littlewoods account Help please !

[legalpickle]

Thats strange, I sent them a CAA request recorded on the 23/02 and the tracking service says that it has not been delivered yet! (27/02)

 

 

Is this a new ploy from Littlewoods, by not signing, we cannot prove delivery?

 

Does the fact we have proof of postage first class, deem this to be delivered 2 days later or not in this type of case?

 

NAB:-)

 

oops, just checked the address I had was...

 

Shop Direct Finance Company Ltd

Aintree Innovation Centre

Park Lane

Netherton

Bootle

L30 1SL

 

Does this make a difference, it was the only address on the chasing letter?

Sorry, my mistake. Your address is correct. I was going off the littlewoods address, not the littlewoods finance part address - and the littlewoods finance part is the correct one.

 

Unfortunately as you've sent by recorded delivery and it's not arrived the deemed served after 2 working days for 1st class doesn't apply.

 

I prefer to send important letters by special delivery which is guaranteed. recorded delivery is only signed when it reaches the delivery address but is not tracked, whilst special is tracked from the minute your post office enters the details to the computer.

 

Somehow I don't think that's a ploy. They'd have to have the postie's working with them to make such a trick work. It's entirely possible that there's an irresponsible postie not having items signed for - it's happened before. But I doubt very much they're working together. If you're concerned, why put your address on the back? You don't have to. That way it would be even more ridiculous because to find out who was sending it, thus if to sign for it or not, they'd have to open each one when the postie is there. The reason I say this is some companies will be sending stuff recorded to Littlewoods finance and requiring that signature. A large business can't afford to have in place such mechanisms because they're unrealistic. It's most likely another case of irresponsible Royal Mail.

 

Hope I've put part of your mind at ease.

 

Good Luck.

[Needabreak]

Right, from now on everything's going Special Delivery. That way they have from the date of proven signed delivery (next day) not even 2 full days for service as normal first class post.

 

Thanks.

[bones01]

hi all , strange thing happened today , spent all morning on the phone to royal mail trcking my letter & postal order and finally to get told it is in the system some where she thinks and i have to fill in a from to check if my postal order has been cashed ????????

then the posty came and there was a letter dated 25th feb from littlewoods saying thanks for the letter and £10 are collating info how strange !

It must have got there though.... so that the main thing

have sent the cca request off today to the above address ooops just noticed there were 2 addresses sent it to the l70 1ab not modified one does this matter !!!!!!!!!!! ???????????? but sent special delivery ,cost a fortune but atleast i know it gets there ...

So how long do i give them for the sar .. as dont know what date they actually got it but they replied to me on the 25th and got it today ?

so when should i take there 40 days from ?

 

thanks for youe help again

[legalpickle]

hi all , strange thing happened today , spent all morning on the phone to royal mail trcking my letter & postal order and finally to get told it is in the system some where she thinks and i have to fill in a from to check if my postal order has been cashed ????????

then the posty came and there was a letter dated 25th feb from littlewoods saying thanks for the letter and £10 are collating info how strange !

It must have got there though.... so that the main thing

have sent the cca request off today to the above address ooops just noticed there were 2 addresses sent it to the l70 1ab not modified one does this matter !!!!!!!!!!! ???????????? but sent special delivery ,cost a fortune but atleast i know it gets there ...

So how long do i give them for the sar .. as dont know what date they actually got it but they replied to me on the 25th and got it today ?

so when should i take there 40 days from ?

 

thanks for youe help again

A CCA request and SAR are different. A CCA request costs £1 and they have 12 working days to comply, but only need to send the signed credit agreement. A SAR covers all information they hold on you, including statements and theoretically should cover the credit agreement.

 

If the first letter you sent was a SAR, then I'd say as you're unsure when they got it, start the 40 days from the 25th, as you're sure they had it by then.

 

If the second letter was a repeat SAR, then fax them, or if on the top of the letter is a phone number then call it (but I wouldn't recommend calling the main number) and ask them to return the postal order to you.

 

If the second letter was a CCA then they have 12 working days from receipt to comply with it.

 

A SAR has 40 days, not working days, and you must receive it by the 40th day, unless it's a non-working day, in which case you must receive it by the 1st working day after the 40 days are over.

 

A CCA request has 12 working days.

