Littlewoods - Default removal

[Blu 85]

Hi there am new to here and this is my first post so be gentle with me

 

Having susessfully got Halifax & Barclaycard to remove defaults from my credit files (no signed agreements) I now has this last problem with Littlewoods.

My credit file will be cleared up once this default from the has gone and I will finally be able to get a current account with debit card again.

 

To date I have sent Littlewoods the following...

 

LETTER ONE sent 28/02

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that you (Littlewoods) has placed a "Default" notice against an account in my name.

Further to this I don't have a recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. 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 cheque for £1 in payment of the statutory fee.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my credit files as unsubstantiated.

 

______________________________________________________________

 

they replied to this saying I owed £100 odd (I owe them nothing) and was a letter from a DCA attacted. Now since I sent that letter I have not heard from either Littlewoods or the DCA (and im 100% they don't have a signed agreement)

And of course they cashed my cheque!

 

So I sent this next letter to Littlewoods on 28/03

 

 

I wrote to you on the 28/02/07 asking for some relevant information. I enclose a copy of the letter which was sent via recorded delivery.

As 28 days has now passed from the date of the letter you are now in breach of your duties under Section 78 of the Consumer Credit Act. If you do not answer my original questions and reply within 7 days I will have no choice but to escalate the matter to the relevant authorities including the Ombudsman, Office of Fair Trading and the Information Commissioner's Office.

 

_____________________________________________________________

 

 

I haven't heard anything from Littlewoods and the 7 days are clearly up now. I really don't know what to do now.

 

Does anyone have any ideas or a template letter I can send to Littlewoods to move them along.

Im so near yet so far in having my credit file cleared up

 

Has anyone else sucessfully had a default removed by Littlewoods??

 

And sorry for the long post, I just don't know what else to do.

[ian1969uk]

[Their address]

 

[Date]

 

[Your address]

 

Account number: xxxxxxxxxxxxx

 

Dear sir or madam

 

Request for true copy of Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974

 

I wrote to you recently requesting a true, signed copy of any credit agreement that exists in relation to the above account. This is my right under Sections 77 and 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.

 

Both of these deadlines have now passed and I have received nothing in relation to my request. 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 request for a true copy of the credit agreement. Therefore, you must provide me with a final response in this matter, including your proposed actions for this account, by [insert date].

 

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.

 

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 within 21 days. This should include your proposed actions in relation to the lack of a credit agreement, and also any proposed negotiations on a mutually satisfactory way to resolve this issue.

 

Yours faithfully

 

[Your name]

[Blu 85]

Thank you very much for taking the time to do that for me

 

Has anyone else got Littlewoods to remove default?

From looking at other peoples threads I don't hold out much hope

[cresswell80]

nice letter ian... this could come in useful! thanks

[davefirewalker]

Hi blu

 

there are LOADS of people here who are dealing with littlewoods and have got their accounts cleared.... just use the search on the bar at the top of the forum

 

I'm just starting myself

 

 

Dave

[linz2011]

Hi this is really useful many thanks - does anyone know the registered address for littlewoods?

 

Thanks

[ian1969uk]

Littlewoods Finance Company

Aintree Innovation Centre

Park Lane

Netherton

Bootle

L30 1SL

[Blu 85]

Thanks for the info. Its not clearing the account though that is the issue, its is getting them to remove the default from my credit files (no CCA)

I couldn't find any other posts where other people had been sucessful with this

[davefirewalker]

there are many ways of trying to get a default removed,there are quite a few on here, again search for default removal.....

 

read this

 

http://www.consumeractiongroup.co.uk/forum/legalities/29293-dayglos-mission-get-his.html?highlight=surlybonds

 

or try this way

 

Remove Default Notices on a Credit File - We show you how

 

basic principle is the same for everthing.

 

but before you start make sure you know what youre doing

 

good luck

 

Dave

[davefirewalker]

A further point also

 

A basic principle would be to cca them......

 

if they cant prove that you have an agreement, how can they issue a default ?

 

Dave

[davefirewalker]

Also this one might be a bit more relevant

 

http://www.consumeractiongroup.co.uk/forum/general-debt/62464-netyard-littlewoods-default-removal.html?highlight=netyard

 

Dave

[Blu 85]

Thanks for taking the time to do all that for me.

