Littlewoods - is it possible?

[165721]

Hi,

 

Does anyone know if it is possible and indeed if anyone has claimed charges back from a catalogue company, in particular Littlewoods. Their charges on my account amount to about £200.

 

Would welcome any comments!

 

Jack

[jonni2bad]

If their charges are for the same things you have seen in relation to banks, then yes.

 

Late payment fees etc - just follow the proceedures shown here and you'll be fine.

[165721]

Yes the charges are £10 for failed payment and £5 arrangement fee. Sounds promising. I will be sending in the request for charges this week. Thanks for your input!

[BotB]

£10 for failed payment and £5 arrangement fee.

 

Would they not be entitled to rely on the OFT pronouncement that £12 or less is an acceptable level of charge?

[Bookworm]

The OFT did not say that at all.

 

They said that £12 was the level at which they would take legal action (themselves), but that a charge below £12 was not necessarily acceptable either, and that only a court could decide what was lawful or not, and that customers should pursue if they thought they had been overcharged.

[165721]

Thanks for the discussion, all helpful!

[BotB]

The OFT did not say that at all.

 

 

As good as. They have set their tolerance level at £12.00 i.e. they won't take any action for less than that. I'm not sure why that's the magic figure, was it plucked out of the air?

[jonni2bad]

Then perhaps you need to read the whole statement.

 

At no point have they mentioned any figure that IS acceptable. They have only said that the figure will be for a court to decide.

[BotB]

At no point have they mentioned any figure that IS acceptable. They have only said that the figure will be for a court to decide.

I disagree.

 

Quote from OFT statement April 2006:

 

......The threshold is £12.

 

Our presumption will be that credit card default charges set above this level are unfair unless there are exceptional factors.

 

Conversely, in line with our current enforcement priorities, we do not propose at present to consider legal action where charges are set below £12.

 

We will regard default charges set below the threshold as either not unfair or insufficiently detrimental to the economic interests of consumers in all the circumstances to warrant regulatory intervention at this time.

 

Yes, the Court is the tribunal to decide. But how? If there isn't any evidence produced by the claimant or the defendant to indicate the true cost then the Court certainly will look at the OFT's guidelines, being the only evidence on which to make a decision. Merely addressing the Judge to the effect that you believe the charges to be unfair is not evidence that they are in fact, unfair.

 

Yes I did read the whole statement. And more. So please don't jump on me for flagging up with potential claimants points they do need to think about in preparing a case.

[hilaryfrances]

good luck with your claim, I will be digging out my littlewoods statements tonight

[jonni2bad]

From their statement....

 

"Where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play. A default charge is not fair simply because it is below £12. Setting a threshold for intervention is a pragmatic pro-consumer action that is designed to give the industry the opportunity to change its practice without litigation. It is supported by detailed guidance to the industry as to how to reduce the likelihood of public enforcement..see note 2"

Note 2 - This reflects the OFT's duty to target its resources on serious consumer detriment as a priority over cases involving less harm to consumers.

"Only a court can finally decide whether a charge is unfair or not. The OFT has today set out a statement of its view of the law. This has not generally been accepted by most of the eight credit card issuers."

 

However, we are now hijacking the original thread with separate issues. Perhaps any further points on the OFT statement could be made under separate thread please.

[165721]

I sent my preliminary letter in on 06.06.06, but have not recieved a reply. According to the post office this item was not signed for.

 

So I suppose I must assume that the post office lost the item of mail and I will have to send it again, but with an amended amount of £215 as I have been charged since sending the letter.

 

I am right in thinking if there is no tracking data then I cannot assume that they recieved it aren't I?

[Bookworm]

Actually no. A letter is deemed received 2 days after sent by regular post. In your case, however, because you sent it recorded and it wasn't signed for, you're probably going to have to do it again.

 

All you need is confirmation you have sent it, not that it has been received. I suggest sending it normal, but go to the PO and get a certificate of posting (free). Whether they acknowledge it or not is their problem, you have proof you sent it.

[165721]

Thank you, I'll take that route this time! Wish me luck!

[oooeee]

Hi there, my daughters littlewoods charges (£30 this month alone) are listed as administration costs at £10 a go. do you think i still have a chance of claiming this back? just wondering as they have not listed it as a penalty for late charges. any advice would be greatly appreciated. my daughters balance has gone from £50 to over £200 in just three months!!!

[165721]

Hi all,

 

Finally got my holding letter from the company solicitors, at least they yhave acknowledged me! It says to wait for further communication.

 

I guess as this is not a positive response and we are now 20 working days from sending the letter in, I now send in the letter before action? Any advice? Should this letter now be addresses to the solicitor?

 

Thanks in advance for your help!

[Bookworm]

Yep. Your claim, your deadlines.

 

Not working days, btw. 14 days is 14 days.

 

So, LBA, 14 days, then sue. That's how it goes. If it was the other way round, would they wait for you to hum and haw while you decide whether to pay tem or not? What do you think?

[165721]

Good point. Thank you. LBA will be in the post tomorrow!

[165721]

Before I do though a little general advice requested...

 

The letter I have recieved is signed personally by the company solicitor. Should further correspondance be directed to that person or to Sir/Madam?

 

Thanks!

[165721]

No reply from the Letter Before Action. I am now submitting a court claim. They better watch out!!

[jonni2bad]

Best of luck with it.

[Ron Baker]

My wife had a dispute over a balance outstanding with Littlewoods for a second time.

 

She wrote a letter requesting a copy of the consumer credit agreement for starters and how they have come by the disputed balance, as she had paid it, and had proof… at the same time she requested the information under the data protection act on her account going back the last 6 years… and an explanation on their £15 amendment fees they add on.

 

Low and behold she gets a phone call from a lady named Amanda, saying they had found the payment details of the disputed figure and will amend her account.

 

Amanda then asked my wife if she was happy with the outcome, and that should be the end of the matter, to which my wife said no, I still require the information as requested…. Amanda then said to her, you don’t want to go down that road do we, as it will cost you £10,…wife said’ “yes I do”, fine said’ this Amanda, and put the phone down on her.

 

She got a DP2 form but no copies of any consumer credit agreement.

 

She has completed and sent this DP 2 form along with the £10, and covering letter stating they have 40 days…. she now awaits the information.

 

Ron

[LouizeM]

Theyre very good at ignoring - see my link below.....

[165721]

Court claim in but have recieved a response from my LBA saying that they believe their charges are fair and a cheque for £20 as a gesture of goodwill!! Should I respond to this/send the cheque back/or what!? Its a joke!!!

 

Well we will find out if they still want to fob me off in the next 2 weeks. Beware... they do not reply in the timescale required by the customer...

[jonni2bad]

Just inform the court at the AQ stage that your claim is now for £20 less - cash the cheque!