Horwood Vs Littlewoods Visa Card ***WON***

[scuzziemoo]

This is my third venture on getting charges back (others still pending). I just sent the £10 cheque off for my statements. Lets hope they don't make a fuss

 

Heather x

 

PS Littlewoods Visa is run by barclays so i didn't know which board to put this on.

[moving on. .]

Good Morning Heather,

Can you please advise me of the address you sent the SAR to?

regards....

[scuzziemoo]

Sorry for the late reply Moving on... I couldn't remember the address I sent it to, and coz of my computer crashing I've lost a lot of letters and addresses.

 

anyways.....

 

I recieved my statements today, and they owe me over £200. I know it's not a lot, but it's enough for a single mum like me

 

what is the link for me to work out my charges for a littlewoods card? is it any different to the one on the site?

 

Cheers as always

Heather

[scuzziemoo]

Ok, this morning I recieved a fob off letter from LPF saying that they disagree with the charges being unfair lol. But have offered me the difference back from the £20 they used to charge and the £12 they charge now. Thats £8 back per charge giving me a total of £96!

 

Will I'm not going to accept that, so off I go to the next stage!

 

This was a reply to the first letter i sent them, using the credit card template on this site, do i send them another letter giving them another 14 days to ponder over my rejection, or do i just wait out another week and start court proceedings?

 

Advice always welcome

Cheers

Heather

[scuzziemoo]

Ok just used the rejecting letter template, hopefully I have amended it well enough to work for a credit card company. I've accepted their part payment as I'm trying to clear the balance on the card quickly as possible, but have stated that I will still be going for the full amount in a count court.

 

Fingers crossed this will work, egg got to this stage and gave up to pay in full, hopefully these will do the same!

 

Heather x

[steven4064]

Heather

 

At the end of 14 days from your original letter claiming charges back you should send a letter before action (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html)

 

THat gives them 14 days to reply positively or you will start court action without any further notice. Let us know what happens so we can help you through the next stage(s).

 

Steven

 

If this post is helpful, please click the scales

[scuzziemoo]

I'm preparing to do my N1 form, I know you have a copy of what to write for Banks, but is it the same for credit cards? Also who do I address as the defendent.

 

I have a Littlewoods Card which is done by Littlewoods Personal Finance, which is a trading name for Solution Personal Finance Limited. The stated creditor is Barclays Bank PLC.

 

Now who am I taking to court out of all these? I don't want to make a mistake and have to pay £35 to amend it!

 

Cheers

[steven4064]

I'm preparing to do my N1 form, I know you have a copy of what to write for Banks, but is it the same for credit cards? Also who do I address as the defendent.

 

I have a Littlewoods Card which is done by Littlewoods Personal Finance, which is a trading name for Solution Personal Finance Limited. The stated creditor is Barclays Bank PLC.

 

Now who am I taking to court out of all these? I don't want to make a mistake and have to pay £35 to amend it!

 

Cheers

 

Heather

 

What you put on the N1 is essentially the same as for banks. I will post what I put on my credit card claim in another post.

 

I think you are taking Solution to court. As the defendant you should put "Solution Personal Finance Limited trading as Littlewoods Personal Finance". You will also need the address, which is

 

SOLUTION PERSONAL FINANCE LIMITED

AINTREE INNOVATION CENTRE, PARK

LANE, NETHERTON

BOOTLE

L30 1SL

 

They are linked to Barclays but I am sure that is not relevant. Companies are independent entities and the fact that one might be owned by or related to another is irrelevant.

 

Steven

[steven4064]

Here are the Particulars of claim we used suitabley amended:

 

IN THE TOYTOWN COUNTY COURT

 

BETWEEN

 

scussiemoo, CLAIMANT

 

AND

 

SOLUTION PERSONAL FINANCE LIMITED trading as LITTLEWOODS PERSONAL FINANCE, DEFENDANT

 

PARTICULARS OF CLAIM

 

1. The Claimant had an account number xxxxxxxxx, ("the Account") with the Defendant which was opened on or around date.

 

2. During the period in which the Account has been operating the Defendant has automatically debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges (“the Schedule”) applied is attached to these Particulars of Claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account were punitive in nature; were not genuine pre-estimates of costs incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and were not intended to represent or related to any alleged actual loss, but instead unduly enriched the Defendant which exercised the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of

 

i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and

 

ii) the Unfair Contract Terms Act 1977, particularly but not limited to sections 3 and 11 and Schedule 2 and

 

iii) the common law relating to liquidated damages and penalties in contracts.

 

5. To the extent that it is found that the Defendant’s charges were for the provision of credit services the Claimant contends that the price thereof is unreasonable pursuant to section 15 of the Supply of Goods and Services Act 1982.

 

6. The defendant had, in addition, levied interest on these charges at the rate of 29.9%.

 

7. The Claimant avers that, by this action, the Defendant has sought to enrich itself by the consequences of unlawful action, specifically, unlawful penalty charges as detailed above and applied in terrorem.

 

9. Accordingly the Claimant claims:

 

a) the return of £xxxx (write amount ion words) debited to the Claimants account plus yyy (write amount ion words) debited to the Claimant’s account in respect of interest on charges detailed in the attached schedule, in the sum of £zzz (TOTAL - write amount ion words);

 

b) Court costs;

 

c) Interest under section 69 County Courts Act 1984 at the rate of 8% per year from date of claim and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.022%.

 

I believe that the contents of these particulars of claim are true

 

 

Steven

[steven4064]

.... and brief particulars of claim

 

Repayment of interest on amounts charged by the defendant and debited to an account with the claimant for purported breaches of a contract to supply credit services. The claimant avers that these charges and the interest thereon were levied against him in contravention of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

The Claimant claims:

 

a) the return of £xxxx (write amount ion words) debited to the Claimants account plus yyy (write amount ion words) debited to the Claimant’s account in respect of interest on charges detailed in the attached schedule, in the sum of £zzz (TOTAL - write amount ion words);

 

b) Court costs;

 

c) Interest under section 69 County Courts Act 1984 at the rate of 8% per year from date of claim and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.022%.

