littlewoods account Help please !

[bones01]

am still waiting , but mot holding breath , is there anything i can do now to prepare for the next step , as thinking they not going to give in that easily

x

[bones01]

went to tarck my mail to them today to work out when the 21days is up and my hubby forgot to send that one special and sent recorded and guess what !!!!!!! that is the only one that has not got a record of where it is !!

great !!!

so am going to send again tomorrow special del MYSELF ha a :0

x x

[bones01]

just before was going to resend the letter i recieved this below ..

Which am really pleased about thankyou all so much ,but how do i get them to remove all past defaults and how do i make sure they keep my credit file clean and dont say the debt not satisfied ?

Am going to respond with a letter and put in the same envelope as the request for charges back so can just send one special delivery letter .......

Hopefully they will refund and then i can send my donation in ......

Am thinking it wont be so easy though ha ha

x

[bones01]

sorry if too small cant work out how to enlarge , let me know if you cant access it thanks x

[slick132]

It's too small to read. Re-post it or tell us the gist of it.

 

Remember, if you want a refund of charges paid to you direct (and not set against the account balance) you should say this in your reclaim letters.

 

You may have to file a claim at court to actually get the direct refund.

[bones01]

re scanned it hope this better x

[slick132]

Able to read it fine now, and the contents look very good, so far.

 

Now you should write and say:-

 

In view of your inability to supply a valid credit agreement, I now require your confirmation that any adverse data in respect of this account has been removed from all credit reference agencies.

I addressed this issue in my letter of xxdate, but you have failed to respond. Please do so within 14 days or I will have to take further action, as outlined previously.

Where are you now with regard to claiming back penalty charges on this account. Also, is the PPI issue still outstanding.

[bones01]

hi got another letter today saying regards to my letter about charges and ppi claim they are not persuing my amount owed , the amount remains unsatisfied and will stay on file and will show on cra for 6 years if you are charged interest not futher will be added !!!!

 

Its as if they have completely ignored me , so send a copy of the last letter for claiming charges giving them 21 days a covering letter with

 

 

In view of your inability to supply a valid credit agreement, I now require your confirmation that any adverse data in respect of this account has been removed from all credit reference agencies.

 

I addressed this issue in my letter of xxdate, but you have failed to respond. Please do so within 14 days or I will have to take further action, as outlined previously..

 

Should i keep it as brief as that or a bit harsh , now they are ignoring me ?

your a great help

x

[legalpickle]

hi got another letter today saying regards to my letter about charges and ppi claim they are not persuing my amount owed , the amount remains unsatisfied and will stay on file and will show on cra for 6 years if you are charged interest not futher will be added !!!!

 

Its as if they have completely ignored me , so send a copy of the last letter for claiming charges giving them 21 days a covering letter with

 

 

In view of your inability to supply a valid credit agreement, I now require your confirmation that any adverse data in respect of this account has been removed from all credit reference agencies.

 

I addressed this issue in my letter of xxdate, but you have failed to respond. Please do so within 14 days or I will have to take further action, as outlined previously..

 

Should i keep it as brief as that or a bit harsh , now they are ignoring me ?

your a great help

x

Harsh!

 

14th April 2009

 

Dear Sirs,

 

I write as with regards to account number: .... and attach a copy of my letter dated ... and your responses dated ... & ...

 

Firstly, as the account is unenforceable all information must be removed from my credit record. You have admitted that the account is unenforceable therefore have no defence to this issue. Should you not confirm removal of all information relating to this account from all third party systems, including credit reference agencies, within 14 days, I will be left with no choice but to issue court proceedings seeking an order from the court that will oblige you and all third parties to remove all information relating to this account from any records relating to myself. I will also seek costs in such a claim.

 

Secondly, as the account is unenforceable, you are liable for all charges I have paid to you - which were never agreed to - according to the attached breakdown - which I have already sent you once. Should you not provide a full refund within 14 days I will be left with no choice but to issue court proceedings for the recovery of the full amount, plus interest at 8% per annum [pursuant to s69 of the County Courts Act 1984] and costs.

 

No further correspondence will be entered into. I expect a satisfactory response within 14 days.

 

Sincerely,

 

bones01

[bones01]

oh your a star thanks

x

[legalpickle]

oh your a star thanks

x

No, I'm not.

No problemo.

[bones01]

hi all .

Right their first letter said that they are no persuing the debt but will not leave as satisfied , then am getting defaults through and not they are sending me payment letters again and defaults and have not aknowledge my letter about removing defaults and a refund ?

what should i do now ?

thanks

[slick132]

When their 14 days are up, do what you told them you'd do.