[bones01]

excellent sar 40 days from 25th calendar days and cca sent special this morning 12 days .

Am sending both as they are hassleing me about payment and they owe me more for charges than i owe them , so sent cca as will be no agreement to bide time till can send claim for all charges when sar arrives .

 

was the address i used ( the first one you gave ) ok to use as, didnt see the corrected one until after sent

[legalpickle]

excellent sar 40 days from 25th calendar days and cca sent special this morning 12 days .

Note the latter is 12 working days, the former 40 calendar days.

 

Am sending both as they are hassleing me about payment and they owe me more for charges than i owe them , so sent cca as will be no agreement to bide time till can send claim for all charges when sar arrives .

Good Luck.

 

was the address i used ( the first one you gave ) ok to use as, didnt see the corrected one until after sent

Technically, sorry, no as the finance is with the Shop Direct finance one, but hopefully, they won't notice the difference and will comply. If you wrote your credit account number on it, then they should notice the mistake and match it to it, but if they don't want to honour it, they must return the postal order and mention the mistake, they can't cash it and then not honour it. If they cash it, I would claim that that in itself was an agreement that there is a credit agreement with them. I'd wait for now to see what happens.

 

Good Luck!

[bones01]

got a final reminder today , they have just ignored my SAR and CCA ???

what should i do now ??

 

think their cca got till 19 as thay signed for it later than sent , and they not responded yet to sar which up 27 th

thanks

[bones01]

bump x

[Needabreak]

Hi Bones,

 

I would just wait. Ignore their reminders for payment for now. If they telephone, just don't confirm any identity questions and they cannot discuss the account;)

 

When the CCA time is up, write to tell them the account is in dispute. They then can't do anything to enforce the account so then you just await the return of the SAR info, calculate the charges etc then go from there.

 

My OH got a letter back from the CAA request, They are unable to find the executed agreement, but enclose the current one they use which applied to this account.

 

Now I will SAR them and send dispute letter.

 

I have decided now only to send these with proof of posting first class. It will be deemed to be served after 2 working days and it's free. Obviously Littlewoods got my recorded letter, but it still shows as not delivered at the post office:confused:

 

My OH account goes back to mid 1997 ad around a similar time to yours.

 

NAB

[bones01]

hi all again ,

today recieved a letter saying cant find agreement bla bla bla you owe £***, you have paid £***in 12 months and you opened account in april 1999....

and current t&c .

so will now send them the dispute letter can some one post the one i have to send to littlewoods please

i have sar them time up at end of month so can claim charges back , so this letter will just put it into dispute till they send the sar & i put claim for charges back in . am i right ??

thanks for all your help am getting somewhere

I think

x

[godpikachu]

i have sar them time up at end of month so can claim charges back , so this letter will just put it into dispute till they send the sar & i put claim for charges back in . am i right ??

thanks for all your help am getting somewhere

I think

x

 

the dispute letter will keep them off from asking for money, being as they have admitted in writing that they dont have a valid CCA then that measn that any chance of them getting any cash out of you has just tailed of to 0%, even if they go to court.

 

what id do is send them a combined dispute letter and SAR reminder, just so they know that A) you wont be paying them a penny and if they want to argue it they can tell it to a judge, and B) that no matter what you still expect your SAR request to be fulfilled by date X otherwise theyre for it.

[bones01]

oooooooohhhhhhhh , that sounds really good thanks ....

Can you point me int he direction of the dispute letter & sar reminder please so can send it tomorrow , before they start harassing me for money again x

[godpikachu]

oooooooohhhhhhhh , that sounds really good thanks ....

Can you point me int he direction of the dispute letter & sar reminder please so can send it tomorrow , before they start harassing me for money again x

 

 

yeah, just look down...*cracks knuckles*

 

 

 

Dear sir or madam.

 

i am in reciept of your letter dated (date) in which you state that you are unable to find a valid Consumer credit agreement between myself and yourselves, therefore i plasce this matter in serious dispute.

 

While this matter is in serious dispute:-

 

You may NOT request payment, nor am I obliged to offer any.

You may NOT pass my details on to a thrid party, such as a Debt collection agency.

You may NOT make any additions to my credit file with any credit reference agencies, and if you have placed any defaults on said credit file you must remove them immediatley.