 

 

THese go on page 1. ON page 2 under particulars of claim write "attached" and attach the above on a seperate sheet.

 

Steven

[scuzziemoo]

Thanks very much for the N1 form info, in the last letter I sent them I gave them the 14days notice, and that has now passed. I'm going to be nice and give them grace til monday (mainly because i think I'm actually getting somewhere with negotiations). I'll write out the N1 Form anyways, and post it as soon as I know whats in the post on monday.

 

Thanks again

[scuzziemoo]

Just out of interest. It says on my monthly statement. "Purchase Annual Rate - 37.9%" and also "Cash Annual Rate - 37.9%" Can i really try to get back interest at the same rate of 37.9%? or do i stick to the banks usual 8%?

 

please let me know soon as poss.

Heather x

[steven4064]

Just out of interest. It says on my monthly statement. "Purchase Annual Rate - 37.9%" and also "Cash Annual Rate - 37.9%" Can i really try to get back interest at the same rate of 37.9%? or do i stick to the banks usual 8%?

 

please let me know soon as poss.

Heather x

 

Heather

 

If they charged you 37.9% then that's what I would go for. We have just won against GE Money at 29.9% (which is what they charged us)

 

Steven

 

If this post is helpful, please click the scales

[scuzziemoo]

lol sounds good to me. any ideas what the calculations are for working out the interest for 37.9%?

 

Cheers as always

[steven4064]

lol sounds good to me. any ideas what the calculations are for working out the interest for 37.9%?

 

Cheers as always

 

Use one of the spreadsheets in the templates section or Mindzai's (http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls)

 

Steven

 

If this post is helpful, please click the scales

[scuzziemoo]

sorry to be awkward, looking through the particulars of the claim, its still got on there the bit about Section 69 and claiming 8%. now if I'm claiming the 37.9% that the company charges me, do I keep this in and amend it? or do I take it out completely?

 

Cheers

 

I was sent a goodwill payment of £96, and I told littlewoods that I'll still be going for the rest. Do I add in the N1 form that I've recieved this goodwill payment?

[steven4064]

Create your schedule with the 37.9% interest - that is then your claim. Under the Couty Court Act 1984 s69 you are entitled to 8% interest on your claim up until the time of judgement or earlier settling of the claim. In other words you add the 8% on top of the 37.9% effectively.

 

So inyour PoC and brief PoC you say something like

 

a) the return of £xxxx debited in respect of charges plus £yyy interest charged thereon;

b) court costs

c) interest under s69 County Courts Act 1984 at the rate of 8% per year (0.022% /day).....

 

Note: some have claimed contractual interest (in your case at 37.9%) up until the timeof judgement. In that case you obvviously can't claim 8% as well.

 

Steven

 

[scuzziemoo]

I haven't got my N1 in yet, as the letter proving my exemption from fees was 4 days out of date, so need to wait for another letter confirming benefits before I can pursue any further with that.

 

This morning I received this letter.

 

Dear Miss

 

I refer to your letter dated 24th May 2007.

 

I note that you are dissatisfied with our offer to refund £96.00. However our position remains that we believe it is fair when customers' break the terms of their agreement with us, we recover the costs. Therefore, I am not prepared to consider your request for any further refund.

 

As previously advised, when your barcleycard account was opened, you signed and agreed to our Terms and conditions and this includes details of our charges. The information provided at application stage clearly explains our obligation to our customers, as well as their obligation to us. If we make any changes to the Terms and Conditions we provide details of these to our customers.

 

I appreciate that this may not be the outcome you expected, however I trust that the information I have provided has clarified Barclaycard's position.

 

Should you have any further questions regarding this matter please do not hesistate to contact me, If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsman Service. Further details of this service are available on request. If I have not heard from you within 8 weeks, from the date of this letter, I will close my complaint file in accordance with our usual practice.

 

Yours Sincerely

Bev Brady

Customer Services

 

 

Right, so now what? do I just file my N1 and then see their reaction, or something completely different?

 

Cheers

Heather

[steven4064]

lLooks like a standard fob of letter. Ignore it and go on wit your claim as they have not given you a satisfactory answer in your timescale

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

[scuzziemoo]

grr, I've just made a silly mistake

 

I noticed when going through my statements, that I used to have an introductory interest rate of 12.9. and when I did my figured I did 37.9% for the whole charges claim. I've already sent in my N1, am I going to have to amend it?

 

Heather

[steven4064]

You could just write and tell them you made a mistake see http://www.consumeractiongroup.co.uk/forum/show-post/post-912852.html and the next few posts

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

[scuzziemoo]

Grr! damn royal mail, they lost my form! Got to send in the N1 form again. which to be honest, I'm quite happy about, because I don't want to claim CI anymore, seems like to much hassel to get the numbers right.

 

Hev

[scuzziemoo]

Right after having to get more evidence for the fee exemption form, I finally got my forms in to the court in person yesterday. I've been told they'll be issued today, so it'll be interesting to see what Solutions Finance do now... eek!

 

Heather x

[steven4064]

Heather

 

Don't worry, we're right behind you. Keep us posted (I know you will!)

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

[scuzziemoo]

Yep I will keep you informed. Littlewoods have until 4pm today to put in a defense, I rang this morning, and as for yet they haven't put in a defense. So fingers crossed. I'm going to ring monday morning, and if they haven't put in a defense, I'll send in for a judgement.

 

wish me luck (again lol)

Heather