 

Court action to seek:-

 

1. A declaration that the debt is unenforceable.

 

2. An order for the removal of adverse comments on your credit records.

 

3. A full refund of all penalty charges applied to the account, including contractual interest thereon (if you want this).

[legalpickle]

3. A full refund of all penalty charges applied to the account, including contractual interest thereon (if you want this).

I personally wouldn't go for contractual interest but instead statutory interest. Personal opinion, it's easier to claim and the difference is not much worth the aggravation. Playing devil's advocate with a rhetorical question "If the agreement was unenforceable then why should the contractual interest be claimable?".

[bones01]

ok thank for advice . how do i go about gettoing court action to seek unenforcable debt and removeadverse comments and statutory interest??

 

can i just clarify what statutory interest is please ? thanks

[legalpickle]

can i just clarify what statutory interest is please ? thanks

Statutory interest is 8% per annum. Contractual interest is the interest mentioned in the contract. There are numerous spreadsheets to work out statutory interest, but those to work out contractual interest - if they exist - would be harder to use because the contractual interest rate would vary from contract to contract.

[bones01]

right so i input the unlawfull charges and then claim 8% per annum on top of what origionally claiming ?

 

How do i go about starting the proces for all the above . I am stuck now , dont know where to go from here .

thanks again

x

[legalpickle]

right so i input the unlawfull charges and then claim 8% per annum on top of what origionally claiming ?

 

How do i go about starting the proces for all the above . I am stuck now , dont know where to go from here .

thanks again

x

When initiating the claim you claim interest on all the charges till the date of initiating the claim - this is included in the claimed amount - and then specify the daily interest for each day that the claimed amount is overdue.

 

So the court fee payable is for the total claimed amount, including the interest till the date of initiating the claim.

 

As far as the spreadsheet, as I already have the figures you have been charged in my computer, I'm happy to prepare the interest spreadsheet for you when you have the Particulars of Claim prepared and to review the Particulars of Claim for you.

 

Unfortunately at the moment I can't volunteer more help than that because I am extremely busy at the moment. I wish I could but I would only be disappointing you if I committed to more than that.

[bones01]

that would be great , thanks for that .

Do i get in touch with my local court to get a particulares of claim ?

this i sthe process that i dont understand ?

Can you just outline (bullet point ) the process that i will have to follow through myself to be able to get the claim processed . dont know if go to court or write to little woods or what to ask for ........ .

if poss would really appreciate it or is there another frum i should be in to ask if you are busy

thanks

x

[legalpickle]

that would be great , thanks for that .

Do i get in touch with my local court to get a particulares of claim ?

this i sthe process that i dont understand ?

Can you just outline (bullet point ) the process that i will have to follow through myself to be able to get the claim processed . dont know if go to court or write to little woods or what to ask for ........ .

if poss would really appreciate it or is there another frum i should be in to ask if you are busy

thanks

x

Nope. A Particulars of Claim is what you write breaking down the basis of the claim and what happened in the claim. Ideally you should prepare that in numbered points in Word and attach it to the claim form. The claim form is simple and I can guide you through that, but I don't have the time to prepare a Particulars of Claim for you. I would recommend that you either have assistance from somebody else who knows the court procedure and has experience or somebody else on this forum with such experience. I am happy to try and proof it for you, but there is a limit to the time I can put into it, so if it needs too much work, I'm sorry I won't be able to help.

 

The court procedure is as follows [this is the way I do things, for some of the following people different people have different routes and most of them are more or less Ok, but I'm providing my route, because that's what I know works];

1. When the Claim Form, Particulars of Claim ("PoC") and attachments are prepared, you must print 3 copies of each and sign the Claim Form and Particulars of Claim on each. You pay the Court office the issue fee.

2. You take the 3 claim forms [claim form including the PoC and attachments - from now on where I write "claim form" I mean claim form, PoC and attachments] to your local County Court. Ask them to process it immediately and say that you want to serve it on the defendant - Service by Claimant. Ask for a response pack. They will return 2 claim forms to you stamped with a claim number and sealing stamp, they will also provide you with a response pack.

3. You should send by special delivery 1 claim form with the response pack and a short cover letter to the registered office of the Littlewoods finance company.

