Littlewoods account can't go to FOS????

[alibobsy]

Have been writing to Littlewoods about my cat. account with them and the charges. In their reply they state the old rubbish about their charges being fair etc etc, but the also state something strange I quote "As you complaint is in relation to a credit agreement that was sold prior to 06/04/07 you are unable to refer you complaint to the FOS as we were not a member of a dispute resolution service until this date".

Is this correct, does it mean that the FOS can't look at complaints about a company who don't sign up with them!!! What kind of regulator is that?

Had already decided to CCA them anyway so will await their reply to that next.

 

ali x

[Curlyben]

Total and utter BS !!!!!

 

The CCA should shut them up for a while, but I bet they come back and say it doesn't apply.

[tomterm8]

Have been writing to Littlewoods about my cat. account with them and the charges. In their reply they state the old rubbish about their charges being fair etc etc, but the also state something strange I quote "As you complaint is in relation to a credit agreement that was sold prior to 06/04/07 you are unable to refer you complaint to the FOS as we were not a member of a dispute resolution service until this date".

Is this correct, does it mean that the FOS can't look at complaints about a company who don't sign up with them!!! What kind of regulator is that?

Had already decided to CCA them anyway so will await their reply to that next.

 

ali x

 

registered mail:

 

Dear mr X,

 

I read with interest your letter dated XXX.

 

As you are aware, an equitable assignment of debts leaves you with all obligations under the contract. Only an absolute legal assignment of debts would remove these obligations from you; such an assignment could only happen by operation of law, or with my consent. This consent has not been requested or granted.

 

You therefore retain the obligations under the Consumer Credit Act 1974, and since the most recent cause of complaint (your claim that you are not required to provide a Consumer Credit Agreement since you "sold the agreement" and your attempt to prevent me complaining to the F.O.S. on illegitimate grounds) is after 06/04/07 I ask you to provide me with a copy of your complaints procedure, and to acknowledge this letter as a formal complaint and inform me how you will investigate it.

 

Yours Sincerly,

 

XX."

[alibobsy]

Sorry Tom Tom their letter isn't very clear, they haven't sold the debt on as yet, although their own debt collection dept have been harrasing me. I took this to refer to the account being "sold" to me. I thought the letter sounded very fishy. Will await the CCA, but given that the account was opened online and that I recently found the paper agreement they asked me to sign and return unposted in a drawer upstairs I don't know what I will get.

Ali x

[surprise]

Can I butt in please! It is true about the FOS where Littlewoods are concerned. There is another thread where someone has complained to the FOS and they won't accept it because of the dates will try and find it for you.

[surprise]

This is what was posted

littlewoods have admitted they don`t have a credit agreement for me but they are still demanding payment and have passed me over to theit dca,i wrote to the FOS and this is their reply...thank you for your recent enquiry.i am sorry to disappoint you but,after further 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 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 shopping limited-we are not able to look into the matter.

has anyone else been fobbed off with this letter or has littlewoods found themselves a nice little loop-hole?? thanks for your help xx

vbrep_register("917686")

[Curlyben]

Surprise, thanks for that, but if this complaint started after 6 April, then the FOS can get involved (that is my understanding) ?!

Or does this mean that accounts sign for BEFORE that date cannot be refered ?

 

The FOS response seem slightly confused.

[surprise]

I am assuming it is accounts signed before 6th April 07. It so happens I have been in battle with Littlewoods since 3rd March and when I said I was going to refer this to the FOS they said that they wouldn't be interested as they were not a member prior to 6th April 07.

 

I can say now though that I have successfully dealt with Littlewoods now, however, they don't go away lightly despite the fact that they have no signed agreement. Before it was settled they sent me two agreements with just my name and address on and one blank one and tried to tell me that was sufficient.

[trojanska]

hello there,i`m only jumping in cos that thread was mine.That`s what the fos told me in my letter.xx:p dickheads have got a loophole it seems!!

