Littlewoods-unable to comply with SAR due to high demand!!

[rockinrodders]

Hi,

 

I sent a SAR letter to Littlewoods back on 11th April. I got a reply today saying that 'due to high number of requests for SAR' they would be unable to send me the details requested until at least the end of June.

 

Shall I just carry on as normal and sent LBA after 40 days? or wait for them to send it through in a couple of months?

 

I wouldn't have bothered at all as the account was closed a couple of years ago, but I checked my credit file and noticed a default registered by them in April 2004. I never received a notice and still amunaware of any outstanding balance. The default balance was £30

 

I know for a fact that i paid a few late payment fees and bounced cheque fees which were for a lot higher value than the £30

 

Shall I push on, or does anybody have a better route to take with them?

 

Thanks again for all you help.

[noomill060]

As you already have your statements, just proceed as normal and send LBA after the 40 days has expired.

 

You can also make official complaint to the ICO, both for non-compliance and the default notice.

[noomill060]

In the meantime, you can amuse yourself by working out how much the contractual interest on the charges is, so you can claim this back with your charges.

 

Use this-

 

Compound interest calculator

 

Use the interest rate they charge you as the rate of interest. Being a store card its going to be very high!

 

12 "rests" per year and click the "360 day" year box

 

Calculate the interest on each individual charge from the day it was applied until the date their 40 days runs out.

 

Then add up each individual interest figure, then add the total to your charges.

 

You will delighted at how much they really owe you!

 

If you need any help, just shout.

[noomill060]

Sorry! Ive got your thread confused with another. (doh!)

 

Disregard what Ive said if you dont have your statements and complain to the ICO if they dont send you statements within the 40 days.

 

Keep all letters you get from them and get them copied so you can send this as evidence with your complaint to the ICO.

[noomill060]

You will be able to have the default removed as well, but one step at a time.

[noomill060]

You could send them a letter reminding them that, by law, they must comply with you S.A.R - (Subject Access Request) within 40 days, and no excuses for any delays will be tolerated.

[noomill060]

You send the Letter Before Action only when you know how much they owe you.

 

You wont know this until you have all your statements.

[rockinrodders]

Thanks for the help.

 

I'll write and remind them that I am not prepared to wait more than 40 days.

 

And sorry, but I read on anohther thread that after 40 days if they had not been received I should send them a LBA threating court action if they were not received within the7 days?

 

SHould I write to the ICO instead after 40 days then?

 

Thanks again!

[noomill060]

You should both complain to the ICO AND send the non-compliance LBA after 40 days.

 

Then after 7 days, or whatever your LBA says, start small claim procedings for damages and a court order for them to comply with your SAR.

[harrythehawk]

I have the same letter, will be demanding the information by the end of the week otherwise it is off to court we go, just out of interest can you use MCOL for SAR non-compliance claims ?

[harrythehawk]

Well, my deadline expires today so I need to press on unless anything is on the doormat when I get home, any one know if I can use MCOL for non-compliance with SAR s ???

[rockinrodders]

Hi, I have read confilicting reports on here at to whether you can file on MCOL or not as it is not a moneyclaim. Some people are getting round it by adding a small amount of money for damages. The fee is £150 for a non monetary claim but if there is a monetary amount the fee can be much lower.

 

There is some templates for what to put in yout N1 particulars of claim in the bank templates section.

 

I think a lot of people are moving straight on with step 2 of their claim using an estimate of charges, then it is up to the company to 'prove you wrong' which they can only do by providing the SAR information.

[harrythehawk]

Thanks, I think I will give that a go, have some statements so can make some guestimates from those.

[rockinrodders]

Hi, Got the statements for one littlewoods catalogue at last.

 

Its a load of mumbo jumbo though, all screen prints that don't make a lot of sense. Theres a load of items with description DBR that vary between 5 and 30 each so think they may be the charges?

 

They have been increasing the balance even with the paments that are being made.

