Mrs Sharpman V Littlewoods

[SharpmanTF1]

Ok peeps, here is the low down.

 

one of the accounts, opened many moons ago by O/H fell into difficulty begining last year. Those nice ppl at littlewoods threatened her with alsorts and eventualy coerced her into converting the account to a fixed loan account (this I was not aware of until sometime later.

 

I CCA'd them - they produced the Fixed loan CCA but could not produce any documentation in relation to the Original account. after a Subject Access Request I deduced that they had infact destroyed the first accounts documentation.

 

This is where I'd like a little nudge from PT (if he's looking in and available)

 

how I should proceed.

 

the following is a copy of the letter the sent.

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My O/H insists that she did in fact cancel the insurance as she did not know what it was for. She does not remember ever recieving any documentation in relation to the insurance.

[The GodMother]

if you have evidence to say you cancelled the insurance then they are screwed if you dont then the only way you may be able to get it back is if you can argue you may have been missold it.

 

This could be because they have told u ur covered even if your unemployed or on benefits.

[SharpmanTF1]

ok, after a long pause, not heard from LW since december.

Mr martin (Moorcroft) rears his ugly head again. 'Notice of intended Litigation'

 

Anybody got any suggestions as to how to react/respond to this letter.

 

i've already pressed LW on charges and the Extra care 500, of which this whole debt seems to be made up of.

 

could somebody peruse back thru the thread and advise what course of action I can take.

 

thanks

[The GodMother]

yep tell them to get stuffed by sending a indispute letter

[SharpmanTF1]

Update ......

 

Local doorstep agent sent me a nice christmas card through my letter box today.

 

moorcroft debt recovery Ltd

just gave details less moorcroft reference number

saying to contact him by phone - mobile number.

gives a figure of £x.XX in order to prevent account POSSIBLY being refered for legal proceedings.

Deadline of 6 days in which to reply by.

 

I've already gone thru the cycle of cca/sar from littlewoods and cca from moorcroft. have request, due to the whole debt consisting of some charges and an insurance that my OH requested be canceled. As she made this request over the phone on several occasions, but did not make the request in writing - in the days before CAG. so she doesn't have written proof.

 

The insurance and charges actually come to more than the alleged debt.

 

any ideas/views on the way forward?

[The GodMother]

My personal favorite is a OFT complaint.

 

Write a covering letter and say summing like.

 

Dear sir or madam.

 

Please find enclosed a copy of my complaint to the office of fair trading in regards to Moorcroft. I think you will find it self explanatory.

 

If you have any questions please feel free to write to me at the above address.

 

Write a letter highlighting every guideline they have broken from number 1 down giving a explanation for each and every one and include a apendix of letters you have sent and recieved from moorcroft marking each letter with a number and then adding that number to the fault.

 

2 pervious companys i have complained to have done a runner when i have done this.

[SharpmanTF1]

Ok, update,

 

Good Old FIL has reared their ugly heads. it's got the Heading of

 

'DO NOT IGNORE IMMEDIATE PAYMENT REQUIRED'

 

We are instructed by Phoenix Recoveries Ltd ....... Blah Blah Blah......

 

It goes on to say that I can get into further debt by using a credit card to pay off this debt if I wish to .... (rules, breaking, spring to mind.....)

 

I would like to go down the Mis-Sold PPI route as EC500 was offered when my O/H was not in employment but was a full time mother with a 2 year old to look after at the time of inception.

 

Does any body have any suggestions to how to procede.?

 

Quick summary...

 

Account opened in 2003 This is when the EC500 was supposed to have started, but have no record of any paperwork in relation to it.

 

Littlewoods decided to pester O/H, threatening conversations on phone etc and got her to agree to convert account to fixed sum account. paper work was signed and returned. this balance was the 'closing balance of the original Account.'

 

CCA Littlewoods, Got Paperwork for one of the accounts, but not the other one (the original account)

 

After SAR I recieved lots of paper with statements and screen prints. from what I can make out the Original CCA was destroyed.

