numbers then a combined bog off letter

 

dpick:razz:

[dpick]

I don't believe these idiots at Littlewoods post was late today did not get this till after 1pm.

 

Letter advising as payments stopped admin charge £12 twits the account is in dispute.

 

so have been pinching bit and pieces from all over for this letter.

 

IE my no agreement bog off letter.

 

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974

FAILURE TO PRODUCE AGREEMENT

 

Dear Sir/Madam

 

ACCOUNT NUMBER: ***********************

 

I wrote to you by Special Delivery/Recorded Delivery ( Ref ***********) on ********, 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing the statutory payment of £1.00. This letter was delivered and signed for on ***** , 2007.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *******, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on *******, 2007 this time limit will have expired.

 

I have still not received a true copy of the agreement as required by S78 Consumer Credit Act 1974, just a blank copy of an agreement on which your company has hand printed my wife’s name and an incorrect address. As such I can only assume that no contract was ever signed by me wife. As you are no doubt aware

 

A credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974 and is therefore a complete defense to any court claim that is issued.

Please take note that any legal action you may contemplate will be vigorously defended and contested.

Furthermore your actions arguably do not comply with the Office of Fair Trading (OFT) Debt Collection Guidelines of July 2003, in that you have ‘communicated in an inaccurate or misleading manner (section 2.1) by ‘presenting information in that it creates a false or misleading impression’ and ‘failing to provide information on the status of debts’.

 

Should you nevertheless choose to initiate legal proceedings against me, I will expect to receive, with any Letter before Action, a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by my wife in respect of this alleged debt.

 

 

What I require

 

I require you with immediate effect to ensure that all data held by you regarding the alleged agreement/debt is removed from any and all Credit Reference Agency database.

 

Ensure that all data held by you regarding my wife is fully destroyed.

 

Ensure that no telephone calls are made to my wife.

 

Ensure that all correspondence is made in writing.

 

I require written confirmation of the above together with a quarterly statement that no data has been processed by you regarding my wife.

 

Failure to comply

 Failure to comply with my request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.

 Failure to comply with the requirements of the Consumer Credit Act 1974 will cause me to refer the matter to the Office of Fair Trading, and Trading Standards.

 Failure to comply with the requirements Office of Fair Trading guidelines will lead to a report being submitted.

 Continued telephone contact will generate a complaint for harassment to the police.

 If you fail to comply with any or all of the above I reserve the right to take action against you without further contact.

I expect to hear from you within 12 working days from the date of this letter.

 

Failure to do so will be taken that you have complied with my request and I will consider the matter closed.

 

 

 

Yours faithfully,

 

 

dpick for Mrs dpick

[Jangles65]

Hello I got the same letter and agreement. Would you mind If i use some of your letter?

 

I also had a final decision regarding PPL on the account so took my complaint to the ombudsman, according to them littlewood have not made a final decision and ombudsman have given them 14 days. (are they back tracking do you think>)

[dpick]

Hello I got the same letter and agreement. Would you mind If i use some of your letter?

 

I also had a final decision regarding PPL on the account so took my complaint to the ombudsman, according to them littlewood have not made a final decision and ombudsman have given them 14 days. (are they back tracking do you think>)

 

Hi I love this crap you agreed to PPI there's no flaming agreement so no contract no ppi contract but they will keep fighting hoping you will give up. Our account balance £1700 PPI would be approx £350 so they can take a running jump no contract nothing to pay.

 

all the best dpick:-D

[Jangles65]

Hello littlewoods phone call yesterday as I got another demand, I asked if they were aware ombudsman was waiting for a reply from them. They said they have come to a decision they will not be asking for any money back as no credit agreement !! I said I would be paying back what I owed but still wanted my insurance payments back. (I didn’t ask for the interest yet) So I am hoping that ombudsman will still take this up. Not going to give up,

 

[dpick]

The thing that gets me is if when I rang them about PPI they had not been so abrupt and arrogant saying you agreed to PPI sod off etc I would have been quite happy for them to take the PPI payments off the balance and then keep paying off the balance. Now no agreement bye bye and their arrogance has cost them.

 

dpick:p

[Jangles65]

What interest rate are you putting on the PPI?

[dpick]

What interest rate are you putting on the PPI?

 

Have not been able to look at that yet as PPI was on first account that Littlewoods have not complied with SAR or CCA yet will wait for 40 days etc.

 

Littlewoods consolidated first account put interest on and set term to 150 weeks. Of course we know better than to do that now.

 

dpick:lol:

[Jangles65]

I have just worked mine out with 8% and its over £800!

[dpick]

Letter from Littlewoods usual BLA BLA we have provided agreement etc.

 

Rang Littlewoods advised complaints dept that I am RECORDING this phone call. Then discussed with them that the blank agreement we have received with my wifes name and address hand printed on it, that while it does not require dates and signatures it does not comply with CCA as no prescribed terms etc or that the S.A.R - (Subject Access Request)data contained no agreement (No agreement was ever signed) I then advised her that I will be waiting for default to become offence for CCA and 40 days to expire for S.A.R - (Subject Access Request) will then send LBA giving Littlewoods the option to admit no agreement account cleared and closed, before I take action in court for same. At this point she admitted that they had not been able to find agreement and were still looking, I have a feeling she had forgotten that the call was being recorded by then.

