chezt v's Littlewoods Catalogue **I WON**

[bill-k]

why do u send 3 copies to cc?

 

Thanks again for helpin .. hope ur feelin better soon

 

Cheers, Chezt - better, now, ta. I've still got a dose of "Nottingham Nut."

 

What's that you ask ?

 

"Throbbin' 'ead, throbbin' 'ead, riding through the glen..."

 

Re the N1 copies - had a discuss with Doryphor on this. I use the N1 and N1a, as downloaded as pdf's from the HMCS site. I then post all my claims to the CC local to the defendants' head office. Now, the N1a definitely says send in three copies - 1 for defendant, 1 for court and 1 for claimant. The courts always send me back my copy, duly stamped & dated. Dory, however, says he takes his in to his local CC, and they just take 2 copies from him. He says he might do 3 next time, so's he gets a "receipt" in the form of his one, duly stamped.

 

In my dealings with court clerks so far, I personally would INSIST on a receipt !! I think he sees my reasoning !!

[chezt]

Cheers, Chezt - better, now, ta. I've still got a dose of "Nottingham Nut."

 

What's that you ask ?

 

"Throbbin' 'ead, throbbin' 'ead, riding through the glen..."!!

 

Sounds painful!

 

Re the N1 copies - had a discuss with Doryphor on this. I use the N1 and N1a, as downloaded as pdf's from the HMCS site. I then post all my claims to the CC local to the defendants' head office.

Not my local cc then? Wot if it goes to court ... I don't wanna travel miles

 

Now, the N1a definitely says send in three copies - 1 for defendant, 1 for court and 1 for claimant. The courts always send me back my copy, duly stamped & dated. Dory, however, says he takes his in to his local CC, and they just take 2 copies from him. He says he might do 3 next time, so's he gets a "receipt" in the form of his one, duly stamped.

 

In my dealings with court clerks so far, I personally would INSIST on a receipt !! I think he sees my reasoning !!

 

Thanks for explainin that ... makes sense now!

[chezt]

OKEY DOKEY ..... UPDATE!!!!!

 

Letter from Littlewoods (Finance Company Limited this time!)

 

here goes ... see what u think ....

 

'Further to our letter of DATE ( u mean from your solicitor ....u never replied!) apoligies for delay in replying blah blah.

 

I have now reviewed all activity on your account over the period xxxxx. According to our records you have set up a number of payment arrangements during this time, some of which have not been paid as agreed. This will result in a letter being produces & an admin charge being made to your account (er yeah I've seen that!)

They then go on to tell me how naughty I've been & when and how much they have charged me for doing so! one n a half pages full!! My schedule is shorter! (Dunno what all this is about?!?!?!)

They go on ... We believe we have gone to considerable lengths to reduce the risk of you incurring a default charge including sending at least one reminder before default charges are applied (don't remember that ... just appeared as a charge on the acc as far as I remember) We are satisfied that, when considered in the context of the steps we take to reduce the occasions on which the charge is incurred, the frequency and nature of the defaults for which a charge is made & the level of the charges themselves, the admin charges applied to your acc are entirely fair & reasonable (wondered when they were gonna get that one in!)

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 acc are justifiable in accordance with the views of the OFT & are fair within the Unfair Terms in consumer contracts regulations.

 

in the circumstances, the company is not prepared to remove all charges applied to your acc as requested.

 

i confirm this letter concludes our investigations into your complaint. I trust our explanation meets with your satisfaction.

 

OK ... Comments PLEASE!! Bearing in mind I've alread filed MCOL on this & this was issued 21st Nov ... they have until 10th dec to reply ... so is this it? Is this their reply or should they be replying to the court? The letter is just addressed to me & no cc mentioned anywhere ....

[bill-k]

OKEY DOKEY ..... UPDATE!!!!!

 

Letter from Littlewoods (Finance Company Limited this time!)

 

here goes ... see what u think ....

 

'Further to our letter of DATE ( u mean from your solicitor ....u never replied!) apoligies for delay in replying blah blah.

 

I have now reviewed all activity on your account over the period xxxxx. According to our records you have set up a number of payment arrangements during this time, some of which have not been paid as agreed. This will result in a letter being produces & an admin charge being made to your account (er yeah I've seen that!)

