Littlewoods/Shop Direct did not follow FCA on covid payment holidays so now big mess and they sold to Lowells

[gemspan]

On 9th April last year I contacted Littlewoods to get a 3 month payment holiday as I was in the vulnerable category for covid and was having to pay to have things brought to me etc..  My finances had been seriously affected.  While on the call I happened to say that I just needed a few months breathing space...which they latched onto.  Apparently they had a "breathing space" system whereby they held payments for 3 months and then you had to pay all the payments in one go. 

 

That's not what I wanted and they never advised me of all my options simply used this because I used those 2 words.  I got no letters advising on conditions etc and after 3 months they asked for 3 months payments which of course I couldn't pay at that time. 

 

I would add that I had paid over 250 during that time on bnpl items and my account was never in arrears for all the years I had been a customer of them.  They gave me a credit of 3400 but I had only used 1700 including bnpl which interest is front loaded so no relation to the balance that was owed had I paid off the bnpl items during the alloted time...which I had always done and had done during this 3 month period too. 

 

Unfortunately this started a whole nightmare of events for me.  As I say before this my account was not in arrears and they actually put me in arrears by not giving the required payment holiday.  I then suggested that if I took a 3 month payment holiday I would be able to pay those arrears off and that would sort things out.  They refused......because I was in arrears.  Arrears that they had put me in!!!  A long battle of complaints started.  The complaint handler even said she really sympathised with me but if she upheld the complaint she would be held personally responsible.  What does that mean?  I'm now done with them and want to take this to court.

 

Anyway they have not done anything to help and, remember, I am in the vulnerable category for covid and had to isolate.  This seriously affected my mental health.  I had suffered financial difficulties when I was diagnosed with a life threatening condition in 2012 and had problems during that time.  I have worked very hard to get my credit file into good order and they have trashed it.  They have now sold the debt to Lowells.

 

The debt includes front loaded interest that was not due to be paid until after they sold the account to Lowells.  I have complained about this and they have told me that I signed up to this in my terms and conditions.  I have no copy of the terms and conditions and they didn't send it.  I am now of the opinion that I need to take this to court as the account was opened around 2016/17 and UTCCRs would have applied....and I believe this would have fallen squarely into this area.

 

The problem I have now is that I am unaware of what to do to get all the relevant information I need as they ask you to deal only online as so many things have changed.  I have been sending my complaints to Lowell..  They are entering bad markers on my credit report and I want to sue them for that due to them not following the required instructions by FCA at the time they applied this breathing space mess.  This has been a nightmare for me and I would be really grateful for help.  Do I sue Lowells or Shop Direct?  Lowells are trashing my credit report but Littlewoods were doing that previously....or do I sue both of them?  They're both liable as both taking part in this when the figure is wrong.

 

They are refusing to refund the interest and I have asked for the charges they have charged me to be refunded.  They refused to do this.  THe complaint was dealt with within a week and they have relied on t&cs.  So its not been investigated thoroughly and fairly.

 

Can somebody give me some pointers as to where to start please?  I am serious about taking this to court.  They are ruining my life and I wont be able to get any credit in the future when I need a new car.  As I'm now disabled this is a tragedy for me as I live in a rural area. This is the only business that I dealt with that has behaved this way.  

 

Thank you in advance.

[dx100uk]

covid relief doesn't mean your credit file wont be marked. the only thing you need to worry about is the defaulted date, which would have been registered by shop direct on or before the sale to lowells, what lowells do on your file going forward can't further hurt you.

 

as for the BNPL as soon as shop direct terminated and sold the A/C those sums become due too.

 

pers i'd stop the silly letter tennis with lowells, you won't get anywhere. they couldn't careless.

 

send Shop Direct an SAR and get all the details

 

send lowell a CCA request and until/unless they respond or until/unless they send a letter of claim totally ignore them.

 

i cant see it being necessary for you to raise a court claim to court, much better to see what lowells do .

[gemspan]

Hi

 

Thanks for responding. 

 

I don't know if I have made myself clear enough. 

 

Littlewoods should have given a payment holiday which was not reported to CRAs at the time.  I was told this by FCA.  They didn't do that and gave me something completely different that clearly didn't fit my needs so they, in my opinion, are entirely responsible for the situation as it stands now. 

 

I had to shield.  I had to pay to get things delivered. I could not get out.  My finances were seriously affected.  How is this my fault?  I was told it should not detrimentally affect my credit score.  I was told that.  Was I told lies? 

 

I am at breaking point with this as it's the only company that has dealt with it in this way and the other companies have placed no markers on my credit file and I am now paying fine.  This is a nightmare for me.  I cannot stress that enough. 

 

I just wanted to get this sorted and they defaulted when there was still a complaint in with them.  They sold it when there was still a complaint in with them.  This is just wrong and immoral.  I have done nothing wrong.  I tried to pay but they took away all ways of paying.  Why should I be subjected to this?

[dx100uk]

payment holiday or not, within covid guidelines or not, i've seen nothing whereby any of the authorities have said this cannot affect your credit file.

 

however the bottom line here is the original creditor decided to sell the account on, before then or upon sale they would have issued a default notice to you and defaulted the account. thats the only thing you really need to worry about upon your file.

 

as for the sale of the account when it was 'in dispute', throw the morality card out the window , it's not 'wrong' either, they can make the business decision to do so at anytime regardless of any background. wash their hands walk away. its in their T&C's .

 

all of this sad debacle is something better taken up in-front of a judge should lowells ever be brave enough to issue a court claim upon the debt.