 

Ive never bought anything since so it cant be anything else, so can anybody confirm what a DBR is plz?

[harrythehawk]

There should be a code sheet which tells you what the numbers next to each entry on the monthly statements are, there is a number which corresponds with charges near the bottom of the list. Also, mine included a summary sheet which detailed the entries as "Administration Charges" which did tally with the monthly statements but do double check this.

[rockinrodders]

There was no summary of charges but I found a key explaining the different codes they used 174G were admin fees

 

They total £190 odd, so prelim sent and also removal of default which was only for £35!!

 

I even wrote in the letter that I was willing to forget the money as long as they moved all traces of the default from my records. that was the only reason I began the reclaim. I never knew I had a default from them until I read my credit report when I got declined for a loan.

 

Thats worth much more than the £190 in the long run.

[rockinrodders]

No reply yet from littlebrains so sending the LBA tomorrow

 

When I look at the list of charges there was a lot of them for only £5 or £10 and one or two for £30

 

Can I still claim the smaller charges or would they try to argue that they are below the OFT threshold (even though its a catalogue and F all to do with credit cards!)

 

Just checked my credit report and they have now marked my default as settled and it had an outstanding amount of £15 before. Perhaps due to the fact that they haven't supplied me with the CCA or default notice yet. But thats not good enough....oh no no no!

[rockinrodders]

bump

 

I'd like to send the LBA to littlewoods but not really sure where I stand with claiming back the smaller £5 and £10 charges?

 

Any body had any dealings with Littlewoods?

[rockinrodders]

Filed the court claim for full amount plus interest. Claim was issued on 20th July. No acknowledgement when I got back from holiday last week.

 

I phoned the court and they said still no acknowledgement so I can request judgement. I faxed the form to them at their request and they confirmed receipt.

 

This week I called to see if it had been actioned yet and they had lost the request so I had to send it again by recorded post. They say they have a 5 day backlog of judgements....talk about giving the defendant an unfair advantage, an extra 7-8 days to get their documents in.

 

They signed for delivery today so have to hope littlebrains don't respond in the next 5 days before I get judgement by default.

[rockinrodders]

Littlewoods did not file an acknowledgement to the court, so they awarded judgement by default on 15th August even though I only got the court letter today.

 

Presumably Littlewoods will now try to overturn this and request it is set aside.

 

The amount is only about £250 so it will probably cost them more to defend it and get the court to accept their call for it to be set aside. Should I give them a call and request payment, or just leave it and pay for a warrant and get the bailiffs down there?

 

I'm more bothered about the default and adverse information that was part of my POC and I stated it on the request for judgement form. But it was not mentioned on the judgement notice I got back from the court - it onyl said they must pay the money immediately. That littlewoods default for £35 is killing my credit score!

[rockinrodders]

I called Littlewoods last week and asked when they were going to pay up as I had been awarded judgement against them.

 

They claimed never to have received the notice of issue and said they would contact the court and then decide whether it was worth asking for it to be set aside or if it was cheaper to pay up.

 

They asked me to fax them my notice of judgement, which I did a week ago but still not heard anything. but in my experience they have been exceedingly slow in everything they do.

 

Shall I give them more time or request a warrant from the court to send the bailiffs in?

[noomill060]

Warrant of Execution as soon as possible.

[noomill060]

They have 21 days from the date of judgement to apply for a stay, but they would need a VERY good reason to be successful.

 

Keep the pressure on them.

[rockinrodders]

I got a letter from littlewoods saying they didn't receive the court forms, but in view of the time and expense involved with filing a defence they had decided to pay up. Received a cheque for the amount of my claim.

 

No word on the removal of default though, that was a part of my POC and I'm not closing the claim until that is gone. That was more important than the money as it was a small amount, but the default for a £30 balance ruins my credit rating!

[rockinrodders]

I received a letter confirming that Littlewoods had agreed to remove the default and adverse information.

 

Guess thats a win then!