You may NOT attempt to pursue legal action against me, any such action will be both UNLAWFUL and VEXATIOUS, and will be regarded by the courts as abuse of process.

 

As you are aware, a request made under the Consumer Credit Act 1974 (s77/78 ) must be complied with within 12+2 days, you have failed to do so so I am exersizing my right under law to place this matter in dispute until such time as you are able to provide me with a signed "true copy" of a properly executed credit agreement.

You should also note that as you are unable to request payment while the matter is in dispute, under the terms of the Limitation Act 1980, once 6 years have passed without aknowledgment of debt then this matter becomes statute barred.

 

Finaly, on (date) made a request for any and all documents held on file pertaining to myself that you have (this is known as a SAR ), as of the date of writing this letter, you have not responded to this request.

A SAR gives you 40 calendar days with which to respond, you have (X) days left to fulfill this request.

You should note that failure to respond to this request is a criminal offence and thus will result in me making a complaint to the Information Commissioners office with regards to your suitability to posess private information and may also result in me taking legal action against you to retrieve the information about me that you have stored in your databases and files.

 

I expect a response from you in writing only within (X) days fulfilling my SAR .

 

Yours sincerely

(name print dont sign)

Amend to suit, print, send by recorded.

 

Edited March 9, 2009 by godpikachu
damn spelling and macros..GRR!

[bones01]

oh you star thanks x:).

will send first thing tomorrow recorded obviously x

[godpikachu]

you might want to do a spell check on it before sending it, theres one or two errors in there :s

[legalpickle]

oh you star thanks x:).

will send first thing tomorrow recorded obviously x

I'd recommend sending it Special Delivery, not Recorded. Recorded isn't guaranteed, it only gets a signature if it makes it's way through the Royal Snail. Special is guaranteed.

[bones01]

i have done the spell check thanks

and yes will send special , have already had problems with recorded lol.... but then again i sent a special delivery with aguaranteed date of the next day and it took 3 days , so think they all quite slow

 

thanks to you both though , have tipped your scales

x

[bones01]

hi all .

update .......

recieved my sar today

what am i looking for ha ha , they dont half make them confusing

I am trying to calim back any admin charges and they have put xtra care ins on for about a year too so can claim that back as never asked for it ?

 

Is there any easy way of working them out or just scrolling through them looking for debit charges....... ( they are all in codes that dont make it easy )

 

Where would i find the letter for claiming them back when calculated them all?

 

Is there a spreadsheet to help me calculate or should i just jot them down in the letter ?

 

Do i charge interest ?

 

Finally ( i think )

their last statement says debt collector charge, so presume they have sent to debt collectors , but have had no futher correspondance of anyone ,have they froze the account do you think since sent dispute letter ? Will they have put default on do you think ?

 

thankyou so much for all your help , i really am gratefull , and when (if) i get any credits i sure will be sneding some to the forum

thanks again

x x

[bones01]

bump anyone please

x

[legalpickle]

hi all .

update .......

recieved my sar today

what am i looking for ha ha , they dont half make them confusing

I am trying to calim back any admin charges and they have put xtra care ins on for about a year too so can claim that back as never asked for it ?

 

Is there any easy way of working them out or just scrolling through them looking for debit charges....... ( they are all in codes that dont make it easy )

 

Where would i find the letter for claiming them back when calculated them all?

 

Is there a spreadsheet to help me calculate or should i just jot them down in the letter ?

 

Do i charge interest ?

 

Finally ( i think )

their last statement says debt collector charge, so presume they have sent to debt collectors , but have had no futher correspondance of anyone ,have they froze the account do you think since sent dispute letter ? Will they have put default on do you think ?

 

thankyou so much for all your help , i really am gratefull , and when (if) i get any credits i sure will be sneding some to the forum

thanks again

x x

Sorry for the delay in responding.

 

1. You cannot claim interest unless you issue court proceedings.

2. There are spreadsheets for interest on the site. Go to the site wiki.

3. I suggest you put the charges into a spreadsheet anyway. This is easy enough to do with M$ Excel or Open Office Calc.

4. They probably have applied a default to your credit record, but I wouldn't bother checking till the issue of the charges is resolved. Once that is resolved, then fight the default on your credit record, after ordering all 3 credit reports. Till then inform them in the letter that as you dispute the alleged debt, they are not lawfully allowed to register any negative information with any third parties, therefore if they have registered any such negative information with any third parties, such as with a credit reference agency, you expect it to be removed forthwith and will take action against them if it is not.

