no credit agreement..wot now???

[yaffsimone1]

The letter from FOS is standard. It may be a good idea to write to Littlewoods confirming whether or not you accept their refund, personally i wouldn't accept it, i would ask for payment in full in form of a cheque or its court action

[trojanska]

hello yaffsimone,you ok?should littlewoods ask me if i accept the money credited back into my account? and the FOS letter was nothing to get excited about......ah well,shall get writing again!! take care xx

[yaffsimone1]

Littlewoods won't ask you for anything, they will credit it to the account assuming you are going to say 'thank you very much and thats the end of it'...i dont think so!

 

Even if they stick to their guns and refuse to offer the full amount in form of a check and the credit stays on the account, i would still sue them.

 

FOS will get in touch with you but like TS they are run off their feet with complaints from angry consumers.

 

My claim form gets posted in court tommorrow, cant do it earlier as i gave them 7 days to refund me and the 7 days are up tomorrow. I did send a copy of the claim form to them today by Special Delivery just to gee them up a bit;)

[brooklyn]

hello out there,

 

ive posted this on the comet page to but this one seems relevent.

 

i hope someone can help. a few months ago my husband orderd a laptop through a comet call center, we used my card to pay a deposit. the paperwork (credit agrrement) came and was incorrect and in my name so sent it back again it was incorrect sent it back then comet phoned me and said they did not recieve it. i was that fed up i said just forget it we'll go elsewhere. yesterday (several months after the last comunication with) them i received a edge account with the balance plus interest on so i called and explained the situation but was told the account has to be paid. my response was that i never had anything from them it was one big cock up, i was then told as far as they were concerned the laptop was deliverd and the debt is mine to pay. i have not had any such delivery nor signed for it but according to comet someone has signed for the delivery and once the item leaves comet it is not their resposibility its mine. i have asked how the account could be opened and was told the credit agreement must have been prossessed so i requested a copy of the agreement but the lady i spoke to said that comet do not have it nor copies and said the finance company ge capital have it. i then contacted ge capital and they have no such agreement and have no idea how an account was set up without it. ge were very helpfull and said to go to a local store (as the order was done through a call center) and they will confirm to a manager that there is no such agreement. if comet have no agreement and ge capital have no agreement and i have not received anything why am i being told by a manager at comet call center that because it was deliverd and signed for i have to pay. the chap at my local store is still trying to sort it out for me but with no promises. another store manager which was the first port of call flatly refused to help.

[trojanska]

hello Yaffsimone if you`re out there!! got a letter from TS today and they say they`ll be ringing me tomorrow,but technically they won`t be able to tell me nothing more than you peeps have told me,or do they talk to littlewoods as well???? i`m nearly smiling,have written a booty of a letter and will send depending on wot the TS say....they`re gonna pay for what they`ve put me through:!: They`re not gonna make me feel like a worthless piece of s**t again:!: take care,let me know how you`re going xx

[pudsters14]

hello out there,

 

ive posted this on the comet page to but this one seems relevent.i hope someone can help. a few months ago my husband orderd a laptop through a comet call center, we used my card to pay a deposit. the paperwork (credit agrrement) came and was incorrect and in my name so sent it back again it was incorrect sent it back then comet phoned me and said they did not recieve it. i was that fed up i said just forget it we'll go elsewhere. yesterday (several months after the last comunication with) them i received a edge account with the balance plus interest on so i called and explained the situation but was told the account has to be paid. my response was that i never had anything from them it was one big cock up, i was then told as far as they were concerned the laptop was deliverd and the debt is mine to pay. i have not had any such delivery nor signed for it but according to comet someone has signed for the delivery and once the item leaves comet it is not their resposibility its mine. i have asked how the account could be opened and was told the credit agreement must have been prossessed so i requested a copy of the agreement but the lady i spoke to said that comet do not have it nor copies and said the finance company ge capital have it. i then contacted ge capital and they have no such agreement and have no idea how an account was set up without it. ge were very helpfull and said to go to a local store (as the order was done through a call center) and they will confirm to a manager that there is no such agreement. if comet have no agreement and ge capital have no agreement and i have not received anything why am i being told by a manager at comet call center that because it was deliverd and signed for i have to pay. the chap at my local store is still trying to sort it out for me but with no promises. another store manager which was the first port of call flatly refused to help.

 

Hey, if they have stated there is definately no credit agreement then as far as i'm aware the debt in unenforceable. I would start your own thread (apologies if you already have one) then put a link on the main CCA thread asking for some help. I wouldn't worry at all here, this isn't on and comet will have to get it sorted for u.

 

Hope all goes well, i will look out for ur thread... sorry Tro 4 thread-butting (like that makes any sense but you know what I mean!) LOL

 

Oh and I wrote a top letter and sent it to the directors office, so will let you know how I get on!

 

Thanx again 4 the address!

 

Pudsters14

x x x x x x

[trojanska]

hello everyone,well TS did`nt get in touch so have sent a letter with my demands and i`ve sent it recorded delivery so they can`t deny it,if they don`t comply,well...bring it on!!!take carexx let me know how you`re doing xx:p

[trojanska]

have just received a letter from the FOS today saying...Thank you for your recent enquiry.I am sorry to disappoint you but,after firther investigation,your complaint does not appear to be one we are able to deal with.That is because the business you have complained about only became covered by us on 6 April 2007,and we have no authority to deal with complaints against it about things that happened before that date.From what you have told me,your complaint is about something that happened before 6 april 2007 which means that-even though you are still in dispute with littlewoods shop direct home shopping ltd-we are not able to look into the matter. where does this put me and all the other folk that have fighting these gits for some time????:-?

[yaffsimone1]

So they cannot look into your complaint because they were not members or whatever it is called. You still have to complain to Trading Standards and OFT for the part of the criminal matter... if you have not done so already.

[trojanska]

hello Yaff,how are you doing?? have written to oft and will send another letter to ts as they still have`nt got back to me and when i ring the woman is never there!!! Take care xx

[yaffsimone1]

They will both get back you remember they are very busy. All you can do is sit back and wait, all that can happen is it will get worse for Littlewoods because they are going to keep sending ldemand etters etc. You have to work through it and keep reminding yourself they are in the wrong, the bigger case you build the better. Unfortunately these things dont get resolved overnight.

[yaffsimone1]

I sent my claim form to Littlewoods they wrote back and said they had passed it on to the relevant department for 'consideration'. Idiots

 

They can consider it all they like but i wont be hanging around for ever they either deal with the claim or they get a warrant.

[trojanska]

hello Yaff,thanks for taking the time to reply,some days i seem to go round in circles,i thought i was totally up the swanny that`s why i started another thread,i got major cobb on,but i`m calming down now,thanks again xx

[bathgatebuyer]

Should someone without a CCA then contact both their local Trading Standards and the OFT? My local TS are interested and willing to take the matter forward, but haven't contacted the OFT YET!

[yaffsimone1]

If TS are willing to take the case on then great.

 

There may not be any need to contact the OFT but remember this creditor, without me knowing your situation, has possibly committed a criminal offence. I feel its only fair to report them to OFT and any possibly the FOS, ICO and DTI

 

 

There are many others that are having the same problem as you with the same company the more the OFT and others are made aware of this the better.

[trojanska]

i went onto the experian website and they have`nt even put me under the the heading account query!! can i be writing to experian telling them that i want my file removed as they have told me there is no credit agreement or do i have to wait for TS:confused:

[yaffsimone1]

The main thing here is that there is no agreement, getting your file cleared is one of the last things you should be doing firstly you have to get Littlewoods to either write the debt off, accept 10% F&F or accept reduced monthly payments. If you have done any of those then yes go for getting the credit file sorted but you cannot do this until the above as been dealt with.

 

If the above has been done:-

 

Send a letter off to Experian stating that Littlewoods do not have a credit agreement and write saying that the lack of the agreement negates any right Littlewoods have of processing your information and highlighting that it is in breach of the Data Protection Act 1998. Send copies of the letter from Littlewoods. Experian if they are doing their job properly will then contact Littlewoods to confirm the information.

