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Claiming Charges back from Littlewoods


JAMES33
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Hi everyone, I have been trying to claim back penalty charges from Littlewoods catalogue since April. I sent a subject access request and received my statements which showed that they owed me just over £300. I send a preliminary request for payment in May and a letter before action in June. All I received in response were "sorry you are unhappy and we will look into it" letters from their complaints dept. When the LBA deadline expired I prepared court documents and decided to give them a last chance to respond by sending them a copy and giving them 14 days to pay up. I have today received a letter from them which set out all charges on my account and ended:

 

Under the circumstances the company is not prepared to refund any charges.

 

It is made clear in the "Your account" section at the back of your catalogue that a charge is applied should you fail to make a payment, and as such I am satisfied that the charges applied to your account are fair and reasonable.

 

We are aware of the statement of the OFT's position regarding fair charges. For the reasons given above, we are satisfied that the charges applied to your account are justifiable in accordance with the views of the OFT and are fair within the Unfair Terms in Consumer Contracts Regulations.

 

As your complaint is in relation to an event before 6th April 07 unfortunately, you are unable to refer your complaint to the Financial Ombudsman Service (FOS) as credit complaints did not come under its jurisdiction until this date. I feel it is appropriate to point out that, if you do decide to refer to FOS, it is unlikely that they will consider your complaint. However, they will require you to confirm that we have issued a final response, and to that end you may consider this letter as our final response.

 

Has anyone received anything like this, should I just file at Court now?

 

Would be very grateful for any help at all!!

 

Lisa

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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I would try the FOS as the worst they are going to say is no we won't look at it, but they should as the test case is to do with overdraft charges.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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If the FOS won't look at it you can still file your court claim. Hopefully you won't get a stay granted but it's always a possibility.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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