PT2537's CCA request against Littlewoods

[pt2537]

Thanks guys, although the proof will be in the pudding as they say

[The GodMother]

did someone mention pudding.............please dont tease the pregnant lady.

 

Good POC. Must invest in a dictionary to understand some of what you have put but l understand you are saying they have broke the CCA, the DPA and OFT guidelines on debt recovery and as a result you want the to leave you alone.

 

Chrissi

[pt2537]

did someone mention pudding.............please dont tease the pregnant lady.

 

Good POC. Must invest in a dictionary to understand some of what you have put but l understand you are saying they have broke the CCA, the Data Protection Act and OFT guidelines on debt recovery and as a result you want the to leave you alone.

 

Chrissi

Thanks Chrissi

 

if you want a good dictionary then Mozley & Whitley's Law dictionary 12th Edition by butterworths is excellent for legal definitions

 

i have a copy here at home with me, along with the 500+ other books which make up my law library at home

 

youve got the concept of what im claiming and hopefully they will resolve this without the need for court but you never know.

[The GodMother]

Do you have 500+ doors that may need to be kept open?

 

Yeah l get the basic concept.

 

They are currently ignoring me. see my thread for further details.

 

Chrissi

[btonbadger]

Subscribing with great interest... best of luck with this, i hope this sends a warning to all those who think they can flout the regulations .

[alfwithhair]

Best of luck Paul.

Hope you nail the F**kers.

Alf

[ScarletPimpernel]

Most interesting. I suspect I may need to go down the same route with HSBC, who have admitted in writing that they have no agreement and that the debt is unenforceable, but continue to pass it from DCA to DCA, all the while adding interest and charges.

[Hopeful1]

Hi Paul.

 

After many failed attempts in the past, tonight, i have finally managed to read through the whole of your thread. It's a fantastic thread and full of good info for others (including myself!)

 

Looking forward to the outcome.

[The GodMother]

Have you heard anything yeat Paul?

[pt2537]

Cheers Hopeful,

 

i have been contacted by the FOS, apparently they never received my complaint form? and they want me to re instate the complaint.

 

FWIW i am gonna, merely cause then if i goto court, the judge will see that i have exhausted all options before taking legal action

 

i doubt the FOS will do anything but lets see what happens

 

Regards

paul

[Hopeful1]

Cheers Hopeful,

 

i have been contacted by the FOS, apparently they never received my complaint form? and they want me to re instate the complaint.

 

FWIW i am gonna, merely cause then if i goto court, the judge will see that i have exhausted all options before taking legal action

 

i doubt the FOS will do anything but lets see what happens

 

Regards

paul

 

How annoying! My tack will also be to complain to all about my catalogues. I have previously spoken to FOS and it did not seem they would be able to help. As you say though, making the complaint shows to the court that you have exhausted every avenue.

[The GodMother]

they never recieved your complaint, i think they mean they have binned it accidenlty of course.

 

Any way let us know how it goes.

 

Chrissi

[pt2537]

well, i know they received it, because i had a letter from littlewoods saying that due to my complaint to the FOS they have carried out an investigation

 

so it has left me somewhat confused.

 

still im sure that nowt will happen and it will just hold up my issuing the claim by a couple of weeks. i have all the time in the world so im not really bothered waiting an extra few weeks

 

Regards

paul

[yvonne69]

Good Luck Paul,

 

Been watching your thread with great interest, as in same position but a few months behind.

 

Yvonne

[Caz1974]

Morning Paul

Nice Poc's!

I recieved a letter from the FOS on Monday regarding Littlewoods to say they have recieved my complaint and are investigating but that in some cases it can take between six and nine months:eek:

So I hope you're prepared for the wait lol

Rather strangely though I had a phone call from a lady at Littlewoods the same day ( they have ignored all my letters for almost two years now apart from the usual NDR,Moorcroft.etc and notes on my credit file ) so it came as somewhat of a shock when she said she would be thoroughly investigating the matter and it would take approximately 8 weeks.

Hmmmm I don't hold my breath but we'll see - I hope your response from the FOS will be much more speedy.

At the end of the day we all want the same thing and that's to be treated fairly and within the law:)

[The GodMother]

good point Caz. Being treated fairly goes a long way.

 

Paul

 

If that has made you confused then they have defently confuse me. As we all know thought that is not very difficult for me tho.