 

dpick:D

[Jangles65]

ok looks like financial ombudsman will not be able to investigate (according to littlewoods) What do you think of this letter.

 

"The Financial Ombudsman Service has referred your complaint regarding the alleged miss selling of Payment Protection Insurance on the above mentioned accounts to us for investigation. Please accept my apologies that you have found it necessary to complain.

Your littlewoods credit account and PPI is provided by Littlewoods Finance Company and you Kays credit account and PPI is provided by Shop Direct Financial Services. Both of these companies from part of the Littlewoods Shop Direct Group, therefore in this instance, your complaints will be dealt with as one to make the process simpler for you .

In the interests of improving the service we offer to our customers, all complaints received are taken very seriously and a full investigation is always carried out.

Our understanding of your complaint is as follows

• You do not believe that you agreed to purchase the PPI policies on your accounts and would like the total premiums paid to be refunded.
  
• Your accounts have fallen into arrears and you are receiving letters and telephone calls from our Arrears Collection Department.
  
• You have submitted requests for copies of the original signed agreements for both accounts under section 77 and 78 of the consumer credit act 1974

We have made a full investigation, assessed your concerns and con confirm our findings as follows

• Your insurance complaints were previously investigated by Lynne Creswell from Insurance Customer Services. She wrote to you on the 14/05/2007 to advise you of some of the following points.
  
• PPI, known as Account Cover Plus was applied to your Kays account in August 1999, and PPI known as Agent Balance Care was originally applied to your Littlewoods account in September 1998.
  
• The version of PPI on your littlewoods account was subsequently upgraded on a number of occasions. You upgraded to extra care when you placed a further order in May 1999, you were then offered and accepted a further upgrade of Exta care 500 in January 2001. Furthermore, in January 2004 you were offered an accepted an upgraded to extra care advantage
  
• Each time PPI was applied to your accounts certificates of insurance outlining all the terms and conditions and benefits of multi purpose cover were sent to you.
  
• Within the policy documentation it advised you of the 30 day cancellation period, should you have decided that the products were not suitable for you. If cancelled within the 30 day period a full refund of premiums would have been given.
  
• All products are offered and accepted over the telephone and there is no paper work to sign.

• In addition to the above I feel it is appropriate to point out that the premium for PPI is charged each month and would have shown on each of your account statements when there was an outstanding balance.
  
• your ACP policy was cancelled on 21/2/2007 and a refund of £48.81 was issued on 21/02/2007 for the last three premiums you paid on this policy.
  
• the last variant of PPI on your littlewoods account ECA was cancelled on the 26/11/2005
  
• As the response from Norwich Union of 01/06/2007 points out, they were not the underwriters of your ACP policy when it was sold to you . Please accept our apologies for providing misleading advice in our response.

Taking the above in to consideration I am unable to uphold your complaint that all the variants of PPI have been miss sold, and therefore I am unable to refund all premiums paid. Although you have not claimed on your PPI policies, the cover has been in force on your accounts for a considerable period of time, and therefore you have had the benefit of the products, should you have needed to make a claim.

As your ACP was sold before 5th November 04 and the variants of PPI on your littlewoods account were sold before 22nd December 03, you are unable to refer your complaint to the FOS as we were not a member of a Dispute Resolution Service until these dates. I should advise you that if you do decide to refer to FOS it is unlikely they will consider your complaint. This is our final response in relation to the above.

In relation to your account being in arrears, my investigations have highlighted the following.

• Your Kays account went in to arrears on 20/3/2007 as no payments were received following your statement of 27/2/2007 and your Littlewoods account went into arrears on 26/11/2005 as payments have been insufficient since your statement of 01/10/2005.
  
• When accounts go into arrears it is company policy for us to pursue the debt via our Arrears Collection Department
  
• Where possible we try to come to an arrangement which is suitable for both the customer and the company.
  
• You contacted us on 20/05/2007 for a subject Access Request for both your kays account and your littlewoods account
  
• On the 14/06/2007 we supplied you with the above

In relation to your request for signed copies of the original credit agreements for these accounts, we are unable to supply a signed and dated credit agreement for both of your credit accounts therefore I can confirm that we can not enforce the debts. However if repayments are not made, the dept will remain unsatisfied and this will be noted on our internal file for future reference. This information will also form part of your records at the credit reference agencies where we share information. This information regarding your outstanding balance will remain on your credit reference file for 6 years. You would also be unable to obtain any further credit fro Littlewoods shop direct group.

As your credit related complaints are in relation to events on your account prior to 6th april 2007, you are unable to refer your complaint to the FOS. I should advise you that is you do decide to refer to the FOS it is unlikely that they will consider your complaint. This is our final response in relation to your credit complaint."

[hellhasnofury]

ok looks like financial ombudsman will not be able to investigate (according to littlewoods) What do you think of this letter.