 

Post a draft of your letter here and I'll try to proof it for you.

[bones01]

thank you will post as soon as have it ready

x

[bones01]

when you get a minute could you take a peek and amend accordingly thanks

x x x

To whom it may concern,

In receipt of you letter dated 16/03/09, I am writing to again inform you that the above account is in dispute.

Letter dated 27/02/09 received and signed for by yourselves on 2/03/09 stated this.

I am disputing the alleged debt and as you are fully aware you are not lawfully allowed to register any negative information with any third parties, therefore if they have registered any such negative information with any third parties, such as with a credit reference agency, i expect it to be removed forthwith and will take action against you if it is not.

Also while the account is in dispute, you cannot request/demand any payment, you cannot harass for such payments and cannot pass on to any other parties to reclaim on your behalf .

Further charges may not be applied as the account is in dispute.

If any of the above continues to happen, I will be complaining to the relevant bodies.

You will be receiving a letter from myself shortly, regarding unlawful charges and miss sold extra care insurance.

[legalpickle]

Please can you post it without all the markers? It's unclear and hard to read.

 

I suggest you include in the same letter details about the unlawful charges and mis-sold extra-care insurance. If need be wait till you have put everything together.

[bones01]

soryy didnt realise that it had done that ..........

will get all charges put in to table tomorrow ready to send monday ., can i ask do i use the letter for reclaiming banks charges back for my littlewoods charges ?

If not could you point me in the right direction to find one to attatch to my charges table ?

thanks for all your help :O

x

To whom it may concern,

In receipt of you letter dated 16/03/09, I am writing to again inform you that the above account is in dispute.

Letter dated 27/02/09 received and signed for by yourselves on 2/03/09 stated this.

 

I am disputing the alleged debt and as you are fully aware you are not lawfully allowed to register any negative information with any third parties, therefore if they have registered any such negative information with any third parties, such as with a credit reference agency, i expect it to be removed forthwith and will take action against you if it is not Also while the account is in dispute, you cannot request/demand any payment, you cannot harass for such payments and cannot pass on to any other parties to reclaim on your behalf .

Further charges may not be applied as the account is in dispute

If any of the above continues to happen, I will be complaining to the relevant bodies.

You will be receiving a letter from myself shortly, regarding unlawful charges and miss sold extra care insurance.

[legalpickle]

soryy didnt realise that it had done that ..........

 

will get all charges put in to table tomorrow ready to send monday ., can i ask do i use the letter for reclaiming banks charges back for my littlewoods charges ?

 

If not could you point me in the right direction to find one to attatch to my charges table ?

 

thanks for all your help :O

x

 

 

To whom it may concern,

In receipt of you letter dated 16/03/09, I am writing to again inform you that the above account is in dispute.

Letter dated 27/02/09 received and signed for by yourselves on 2/03/09 stated this.

 

I am disputing the alleged debt and as you are fully aware you are not lawfully allowed to register any negative information with any third parties, therefore if they have registered any such negative information with any third parties, such as with a credit reference agency, i expect it to be removed forthwith and will take action against you if it is not Also while the account is in dispute, you cannot request/demand any payment, you cannot harass for such payments and cannot pass on to any other parties to reclaim on your behalf .

Further charges may not be applied as the account is in dispute

If any of the above continues to happen, I will be complaining to the relevant bodies.

You will be receiving a letter from myself shortly, regarding unlawful charges and miss sold extra care insurance.

I don't know what process is currently being used for claiming back such charges, so can't advise on it. I'm not dealing with that sort of thing, if I can help myself! I prefer contractual disputes or claims over faulty products or lack of provision of services or Paypal issues.

 

Hopefully somebody else will be able to advise you on the issue of the charges part of the letter. How about preparing the list of the charges first, breaking them down? I'll then deal with the above pieces you've written and the mis-sold insurance, and somebody else can enter in a bit on the unlawful charges.

 

Was the insurance "mis-sold", i.e. agreed to but promised to cover what it does not cover, or added without being requested?