 

Chrissi

[Caz1974]

Awwww Chrissi I didn't know you was expecting - I hope everything goes well

[pt2537]

Dear Mr PT2537

 

RE: Consumer Credit Act 1974

 

Thank you for you letter, dated 17th January 2008, and your email, dated 4th February, which have been passed to me to respond on behalf of Littlewoods Finance Company Limited (LFCo) and Shop Direct Financial Services Limited (SDFS).

 

Both companies recognise that there were failures in the processing of your section 77/78 (Consumer Credit Act) requests. Please accept my apologies for this. In response to these failures, the internal process for dealing with such requests has been reviewed in consultation with Liverpool Trading Standards.

 

Our interpretation of the wording in sections 77 and 78 is that the legal requirement to supply a copy of an executed agreement does not exist if there is not an executed agreement in existence. The fact that we cannot locate specific executed credit agreements for you would lead us to conclude that those agreements were not executed in the first instance. This conclusion would appear to be consistent with your own view.

 

Clearly, if these credit agreements were never executed then they will be unenforceable. However, in accordance with general contract principles unenforceable contracts are valid in all respects except that a party, in this case the debtor (you), cannot be sued on the contract by the creditor.

 

 

Regarding your credit reference file, as part of the Office of Fair Trading’s call for responsibility in lending, we and a number of other credit providers have agreed to pool certain types of information about customers’ conduct of their accounts. This information may be taken into consideration by other credit providers when they assess an application for credit. When you commenced trading with LFCo and SDFS, you will have been presented with a notice setting out how we use and disclose information relating to you and the manner in which your account is conducted. This information can be found in the back of our catalogues and also on our website help pages.

 

Any declaration under section 142 of the Consumer Credit Act could only declare that a particular credit agreement was unenforceable and it is already accepted by us that three of your agreements are unenforceable. A section 142 declaration would have no influence on the right of LFCo and SDFS to continue to provide the credit reference agencies with a record of how you have conducted your account. Of course, if you dispute the accuracy of your credit reference file, please provide me with details of any errors, together with any documentary evidence you have to support your claim, and I will have the matter investigated.

 

Yours Sincerely,

 

Well

 

i have had a reply from my friends at Littlewoods

 

ok breaking it down, ive got what i wanted, they have confirmed in writing well will have when i get the letter in hard copy, that they do not have an enforceable agreement

 

so that kinda blows the 142 arguement out of the water.

 

so i now have to take the issue to the ICO by the seems of it and look at the data protection issues.

 

what a pain,

 

still i need to research the legal position as we stand now with this new development

 

oh well.

 

 

regards

paul

[Caz1974]

hmmmm basically we hold no agreement with you but we'll do what we like with your details ( even though you haven't agreed )

Good old Littlewoods it's a shame about the section 142 I was getting excited about that!

Best of luck with your digging.

[humbleman]

Well

 

i have had a reply from my friends at Littlewoods

 

. When you commenced trading with LFCo and SDFS, you will have been presented with a notice setting out how we use and disclose information relating to you and the manner in which your account is conducted.

 

 

 

No I wasn't presented with any notices unless you can prove otherwise

[surprise]

Paul - waste of time going to ICO, there are several of us in the same position and we have gone down that route and they agree with Littlewoods. I think you will find this is why KennyParkRoad has threatened to go to court with his.

[pugsley]

keep up the fight:), I am in a similar position with littlewoods i.e no credit agreement but being hassled with letters from DCA's and a default on my credit record.

 

I have finished my law degree and like you are considering studying consumer law as a side interest. I have had some time out from this forum and am trying to get back into it all again, alot of the advice has changed on here regarding CCA's and it is hard to keep up.

 

Sandy

[dpick]

Hi Pt as you know I am going the FOS route with Littlewoods to get two defaults removed from my wifes CRA files, result so far the default applied by Legal Direct Recs, credit control manager, Littlewoods finance has just disapeared from the CRA files now only the one record and default. Will update you with any further due to FOS investigation.

 

dpick:)

[Hopeful1]

Hi Pt as you know I am going the FOS route with Littlewoods to get two defaults removed from my wifes CRA files, result so far the default applied by Legal Direct Recs, credit control manager, Littlewoods finance has just disapeared from the CRA files now only the one record and default. Will update you with any further due to FOS investigation.

 

dpick:)

 

Good stuff Dpick

 

Looking forward to the next installment, Paul.

 

To be honest though, i don't how you find time to deal with your own issues with all the defences / advice / info you're giving to so many others, including me (thanks to HFC :o )

[scousepie]

Hi Dpick,

 

can you enplane the FOS route ppl

 

thanks