4. The defendant will have 14 days from the date of receiving the claim form and response pack to advise the court whether they intend to defend or admit the claim, file a defence or alternatively to settle the claim with you. If they file a defence it goes to the next stage. If they file an Acknowledgment of Service stating an intent to defend they get 28 days from that date to file a defence or settle the claim with you.

5. When and if they file a defence, you will receive a copy from the court and an Allocation Questionnaire. You fill in a computerized Allocation Questionnaire and prepare Responses to the Defence. (As the claim is valued at less than £1,500 there is no fee for the Allocation Questionnaire). You send a copy of the Allocation Questionnaire and the attached documents to the address specified in the defence cover form or the Allocation Questionnaire.

6. The Court allocates a hearing. The Court will give a date by which you must pay the hearing fee. You pay the hearing fee.

7. In the same Allocation Order will most likely be a date by which any further evidence must be filed. If it is recommended that any further evidence [such as witness statements] should be filed, then they must be filed and a copy sent to the Defendant - to arrive by the deadline specified in the Allocation Order by the court. Special Delivery [NOT Recorded Delivery] is recommended for all documents.

 

You should make as much effort as you can to settle the claim. I would recommend a cover letter with the Allocation Questionnaire [& Responses to Defence] advising of your wish to settle the claim. If the claim is settled more than a week before the scheduled hearing, and you notify the court more than a week before the scheduled hearing, you will receive the hearing fee back from the court.

 

In your case, I would recommend that any settlement be agreed by way of consent order. If it comes to that, I am happy to draft a consent order for you. The reason is because that besides for the monetary issues there remains an issue of having the information removed from your credit record. If they don't do that, and you find that out a few months later, you would have to pay a larger court fee - because the case would only relate to a non-monetary matter - to issue new proceedings, however if the case is closed by way of a consent order, you can apply to revive the proceedings on the basis of their not complying with the consent order, which would be cheaper than issuing new proceedings for a non-monetary matter. If however they do abide by the agreement in the consent order, the proceedings are deemed close through the consent order. A consent order is done by way of an Application by Consent - which is free (unlike an Application on Notice). The order is signed by you and the Defendant and then a District Judge will stamp it, sealing the order and send a copy to you and the Defendant. There is no need for a hearing for an Application by Consent and for sealing a Consent Order.

 

Good Luck.

 

Please keep us posted.

[bones01]

thanks fully appreciate any time that you give me for help

If anyone else would be able to assist me thruogh the process, i would be very gratefull as it very very daunting on you own the firdt time .

 

Right so if i get cracking on a poc .

simple and bullet points like slick did ??

 

1. A declaration that the debt is unenforceable.

 

2. An order for the removal of adverse comments on your credit records.

 

3. A full refund of all penalty charges applied to the account, including contractual interest thereon (if you want this).

 

would that be enough?

 

also where abouts would i get a claim form from ?

 

thank s

[legalpickle]

thanks fully appreciate any time that you give me for help

If anyone else would be able to assist me thruogh the process, i would be very gratefull as it very very daunting on you own the firdt time .

 

Right so if i get cracking on a poc .

simple and bullet points like slick did ??

 

1. A declaration that the debt is unenforceable.

 

2. An order for the removal of adverse comments on your credit records.

 

3. A full refund of all penalty charges applied to the account, including contractual interest thereon (if you want this).

 

would that be enough?

 

also where abouts would i get a claim form from ?

 

thank s

I'll help you with the claim form when you have the PoC ready. The claim form will be easy compared the PoC on which you have a heck of a lot of work!

 

Nope! Your demo PoC shows that you need assistance on it. I'm sorry I can't help. It has to be simple but detailed! If it goes before a District Judge he's going to have no clue what you are talking about!

 

You have to give much more detail, without it your case will fail. Littlewoods will be able to apply to have it struck out for not being fully particularized. You need to quote the law, state what has happened and give a full breakdown of facts. My guess is your PoC should be about 2 pages long.

[bones01]

hi , its ok found alphageeks poc for littlewoods and has said its ok to use what relevant for mine so will jst amend and adjust , i will post up here when have done it and then get he next iece of advice for the next step

x

[legalpickle]

hi , its ok found alphageeks poc for littlewoods and has said its ok to use what relevant for mine so will jst amend and adjust , i will post up here when have done it and then get he next iece of advice for the next step

x

Make sure the basis for claim is entirely the same. If it isn't the PoC will be useless.

[Alphageek]

Make sure the basis for claim is entirely the same. If it isn't the PoC will be useless.

 

Yes, make sure you post your PoC up here Bones before you issue the claim.

 

I'll do what I can to help as well.