 

They then go on to tell me how naughty I've been & when and how much they have charged me for doing so! one n a half pages full!! My schedule is shorter! (Dunno what all this is about?!?!?!)

 

They go on ... We believe we have gone to considerable lengths to reduce the risk of you incurring a default charge including sending at least one reminder before default charges are applied (don't remember that ... just appeared as a charge on the acc as far as I remember) We are satisfied that, when considered in the context of the steps we take to reduce the occasions on which the charge is incurred, the frequency and nature of the defaults for which a charge is made & the level of the charges themselves, the admin charges applied to your acc are entirely fair & reasonable (wondered when they were gonna get that one in!)

 

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 acc are justifiable in accordance with the views of the OFT & are fair within the Unfair Terms in consumer contracts regulations.

 

in the circumstances, the company is not prepared to remove all charges applied to your acc as requested.

 

i confirm this letter concludes our investigations into your complaint. I trust our explanation meets with your satisfaction.

 

OK ... Comments PLEASE!! Bearing in mind I've alread filed MCOL on this & this was issued 21st Nov ... they have until 10th dec to reply ... so is this it? Is this their reply or should they be replying to the court? The letter is just addressed to me & no cc mentioned anywhere ....

 

Hi Chez,

 

I reckon this is what might be termed a "pre-court sod-off" !!! They deserve like-for-like in reply !! They haven't acknowledged your MCOL claim in this, it seems, but they must have had it. They know the clock's now ticking on this, and they're hoping you're their favourite "Little Mrs. Easily-Intimidated Housewife," and that you'll bottle out.

 

I just lurve the way that they try and tell you that, because they have done this so many times with your account, it justifies doing it. Like saying "Excuse me, but I've successfully mugged the same person twenty times so far, with no complaints, so it must be OK to do that." !!

 

I would enjoy sending them a polite-but-arsey reply on the lines of "Thanks for admitting how many times you have committed this offence, but you haven't explained how you think that makes it OK. Therefore...left with no choice but to MCOL...claim still stands...please check with company litigation dept before sending any more of this brainless cr@p. "

 

Stephanie Coulthard was the co. solicitor I dealt with 2-3 years back, but see who gets back to you first, really.

 

As AlanFromDerby would say "Clock's ticking again - time to turn the screw..." I love that guy !!

 

They have ignored mentioning it in their letter, so just keep the MCOL claim chugging, I reckon. After all, what's changed ?

[chezt]

OK 'Nother update!!! I've received today notice of acknowledementof service today (In a court NOT near me! :-| - Surely I won't have to travel there if this goes to court?!)

 

Defendant now has 28 days from date of service to file a defence (POO )

It states .....

 

'I intend to defend all of this claim'

 

Signed by littlewoods Solicitor - Not the same as yours Bill ... Am I ok to say who it is or should I play it safe??? It does say Trainee Solicitor in position though

 

"Little Mrs. Easily-Intimidated Housewife," ..... NOT!!

[bill-k]

Where is it - Liverpool ?

 

I just noticed they're using a trainee. I reckon they've had to get some in to deal with the workload, then !!

 

Poor kid - giver him/her an education !!

[Bookworm]

OK 'Nother update!!! I've received today notice of acknowledementof service today (In a court NOT near me! :-| - Surely I won't have to travel there if this goes to court?!)

 

Does it say Northampton?

 

That's where MCOL is based, it then gets passed to your local court. You should know this by now, it is in the FAQs and step-by-step.

 

It states .....

 

'I intend to defend all of this claim'

 

Like I said it would.

 

Ok, just to wait for their defence then. Make sure you post it in full (blanking out your identifying markers, of course) here, so we can all have a good look.

[lisamellor]

i was just reading through your thread, i was wondering if you had a copy of the signed credit agreement from littlewoods?? if you havent then i would reccoment reqesting one, it costs a £1.00. and if they can not supply you with one, then that would be very usefull in your court bundle. as if they dont supply you with one, then the whole of the debt would be written off. and then you could try and reclaim back everything that you have paid littlewoods.

 

 

just wondering as my mum has a debt with littlewoods, and i requested a copy of the original signed credit agreement, (which they havent supplied) they had 12 days to send it, after the 12 days they are in dispute and they have 30 days to rectify it. and they havent done this yet, so i have just sent littlewoods a letter telling them that the debt is now unenforcebale and i want all monies paid to them refunded and they have 21 days to do so and to also remove all info from their database and defaults on the credit file.

 

lisax

[bill-k]

Does it say Northampton?

 

That's where MCOL is based, it then gets passed to your local court. You should know this by now, it is in the FAQs and step-by-step.

 

 

 

Like I said it would.

 

Ok, just to wait for their defence then. Make sure you post it in full (blanking out your identifying markers, of course) here, so we can all have a good look.

 

Sorry, I don't use MCOL myself, so I'm unfamiliar with their procedure.

 

Yes, you gotta wait the time, but I suspect their defence will read something like this:-

 

" "

 

But post it anyway !!!

[bill-k]

Lisa - that's an interesting bit of info !! It's certainly worth a quid.

 

But is that really so about the debt being unenforceable if they can't supply the signed contract ?

 

I thought that simply making a purchase from them implied your agreement to the contract, and that this, effectively, becomes your signature.

 

Have you got a thread on this (I'll look for it anyway) - and can you post a link here ?

 

Thanks

 

Bill.

[lisamellor]

here is a link for my thread

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/32080-my-mums-catalogue-bill.html

 

lisaxx

[bill-k]

here is a link for my thread

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/32080-my-mums-catalogue-bill.html

 

lisaxx

Thanks Lisa - that thread's knocked me out !!

[lisamellor]

may i say this though....

 

my mum has just received hers, so i will be going down another road to get the charges sorted out. i will be deducting the charges etc from the balance, and then offering them a pound a month, and telling them to freeze the interest. then hopefully they will take it to court and i will disclose my mums income and outgoings and tell them that she cant afford it and ask the judge to order them to wipe the debt off.

 

the only reason i would reccomend people gettting their credit agreement is because not all companies keep them. and they have 42 days in total to send it.

 

just wanted you to know that their are more roads than one to travel down.

 

the other catalogue which she has didnt have the credit agreement so that debt is now unenforceable, and i am claiming all the money back she has paid.

 

lisaxx

[chezt]

Does it say Northampton? Yes it is!

 

That's where MCOL is based, it then gets passed to your local court. You should know this by now, it is in the FAQs and step-by-step.

 

Is it really! Whoops I missed that bit then & I've read so many times!! Soz bookie .... I'll consider me hand duly slapped My excuse (& I'm sticking to it) is I usually have one eye on me lil girl causing mischief with wotever she can get her hands on n turning off the computer whilst I'm workin on it!!

 

Like I said it would. That predictable huh!

 

Ok, just to wait for their defence then. Make sure you post it in full (blanking out your identifying markers, of course) here, so we can all have a good look. Certainly will .... lets see what excuses they have to entertain us with eh!

[chezt]

i was just reading through your thread, i was wondering if you had a copy of the signed credit agreement from littlewoods?? if you havent then i would reccoment reqesting one, it costs a £1.00. and if they can not supply you with one, then that would be very usefull in your court bundle. as if they dont supply you with one, then the whole of the debt would be written off. and then you could try and reclaim back everything that you have paid littlewoods.

 

 

just wondering as my mum has a debt with littlewoods, and i requested a copy of the original signed credit agreement, (which they havent supplied) they had 12 days to send it, after the 12 days they are in dispute and they have 30 days to rectify it. and they havent done this yet, so i have just sent littlewoods a letter telling them that the debt is now unenforcebale and i want all monies paid to them refunded and they have 21 days to do so and to also remove all info from their database and defaults on the credit file.

 

lisax

 

Cheers for the info Lisa ... will deffo write off for that!

 

If that's true about the refund etc then that's amazing ... I've had thousands of pounds of stuff over the last however many years for me n my family etc .... do you know of anyone who has actually had this written off n refunded then??

[chezt]

Yes, you gotta wait the time, but I suspect their defence will read something like this:-

 

" "

 

But post it anyway !!!

 

Or something like .....

 

haha!

[chezt]

Still nowt in the way of defence from Littlewoods solicitor ....

 

Anyway, I've just had a reminder about sending for a copy of my original credit agrement so have drafted this from the templates library ....

 

ACCOUNT NUMBER: xxxxxxx

 

With reference to the above agreement, I would be grateful if you would send me a signed copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of me credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

chezt

After reading lots of other threads there are loadsa other letters which are more all singing n dancing to this one .... should I add more or would this be ok? I've just changed the bit above in red as I thought I needed a signed copy.

This is one of the other versions posted on a thread ....

I do not acknowledge ANY debt to your company. I require you to supply the following documentation.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for running account credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Which shall I use???

Also, do I have to send payment by postal order or can I just send a cheque???

[bill-k]

--

[chezt]

* little bump!*

[bill-k]

Chez, sorry - I dunno what happened earlier - I'm losin' it I guess !!

Like you, I saw several versions of the letter posted. I noticed in one thread, there was the polite one, followed immediately by Rooster's more robust version.

 

FWIW I ended up doing an amalgam of the two, if this is any use (no snidey stuff this time tho ) :-

Consumer Credit Act 1974 s78 (1) Demand

Dear Sir/Madam

Unintelligent Finance - Account No:

Please supply me with a true copy of the credit agreement under which this account is conducted.

 

This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.78 (1)

for running – account credit).

 

Your obligation also extends to providing a statement of account.

 

I enclose a £1 cheque in payment of the statutory fee.

 

As a member of the Consumer Action Group, I am aware that you are obliged to supply these documents within 12 days, under S189 of the

Consumer Credit Act 1974.

 

 

 

Yours faithfully,

 

 

 

 

 

 

 

Bill-k.

 

Encl: £1.00 Cheque no:

[bill-k]

* little bump!*

 

Aaaaw - congratulations !!

[chezt]

Aaaaw - congratulations !!

 

chuffin eck!! Not yet!!! Give me another year then I may have!!

Ta 4 letter ... I'll av a propa look later x

[chezt]

 

Consumer Credit Act 1974 s78 (1) Demand

 

 

 

Dear Sir/Madam

 

Unintelligent Finance - Account No:

Please supply me with a true copy of the credit agreement under which this account is conducted.

 

This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.78 (1)

for running – account credit).

 

Your obligation also extends to providing a statement of account.

 

I enclose a £1 cheque in payment of the statutory fee.

 

As a member of the Consumer Action Group, I am aware that you are obliged to supply these documents within 12 days, under S189 of the

Consumer Credit Act 1974.

 

Bill i'm a bit confused with all the S's!! The letters I've seen quote Act 1974 (Sections 77−79) too .... is this all relevant .. I'm confused???

 

Also, do I have to send payment by postal order or can I just send a cheque???

[bill-k]

Bill i'm a bit confused with all the S's!! The letters I've seen quote Act 1974 (Sections 77−79) too .... is this all relevant .. I'm confused???

 

Also, do I have to send payment by postal order or can I just send a cheque???

I must admit, Chez - I've not actually read the relevant Sections of the Act - and I really should have done before sending my request. I just copied & pasted Rooster's text.

 

Cheque is OK - but beware - they MIGHT just pay the £1 into your account !!

[chezt]

I must admit, Chez - I've not actually read the relevant Sections of the Act - and I really should have done before sending my request. I just copied & pasted Rooster's text.

 

Oh ... dunno which bits to quote now then ... will go for a scoot about I think!

 

Cheque is OK - but beware - they MIGHT just pay the £1 into your account !! Well surely that's their own silly fault if they do! If I make it clear what the payment is for then that's me covered I would think!

 

Had a scoot ... how's this ....

 

 

 

Consumer Credit Act 1974 s78 (1) Demand

 

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxx

 

With reference to the above account, please supply me with a true copy of the credit agreement under which this account is conducted.

 

I understand that under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.78 (1) for running – account credit) I am entitled to receive a copy of the credit agreement on request - your obligation also extends to providing a statement of account. I enclose a payment of £1.00 which represents the statutory fee payable under the Consumer Credit Act. Also, I am aware that you are obliged to supply these documents within 12 days.

 

You are notified that you are obliged to supply these documents, under S189 of the Consumer Credit Act 1974. I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law

I look forward to hearing from you.

 

Yours faithfully

 

 

 

 

chezt

Enc - £1.00 Payment