 

Noticed many entries for ec500 and a couple of hundred in charges on original account.

 

As the original paperwork has been destroyed and they do not appear to have kept a copy, where do I stand, and how do I proceed. The EC500 and charges come to more than the current agreement.

 

I've already written to littlewoods, but got the usual fob off letter as can see from previous posts.

 

Any hints peeps......

[The GodMother]

Whose collecting on behalf of Phoneix?

[SharpmanTF1]

That would be FIL (Fredrickson international Ltd)

 

Also, Looking back at my SAR the Debt was assigned to Phoenix in 2008. would I still be able to go down the mis-sold route with Phoenix.

[The GodMother]

Put the account into dispute with BC/phoneix tell them there is missold PPI on the account and that you are in the process of claiming it back from Littlewoods.

[SharpmanTF1]

Ok, they've sent in the big boys now. Good old Bryan Carter.

 

Does any body have a suggestion as to how to handle these ppl. I hear they are a difficult bunch to placate.

 

I need to re-sar littlewoods to try and get further information. ie breakdown of what the charges involve and how they came to the decision to bully my O/H into opening a fixed rate loan over the catalogue account.

 

as they have assigned the loan to phoenix can they refuse to play ball in providing the information. or would they have passed all documentation to phoenix?

 

have tried for the PPI missold but got the ususal reply of you had it and could have used it if you needed to ....... But, my O/H was unemployed at the time of the supposed inception of the ec500. I've read some other threads in relation to ec500 and they don't look promising.

[The GodMother]

No they cannot refuse you SAR.

 

you need to inform BC that the account is in dispute due to missold PPI.

[SharpmanTF1]

Need some one to go over this thread and look a posts 35 to 38. PT has suggested that although they have a signed fixed sum agreement, they can't produce the original agreement for the running credit agreement.

 

PT has inferred, that because they cannot supply the document for the running credit agreement, and I have paid them more than the fixed sum agreement total, they can not chase me for the FS because they have had more than that account balance.

 

Point to note: There has been probably 3 times the balance of the FS balance paid to them.

 

If that is the case and indeed they do not supply the Original copy of the Original agreement (think I read from the SAR that the original account document was destroyed, but cannot find where i read that. so may have been wishful thinking.)

 

So, to the legal minded people out there, does anybody have any suggestions as to the next steps I should take. Have tried to claim mis-sold ppi, and charges, but they aren't budging on that one.

 

Help appreciated.

 

Sharpman

[SharpmanTF1]

gentle bump

[The GodMother]

Sorry l would not know what to do but place the account in dispute. If there is not proof of original agreement then really you should not be paying them but as you are not and they have had the full money already then l would ask PT as to what he would advise you do.

 

Personally l would tell them you wont be paying due to them already having been paid more than the FS amount.

[caro]

A brief glance at post 38 gives your answer doesn't it?

 

As GM says tell them the account is in dispute and I would suggest you report Littlewoods to the ICO for passing on duff information about you, especially if it's being processed by the CRAs.

[citizenB]

Need some one to go over this thread and look a posts 35 to 38. PT has suggested that although they have a signed fixed sum agreement, they can't produce the original agreement for the running credit agreement.

 

PT has inferred, that because they cannot supply the document for the running credit agreement, and I have paid them more than the fixed sum agreement total, they can not chase me for the FS because they have had more than that account balance.

 

Point to note: There has been probably 3 times the balance of the FS balance paid to them.

 

If that is the case and indeed they do not supply the Original copy of the Original agreement (think I read from the SAR that the original account document was destroyed, but cannot find where i read that. so may have been wishful thinking.)

 

So, to the legal minded people out there, does anybody have any suggestions as to the next steps I should take. Have tried to claim mis-sold ppi, and charges, but they aren't budging on that one.

 

Help appreciated.

 

Sharpman

 

If you have had no luck with the company over the PPI, then you should make either a claim through the courts or the FInancial Ombudsman. If OH was unemployed a the time then it was almost certainly mis sold. Even more so if they knew about it.