 

 

"The Financial Ombudsman Service has referred your complaint regarding the alleged miss selling of Payment Protection Insurance on the above mentioned accounts to us for investigation. Please accept my apologies that you have found it necessary to complain.

 

Your littlewoods credit account and PPI is provided by Littlewoods Finance Company and you Kays credit account and PPI is provided by Shop Direct Financial Services. Both of these companies from part of the Littlewoods Shop Direct Group, therefore in this instance, your complaints will be dealt with as one to make the process simpler for you .

 

In the interests of improving the service we offer to our customers, all complaints received are taken very seriously and a full investigation is always carried out.

 

Our understanding of your complaint is as follows

• You do not believe that you agreed to purchase the PPI policies on your accounts and would like the total premiums paid to be refunded.
  
• Your accounts have fallen into arrears and you are receiving letters and telephone calls from our Arrears Collection Department.
  
• You have submitted requests for copies of the original signed agreements for both accounts under section 77 and 78 of the consumer credit act 1974

 

We have made a full investigation, assessed your concerns and con confirm our findings as follows

 

• Your insurance complaints were previously investigated by Lynne Creswell from Insurance Customer Services. She wrote to you on the 14/05/2007 to advise you of some of the following points.
  
• PPI, known as Account Cover Plus was applied to your Kays account in August 1999, and PPI known as Agent Balance Care was originally applied to your Littlewoods account in September 1998.
  
• The version of PPI on your littlewoods account was subsequently upgraded on a number of occasions. You upgraded to extra care when you placed a further order in May 1999, you were then offered and accepted a further upgrade of Exta care 500 in January 2001. Furthermore, in January 2004 you were offered an accepted an upgraded to extra care advantage
  
• Each time PPI was applied to your accounts certificates of insurance outlining all the terms and conditions and benefits of multi purpose cover were sent to you.
  
• Within the policy documentation it advised you of the 30 day cancellation period, should you have decided that the products were not suitable for you. If cancelled within the 30 day period a full refund of premiums would have been given.
  
• All products are offered and accepted over the telephone and there is no paper work to sign.

• • In addition to the above I feel it is appropriate to point out that the premium for PPI is charged each month and would have shown on each of your account statements when there was an outstanding balance.
    
  • your ACP policy was cancelled on 21/2/2007 and a refund of £48.81 was issued on 21/02/2007 for the last three premiums you paid on this policy.
    
  • the last variant of PPI on your littlewoods account ECA was cancelled on the 26/11/2005
    
  • As the response from Norwich Union of 01/06/2007 points out, they were not the underwriters of your ACP policy when it was sold to you . Please accept our apologies for providing misleading advice in our response.

Taking the above in to consideration I am unable to uphold your complaint that all the variants of PPI have been miss sold, and therefore I am unable to refund all premiums paid. Although you have not claimed on your PPI policies, the cover has been in force on your accounts for a considerable period of time, and therefore you have had the benefit of the products, should you have needed to make a claim.

 

As your ACP was sold before 5th November 04 and the variants of PPI on your littlewoods account were sold before 22nd December 03, you are unable to refer your complaint to the FOS as we were not a member of a Dispute Resolution Service until these dates. I should advise you that if you do decide to refer to FOS it is unlikely they will consider your complaint. This is our final response in relation to the above.

 

In relation to your account being in arrears, my investigations have highlighted the following.

 

• Your Kays account went in to arrears on 20/3/2007 as no payments were received following your statement of 27/2/2007 and your Littlewoods account went into arrears on 26/11/2005 as payments have been insufficient since your statement of 01/10/2005.
  
• When accounts go into arrears it is company policy for us to pursue the debt via our Arrears Collection Department
  
• Where possible we try to come to an arrangement which is suitable for both the customer and the company.
  
• You contacted us on 20/05/2007 for a subject Access Request for both your kays account and your littlewoods account
  
• On the 14/06/2007 we supplied you with the above

In relation to your request for signed copies of the original credit agreements for these accounts, we are unable to supply a signed and dated credit agreement for both of your credit accounts therefore I can confirm that we can not enforce the debts. However if repayments are not made, the dept will remain unsatisfied and this will be noted on our internal file for future reference. This information will also form part of your records at the credit reference agencies where we share information. This information regarding your outstanding balance will remain on your credit reference file for 6 years. You would also be unable to obtain any further credit fro Littlewoods shop direct group.

 

As your credit related complaints are in relation to events on your account prior to 6th april 2007, you are unable to refer your complaint to the FOS. I should advise you that is you do decide to refer to the FOS it is unlikely that they will consider your complaint. This is our final response in relation to your credit complaint."

 

 

 

Wow, they have admitted that they cannot give you the agreement and they cannot enforce the debt.

 

What are you going to do with this one????????

 

Claim back every bit of interest they charged you!

Claim back every ppi payment you made to them!

Tell them to remove all data from their files and those of 3rd Parties!

Negoiate a settlement figure drastically reduced.

 

Oh the list is endless:grin:

 

I would say it is your call now:lol: