Littlewoods and Great universal

[WOOD73]

Thanks Ida, only thing that concerns me though is the fact that they say their charges are fair as the oft says they can charge that much etc. and if court becomes necerssary, will their defence stand up, as I really cant afford to go to court and lose, if there is only a slim(ish) chance of winning, I think I would not bother.

[not so goldengirl]

hi the thing is here if you claim back the charges and win then the debt will be cleared and you will have it as satisfied on your credit record.job done and over with then no more dca after you or anyone!!!!!!

[IdaInFife]

if they were that satisifed that there charges are fair why do they refund them to others?????

 

this is to put you off and obvioulsy it works on some people as you know you are right but you are questioning your own reason, exaclty what they want.

 

now repeat:

 

I am a cag memeber and won't believe any of there b*llsh*t.

 

Ida x

[guzzleguts]

Totally agree with ida, and it will not get to court no CCA.

 

GG

[WOOD73]

I am a CAG member and wont believe any of their bu****it!

 

I have knocked up this letter, what do you think?

 

 

 

Shop Direct Finance Company LTD

Aintree Innovation Centre

Park Lane

Netherton

Bootle

L30 1SL

 

Ref: xxxxxxxxxxxxxxx

Account no:xxxxxxxxxxxx

 

Dear Karen Field,

 

I have today received your letter dated 06/04/09 regarding my complaint.

 

I feel I must respond to this as follows,

 

1. You explain that the court has the power to decide that you cannot enforce the agreement. In fact the court cannot decide otherwise in this case as there is no agreement, It makes no difference what so ever wether there is any evidence of a credit based relationship.

2. You state that by providing my details to you for the purpose of ordering or to open an account that I signify my consent to you passing my personal information on to a third party I.E. credit reference agency. As I am sure you are aware under the data protection act you would require my EXPRESS CONSENT to pass my information to a third party, the following is an extract from the data protection act 1998.

 

59 Confidentiality of information

(1) No person who is or has been the Commissioner, a member of the Commissioner’s staff or an agent of the Commissioner shall disclose any information which—

(a) has been obtained by, or furnished to, the Commissioner under or for the purposes of this Act,

(b) relates to an identified or identifiable individual or business, and

© is not at the time of the disclosure, and has not previously been, available to the public from other sources,

unless the disclosure is made with lawful authority.

(2) For the purposes of subsection (1) a disclosure of information is made with lawful authority only if, and to the extent that—

(a) the disclosure is made with the consent of the individual or of the person for the time being carrying on the business,

(b) the information was provided for the purpose of its being made available to the public (in whatever manner) under any provision of this Act,

© the disclosure is made for the purposes of, and is necessary for, the discharge of—

(i) any functions under this Act, or

(ii) any Community obligation,

(d) the disclosure is made for the purposes of any proceedings, whether criminal or civil and whether arising under, or by virtue of, this Act or otherwise, or

(e) having regard to the rights and freedoms or legitimate interests of any person, the disclosure is necessary in the public interest.

(3) Any person who knowingly or recklessly discloses information in contravention of subsection (1) is guilty of an offence.

As far as I am aware I have never given you consent, and unless you can provide a document containing my permission, then I require you to remove all information from credit reference agencies immediately.

Your failure to comply within 14 days will result in a complaint being submitted to the Information Commissioners Office, and Court proceedings to order the removal of the information.

3. Charges applied to the account.

As I have previously stated, Your right to add any charges to an account would form part of an agreement between us, as no such agreement exists you have no such right.

 

I will not hesitate to begin court proceedings for the recovery of the charges, should they not be refunded within 14 days.

 

You may consider this as notice of intended court proceedings.

 

I look forward to your response.

 

Yours Sincerely

 

 

Wood73

 

 

 

 

 

 

 

 

Any thought's on this?

[guzzleguts]

its a great letter but they will not listen, i have been sent a letter stating they will not pursue me anymore including DCA's,but they are still sharing my info with the cra's. I have just put a complaint in with the information comm.

 

GG

[WOOD73]

I think I will do that anyway, I will look into getting court costs waived as I am currently on jsa, If I can I'll get 2 lots of proceedings going against them and maybe 1 against the cra if they wont play ball.

[Alphageek]

I am a CAG member and wont believe any of their bu****it!

 

I will not hesitate to begin court proceedings for the recovery of the charges, should they not be refunded within 14 days.

 

I will not hesitate to begin court proceedings for the recovery of the charges and seek damages pursuant to DURKIN Vs DSG RETAIL LIMITED and HFC BANK PLCs (A187/04) should they not be refunded within 14 days.

[IdaInFife]

.

 

3.Charges applied to the account.

As I have previously stated, Your right to add any charges to an account would form part of an agreement between us, as no such agreement exists you have no such right.

 

What I require I calculate that you have taken £XXXXX plus £XXX which you have charged me in admin charges, late payment fees and interest. Total £XXXXX . I enclose a schedule of the charges which I am claiming with this letter

 

I will not hesitate to begin court proceedings for the recovery of the charges, should they not be refunded within 14 days.

 

You may consider this as notice of intended court proceedings.

 

I look forward to your response.

 

Yours Sincerely

 

 

Wood73

 

 

 

 

 

 

 

 

quote]

 

tell them exactly

 

ida x

[milly5]

I issued court proceedings against shop direct last year for a littlewoods account and marshall ward account to reclaim my admin charges. Both claims were defended by shop direct at first but they caved in before too long and I received all my charges back with interest.

They wont make it easy as they hope you will give up but my advice would be go for it ,you will win your charges back.