mad V littlewoods/choice/abound

[madh21]

Hi. I sent SARs to the liitlewoods, choice and abound on 16th April, all signed as received on 18th April. I've heard nothing from either of them until last Saturday when Littlewoods advised me that due to the high number of requests they hope to send them to be by 15th June. Not being satisfied, yesterday, I sent them an LBA giving the 7 days.

 

Today, I decided to send them all a prelim letter requesting refund of estimated charges due them not responding to my SAR request. In addition, I decided also to tag on the letters a request for a CCA.

 

Lets see what surfaces!

[steven4064]

Yes, you mustn't let them get away with it. One question - how did you estimate the charges?

 

Steven

 

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Any opinions are without prejudice & without liability.

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[madh21]

I just picked a nice overstimated figure, hopefully forcing them into sending me the correct info. I did this with Halifax as I had a number of missing statements, but they actually told me what was the correct figure.

 

Hopefully, by the time I get to LBA stage I'll have the correct figures. I just didnt want to delay the process any further and giving the the satisfaction that they could control proceedings. Surely they can look for themselves what charges have been applied and let me know if its different to the estimate. ( I did ask for a refund of all charges...estimated at £XXX and explained why it was an estimate)

 

I'm sure someone will now tell me it's the wrong thing to do.

[steven4064]

I

I'm sure someone will now tell me it's the wrong thing to do.

 

I'm sure they 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.

[harrythehawk]

I had the same, sent the threat of court action letter and got the statements a week later, my LBA is due to go today !!

[rockinrodders]

Hi,

 

I sent off for my littlewoods statements for 2 accounts around the same time as you. I got a letter back in Mid may saying the same "due to high demand we can get these out in mid-June"

 

I rang and told them to get a grip and reminded them of their legal responsibility to comply with the SAR request within 40 days. I spoke to a nice lady called Pat Nadeen who promised to push things along.

 

The statements arrived about a week later (think it was 28th May). There was no credit agreement though and I specifically asked for that in the letter and on the phone.

 

Still at least there was £180 worth of late payment and bounced cheque charges etc so I sent the prelim off to reclaim them and remove the default.

 

I wouldn't have bothered with Littlewoods but after reviewing my credit report and seeing a default from them for an amount of £35 I sent off this SAR.

 

try giving Pat a call on 0844 8118515 and ask her if she can speed things up.

[madh21]

Thanks.. I will given her a call!

 

I've had an email acknowledgement from all three of them. I then went on to receive a further email from Choice saying there was no way we were refunding the charges and any further communication should be directed to their legal department. I did email back to confirm that they had indeed passed my correspondence on to them but they have yet to reply.

 

Its ok, the clock is ticking!

[madh21]

Last week I received th SAR from all 3 but looking through them there dsoent appear to be as many charges as I had thought. I will check through again.

 

I've no response from either of the regarding my claims or CCA requests except fro the initial email acknowledgements.

 

LBA's will go in due course.

[madh21]

Update.... Sent off LBA to all three, all three refused to refund charges so MCOL here we come.

 

On the issue of CCA's, none of them have provided one and are now in default.

 

Today I received a letter from NDR, Choice have sent my account to them. I have rand them today to explain the current situation. They have placed my account on hold for 28 days to sort it.

 

I also received a letter from Abound today regarding the charges and CCA. In their reply they have detailed the charges and basically state they believe that the charges are fair and refuse to refund them. Therefore MCOL. They then go on to say, as regards my request for a CCA. 'as your complaint is in relation to a credit agreement that was sold before 6/4/07 you are unable to refer your complaint to the FOS as we were not a member of a dispute resolution service until this date. I advise you that if you do decide to refer to FOS it is unlikely that they will consider your complaint. This is our final response'

 

Huh?? Advice required please.

[madh21]

Hi. I have not yet started MCOL as yet, was waiting for the all to committ offences which they have all now done.

 

If I now start MCOL can I include the fact that they have been unable to supply a CCA and requets the removal of all adverse data from my credit reports? I dont (as far as I know) have any defaults for these account but there will be markers for late and missed payments.

[steven4064]

I would strongly suggest that you don't use MCOL but that you claim using a form N1 to your local court. MCOL is limited to money claims and your claim contains more than that . Further, the MCOL form doesn't have enough space for everyting you need to say.

[madh21]

so how would I go about putting together POC?

[steven4064]

There's a template in the template library - sticky 4, but you may need to modify it a bit for a crdit card caim.

[madh21]

I have now had a response from abound. They admit there is no agreement but state as I have bought goods there is a financial relationship. They refuse to refund the charges and will continue to charge, they will continue to report to the CRA's and ask for payments to continue. They say this there final response and will continue to persue me for the amount outstanding.

 

What do I do / respond now?

[noomill060]

Contact Trading Standards.

[noomill060]

Do as as steven advised in post 13.

[madh21]

Well I have done that has been advised and getting nowhere. All three accountd have been transferred to their inhouse debt collectors who keep chasing me for the money even though they havent produced a credit agreement. I have now received a notice of default from one of them and they have agreed to put the account on hold for 1 month. How I am I going to resolve this?

[harrythehawk]

Have you started the court claim yet ?? Littlewoods are a tough nugget to sort out and will push you all the way right up until AQ stage when they caved in with me, that is what is will take but you will win if you see it through. The goods thing they throw at you is rubbish, they are covered by the CCA and have provided you with credit, not goods. As for the DCAs, you need to get writing CCA them and Littlewoods without delay.