[SharpmanTF1]

Ok, update .... 05/07/2010

 

Those kind people at Bryan carters replied to a recent letter stating that they were referring back to their clients. the account was on hold.

 

That was on 6th june

 

Phoenix have now passed the account to another DCA - SRJ debt Recoveries.

 

The letter goes along the lines of ...... our client has attempted to contact on numerous occasions ...... blah blah

 

another bogoff letter in the pipeline me thinks.

[The GodMother]

Ok, update .... 05/07/2010

 

Those kind people at Bryan carters replied to a recent letter stating that they were referring back to their clients. the account was on hold.

 

That was on 6th june

 

Phoenix have now passed the account to another DCA - SRJ debt Recoveries.

 

The letter goes along the lines of ...... our client has attempted to contact on numerous occasions ...... blah blah

 

another bogoff letter in the pipeline me thinks.

 

They are the same company.

[SharpmanTF1]

Ok, Update.

Haven't heard from littlewoods or their cronies for A few months now.

 

Then out of the blue I get a letter in the post from Shop direct FC Ltd. Regarding the ppi claim that I started and was subsequently fobbed off with a while back. Now, I assume that due to the PPi findings from the courts that they have reopened any PPI claims.

 

The thing is, that they have sent a very long winded form asking for alsorts of information that they should already have on their records. I don't realy want to be supplying them with information that they can use against me with another account that is in dispute.That account was raised on the back of the account the PPI was raised in.

 

I'm not to happy about providing ammunition to these people.

 

So, I think I will be replying with the Forms from the FOS. Along with an updated payment schedule with interest added.

[citizenB]

Ok, Update.

Haven't heard from littlewoods or their cronies for A few months now.

 

Then out of the blue I get a letter in the post from Shop direct FC Ltd. Regarding the ppi claim that I started and was subsequently fobbed off with a while back. Now, I assume that due to the PPi findings from the courts that they have reopened any PPI claims.

 

The thing is, that they have sent a very long winded form asking for alsorts of information that they should already have on their records. I don't realy want to be supplying them with information that they can use against me with another account that is in dispute.That account was raised on the back of the account the PPI was raised in.

 

I'm not to happy about providing ammunition to these people.

 

So, I think I will be replying with the Forms from the FOS. Along with an updated payment schedule with interest added.

 

Yep, just complete the FOS form.. this saves you time if/When you need to copy it to them at a later date.

 

Good plan to put in the updated schedule.. they need to be made aware that you are claiming interest to date.. not to the time you oriignally applied for the reclaim.

 

As a matter of interest.. what info are they asking for ?

[SharpmanTF1]

 

As a matter of interest.. what info are they asking for ?

 

It's pretty much what is on the fos sheet, but they are asking for name address tel no,mobile no, fax no, email addy, signature. pretty much every thing they could use to update another account.

 

If they play ball and pay back all the ppi i could easily clear the other account and then some.

[citizenB]

It's pretty much what is on the fos sheet, but they are asking for name address tel no,mobile no, fax no, email addy, signature. pretty much every thing they could use to update another account.

 

If they play ball and pay back all the ppi i could easily clear the other account and then some.

 

Ah right. Well I didnt supply email or telephone details to either the bank or the FOS on the form.. just put N/A

 

There is simply no requirement for them other than as you say, to update records.

[SharpmanTF1]

Does anybody have the definitive 8% interest calculator as used for PPI claims.

Have done a search of various sources and every single one comes up with a different answer to each calculation.

[citizenB]

Does anybody have the definitive 8% interest calculator as used for PPI claims.

Have done a search of various sources and every single one comes up with a different answer to each calculation.

 

Here you go.. both Compound interest and statutory interest spreadies.

 

You will be unable to alter the interest rate on the statint spread sheet.

 

Obviously you WILL be able to change the interest rate to that applicable on the Compound interest spread sheet.

 

Thanks to ims for both types

 

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