 

At the top of the thread is a list of the Letters I have already wrote (CCA request) and telling them their time is up.

 

I'm just trying to push them along now!

[davefirewalker]

whoops... sort of jumped in without reading the first post properly....

 

One step would be to issue an N1 for non compliance......

that should rattle their cage

 

Dave

[Blu 85]

Hi there, sorry what's an N1?

[davefirewalker]

its a standard court claim...

 

Start legal proceedings

 

they will move pretty smartish after that

 

they have a certain time limit to comply with your requests, if they default on that you can start legal proceedings to make them comply. if they can't then they will have to remove any and all defaults otherwise the judge will, and give them such a rollocking and maybe a fine

 

Dave

[Blu 85]

OK and how do I go about that? Sorry I've nevr done anything with courts before.

I have had 3 other defaults removed this year and its just annoying that Littlewoods are being such a pain about it

[Layla_ck]

Who are the three other defaults you have had removed Blu?

 

I am currently looking at removing a Capital One and Great Universal defaults removed

[davefirewalker]

Hi Blu

 

the forms are here.....

 

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do

 

 

also take a look at this.... quite helpful

 

 

How to Start a Court Claim

 

Remember a claim does not have to have a monetary value, but should show some harm or detriment to you

 

this could be shown by saying that your credit reference is bad because of their faulty data and they will not remove it ...causing you actual finacial harm and distress

 

 

This is for noncompliance with SAR... the CCA should be similar...if I can find it I'll post it

 

basically just edit it to suit, and post it here for advice first

 

Dave

 

Sample Particulars of Claim: Text in red should be amended/deleted as appropriate.

 

NB: Please note that some County Court staff may not be aware of the procedure for these claims. It is important that you insist that the N1 is accepted - and that your claim is NOT a "pre-action disclosure", or a claim under "part 8".

 

The Information Commissioner has indicated that these claims should be dealt with in the Small Claims track.

 

 

BRIEF DETAILS OF CLAIM (On Front of N1)

 

Order under Section 7 and Section 15(2) of the Data Protection Act 1998

Damages

 

NB: It is absolutely vital that you do not use the word "injunction" as this may cause problems. You will also find that the fee varies from £30 to £150, depending on the court involved. Of course, this fee should be recoverable, and if you qualify for relief from paying fees you will not have to pay, or it may be reduced.

 

 

PARTICULARS OF CLAIM

 

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

 

2. The Claimant (has/had) an account number (Insert Account Number) ("the Account") with the Defendant which was opened on or around (Insert date) (and closed on or around (Insert date)).

 

3. On (Insert Date) the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply.

 

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage (and distress).

 

6. The damage (and distress) caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £...........

 

Add any further things that can be clearly quantifiable, and to which you can provide proof.

 

Please be aware that claims for distress are only available where the distress is caused by the quantifiable damage. You would usually need professional evidence in support. If you are intending to go down this route it is vital you contact us before proceeding.

 

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

-----------------------------------------------

 

rgds

 

Dave

[davefirewalker]

Hi Blu

 

some other info for you

 

get your reading head on and study

 

 

Non compliance with a cca request is not civil it is criminal - the offence carries a penalty upto either £2,500 fine or 3 months imprisonment.

 

 

below are various extracts from the CCA1974 which are relevant,

MAINLY S78 (1) and (6)

 

 

Dave

 

 

 

60 Form and content of agreements

 

(1) The Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that the debtor or hirer is made aware of—

 

(a) the rights and duties conferred or imposed on him by the agreement,

 

(b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement),

 

© the protection and remedies available to him under this Act, and

 

(d) any other matters which, in the opinion of the Secretary of State, it is desirable for him to know about in connection with the agreement.

 

 

(2) Regulations under subsection (1) may in particular—

 

(a) require specified information to be included in the prescribed manner in documents, and other specified material to be excluded;

 

(b) contain requirements to ensure that specified information is clearly brought to the attention of the debtor or hirer, and that one part of a document is not given insufficient or excessive prominence compared with another.