[Curlyben]

They still have to comply with CCA though, FOS or no.

 

Surprise, did you inform TS about this acivity ?

[surprise]

I didn't go to TS as I realised I had Littlewoods on the back foot anyway so I just carried on corresponding with them to eventually they actually wrote the debt off. Also, I reported CapOne to TS who directed me to Consumer Direct who then wrote and said it was outside their remit. A complaint is also in at ICO about CapOne. PeterBard as actually used my case with CapOne as an example in his letter to the DTI.

Sorry I don't have faith in any of these organisations now, so I shall carry on battling with them as they say "onwards and upwards".

[tomterm8]

yeah, and you can send a new scredit agreement request, and that'll give you a new cause for complaint.

[yaffsimone1]

Trojanska.... They are not using that as an excuse to enforce the debt, it is still in dispute and they can be reported through other avenues i.e ICO and OFT etc.

 

It is not a loophole!!!

[cerberusalert]

I had exactly the same response from FOS, but there is a way around it! As soon as the debt is passed on to a DCA (after April 6th) FOS will accept your complaint because a 'third party' has become involved.

 

I'm complaining about Cap1>Lowlife>Red Collection>Mackensie Hall at the moment. FOS wouldn't accept my complaint until Lowlife/Red Collection passed it on to Mackenzie Hall after the 6th

[alibobsy]

Ok sent littlewoods a CCA request in June. Waited till in criminal default and wrote again. I now hold a letter from them confirming no agreement held and none ever held, they agreed the debt was unenforceable and so they would no longer ask for payment. But they insist on the fact they think they can still process my data and state I owe them for goods delivered. I was going to push for them removing all data later in the meanwhile I have been dealing with other CCA requests.

Now had a letter to say they have passed this alleged debt onto NDR (I understand they own this DCA in house), but the amount they are requesting appears to be just for the alledged goods delivered. However as some payments were made on this account the amount is incorrect anyway.They are threatening to default the account, but surely without an agreement there is no contract/agreement to default on? Never mind the fact it is still in default of my CCA request.

Obviously I intend to write back and point out the above issues, but just wondering should I ask for "proof" that any items were delivered or not even touch on that issue at this point?

ali x

[Having_A_Knightmare]

In my opinion they cant enforce the debt.

 

I would write to the NDR and tell them this account is in default and advise them to return the papers to Littlewoods or you will be reporting them to T/S

 

RO

[Jeff2000]

Hi,

 

 

I would report Littlewoods to Trading Standards anyway, as they have now gone into criminal default.

 

By passing the debt to a DCA for collection, they are still trying to enforce the agreement!

 

 

Regards, Jeff.

[42man]

Unbelievable that a household name like Littlewoods can flout the law like this....make damn well sure you report them to TS....

[surprise]

Trading Standards at Liverpool are dealing with a lot of complaints about Littlewoods. Report them to your local TS and say that you understand that there are other complaints and that the Liverpool TS were going into see Littlewoods and could they pass your complaint on. The more the merrier.

 

The trouble is I sent documentation to the CRA's and they say that Littlewoods are entitled to process data. I have also complained to the ICO who are looking into this.

[alibobsy]

Thanks for the replies everyone. Gonna do a letter for NDR to tell em to "bog off" and get my complaint ready to send to trading standards. Gives me something to do whilst sat here on maternity leave Not going to touch on the goods issue unless they push it.

ali x

[alibobsy]

BTW how do I make a complaint to TS, is there a website or do I have to write?

ali x

[Having_A_Knightmare]

Hi

 

I would send the details of to your local trading standards office.

 

That way they cant argue that you dont pay your council tax to them

 

RO

[Jeff2000]

BTW how do I make a complaint to TS, is there a website or do I have to write?

ali x

 

 

Hello alibobsy,

 

 

Google you local council. Their website should have a link to your local Trading Standards office, giving contact details!

 

 

Good luck, Jeff.