 

Experian may or may not listen to you, try it see what happens if they dont remove the data wait to see what TS have to say. If TS do come back and say that the Data Protection Act has been breached send that proof off to Experian and demand that they remove the information, if that fails you will have to get an injunction from the court.

 

Trojanska stop worrying you are getting yourself tied up in knots. This will take alot of letters being passed to and from and will not happen overnight.

[yaffsimone1]

Im assuming you have not issued a CC claim yet for your charges?

[trojanska]

nope i was gonna see if they write my debt off,i gave them till 24th June 2007 to write me debt off and clear my credit files,if they don`t i was gonna post the next question as to what to do next!! Fancy a pint??

[trojanska]

hello Yaff,if you`re out there!! i expect you`re starting to get jarred off with me,i would if i were you!! Is it a nail in the coffin for littlewoods to be investigated by the fos or is it neither here nor there?? on that other thread where you replied to me about the loophole,did that last persons comment on being handed over to a third party after the date stand as grounds for investigation? if so do you think i should go for it?what is 10% f&f ? i still have`nt heard anything from littlewoods or TS,how are your claims going? take care xx:)

[yaffsimone1]

hello Yaff,if you`re out there!! i expect you`re starting to get jarred off with me,i would if i were you!! Is it a nail in the coffin for littlewoods to be investigated by the fos or is it neither here nor there?? on that other thread where you replied to me about the loophole,did that last persons comment on being handed over to a third party after the date stand as grounds for investigation? if so do you think i should go for it?what is 10% f&f ? i still have`nt heard anything from littlewoods or TS,how are your claims going? take care xx:)

 

Still here....It is not necessarily the nail in the coffin as it were because you dont know what FOS's conclusion will be!

 

The FOS cannot look into a complaint about Littlewoods because the complant was filed before April 2007, however, there is nothing stopping you from filing a new complaint now Littlewoods come under the scheme.

 

When a creditor fails to produce the agreement some people like to offer a 10% full and final settlement of the outstanding debt just to get rid of it. It depends on how much the outstanding debt is and what you can afford. How much is outstanding?

 

You may not hear from Littlewoods they have ignored my court claim completely and you have about another 5 weeks before you will hear from Trading Standards.

[trojanska]

hello Yaff,thanks for being there!! I owe just over £800. I was reading a letter put on by Tifo where the letter states that because they have `nt complied with the cca request the debtor requests all payments made to date plus 8%...what the heck is that all about??:o

[yaffsimone1]

Basically Tifo is saying as there is no agreement you are entiltied to claim all the money back you have paid them plus 8% interest. I do not agree with this, you have to pay for goods that you have purchased.

 

What is in dispute here is the lack of credit agreement, which means you are not bound by their terms so you can pay them what you want, when you want to clear the debt off. Thats why some people offer to pay them 10% in full and final settlement in your case you could pay them about £80 on the written promise that they no longer pursue this debt they clear your credit file and you both agree not to take any further legal action.

 

Or you may be lucky like i was with Marshall Ward - note: they are the same company as Littlewoods. They wrote off over £800 because they didnt have a credit agreement. I didnt ask them to i actually offered them a payment figure but they chose to write it off. Now if Marshall Ward can do it there is not reason why Littlewoods cant.

 

Hang on in there!

[trojanska]

thanks for that,so i just sit back,do i send another letter when the time-frame has run out on my old letter or do i keep sitting back?? I have stopped paying them at the moment or should i keep paying them?

[yaffsimone1]

You are under no obligation to pay them anything. But i really cant tell you what to do. Personally when the 12+30 days have passed there is no need to inform them again of their obligations, just inform OFT and TS that they have committed a criminal offence and let them deal with it. It all depends on how long you want this hanging around. If you dont want to pay them anything then it could hang around for months until they agree to dissappear, yet if you offer pay them a F&F figure you could potentially get it buried much sooner