 

 

(3) If, on an application made to the Director by a person carrying on a consumer credit business or a consumer hire business, it appears to the Director impracticable for the applicant to comply with any requirement of regulations under subsection (1) in a particular case, he may, by notice to the applicant, direct that the requirement be waived or varied in relation to such agreements, and subject to such conditions (if any), as he may specify, and this Act and the regulations shall have effect accordingly.

 

(4) The Director shall give a notice under subsection (3) only if he is satisfied that to do so would not prejudice the interests of debtors or hirers.

 

 

 

61 Signing of agreement

 

(1) A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

 

(b) the document embodies all the terms of the agreement, other than implied terms, and

 

© the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

 

 

(2) In addition, where the agreement is one to which section 58(1) applies, it is not properly executed unless—

 

(a) the requirements of section 58(1) were complied with, and

 

(b) the unexecuted agreement was sent, for his signature, to the debtor or hirer by post not less than seven days after a copy of it was given to him under section 58(1), and

 

© during the consideration period, the creditor or owner refrained from approaching the debtor or hirer (whether in person, by telephone or letter, or in any other way) except in response to a specific request made by the debtor or hirer after the beginning of the consideration period, and

 

(d) no notice of withdrawal by the debtor or hirer was received by the creditor or owner before the sending of the unexecuted agreement.

 

 

(3) In subsection (2)©, “the consideration period” means the period beginning with the giving of the copy under section 58(1) and ending—

 

(a) at the expiry of seven days after the day on which the unexecuted agreement is sent, for his signature, to the debtor or hirer, or

 

(b) on its return by the debtor or hirer after signature by him,

 

whichever first occurs.

 

(4) Where the debtor or hirer is a partnership or an unincorporated body of persons, subsection (1)(a) shall apply with the substitution for “by the debtor or hirer” of “by or on behalf of the debtor or hirer”.

 

 

62 Duty to supply copy of unexecuted agreement

 

(1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, but on the occasion when he signs it the document does not become an executed agreement, a copy of it, and of any other document referred to in it, must be there and then delivered to him.

 

(2) If the unexecuted agreement is sent to the debtor or hirer for his signature, a copy of it, and of any other document referred to in it, must be sent to him at the same time.

 

(3) A regulated agreement is not properly executed if the requirements of this section are not observed.

 

 

63 Duty to supply copy of executed agreement

 

(1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, and on the occasion when he signs it the document becomes an executed agreement, a copy of the executed agreement, and of any other document referred to in it, must be there and then delivered to him.

 

(2) A copy of the executed agreement, and of any other document referred to in it, must be given to the debtor or hirer within the seven days following the making of the agreement unless—

 

(a) subsection (1) applies, or

 

(b) the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement.

 

 

(3) In the case of a cancellable agreement, a copy under subsection (2) must be sent by post.

 

(4) In the case of a credit-token agreement, a copy under subsection (2) need not be given within the seven days following the making of the agreement if it is given before or at the time when the credit-token is given to the debtor.

 

(5) A regulated agreement is not properly executed if the requirements of this section are not observed.

 

 

78 Duty to give information to debtor under running-account credit agreement

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a) the state of the account, and

 

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

 

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

 

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

 

(a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

(b) if the default continues for one month he commits an offence.

 

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement.

[pugsley]

Littlewoods defaulted on my CCA request about 6 months ago and haven't contacted me since, they have unfortunately lodged a default on my credit file which needs to be removed pronto.

 

Did you send that letter and get a reply?

[TheAnalyst]

any update on this from the original poster?

[linz2011]

Hi

 

I am back and forth with Littlewoods still no joy also Next Directory but I was successful with Great Universal I am not going to give up though probably issue through court next

[TheAnalyst]

How did you get the Great Universal default removed?

[linz2011]

the account was passed to Moorcroft I CCA'd them then received a letter from GU saying they were not pursuing this has they did not have a credit agreement - i am an equifax gold watch customer and receive alerts if my file changes and i received an alert the following day and the default had gone!! unbelievable in comparison to Littlewoods and next they are a nightmare.

[SURFBOY]

that is strange that as great universal are part of littlewoods shop direct !

They all come under the same company umbrella!