Littlewoods Court Action - Please HELP!!!!!

[babynan]

Also Laiste thanks for confirming that the CA that has been sent so far invalid anyway. lets see if they can send anything better !!!!!

 

 

Hi Laiste,

Well guess what , we still have not received a proper copy of a credit agreement (although for some reason the follow up letter that we sent after receiving the first credit agreement has never been received, according to the tracking on the royal mail, it was sent recorded delivery, the same applies to the letter to the DBA) the only one who got a copy of this letter was the solicitors!!!!

 

Anyway, deadline for a proper agreement is this weekend 15/04, but SAR request has until the 29/04, where do we stand and what should be do now - or after the 15th???

[babynan]

Also Laiste thanks for confirming that the CA that has been sent so far invalid anyway. lets see if they can send anything better !!!!!

 

 

 

Anyway, deadline for a proper agreement is this weekend 15/04, but S.A.R - (Subject Access Request) request has until the 29/04, where do we stand and what should be do now - or after the 15th???

 

 

Things are just getting worse with these people..... still no proper agreement:?

Deadline for SAR -Subject Access Request was 29th April. Then on 1st May we received a letter from them telling us how sorry they are that they have not been able to get this info to us but they have promised that we would receive our statements etc by 7th June:evil:

I DONT THINK SO.......... another 40 days on top of the original 40 days:-x

Letter of Non-Compliance sent on 02nd May giving them 7 days to comply.

[babynan]

[Things are just getting worse with these people..... still no proper agreement:?

Deadline for S.A.R - (Subject Access Request) -Subject Access Request was 29th April. Then on 1st May we received a letter from them telling us how sorry they are that they have not been able to get this info to us but they have promised that we would receive our statements etc by 7th June:evil:

I DONT THINK SO.......... another 40 days on top of the original 40 days:-x

Letter of Non-Compliance sent on 02nd May giving them 7 days to comply.

 

Well got another letter yesterday again from Littlewoods in realtion to our SAR, saying that they are sorry for the delay in getting info to us and they will send in another few weeks.

This is all beginning to seem a bit strange to me, how difficult can it be to produce this info for goodness sakes, still going to stick to times on Letter of Non Compliance, if by that date I still have nothing I am going to report to the Ombudsman and file with the court.

[Jeff2000]

Hi babynan,

 

 

It is the usual stalling tactics. Stick to your guns, and the normal timescales.

 

 

Jeff.

[pugsley]

have they stopped chasing the debt since they failed to comply to the CCA request? I haven't heard from them since they failed o comply.

 

Don't be worried about their fob off's, it's all a very standard act., good luck.

[babynan]

have they stopped chasing the debt since they failed to comply to the CCA request? I haven't heard from them since they failed o comply.

 

Don't be worried about their fob off's, it's all a very standard act., good luck.

 

Hi Pugsley,

No have not heard a thing from Debt collecters or Littlewoods at all, but want to get sorted once and for all, dont want this suddenly rearing its ugly head again in about six months time

Waiting to see if we finally get the statements this week !!

 

Good luck with yours

[babynan]

Hi Pugsley,

No have not heard a thing from Debt collecters or Littlewoods at all, but want to get sorted once and for all, dont want this suddenly rearing its ugly head again in about six months time

Waiting to see if we finally get the statements this week !!

 

Good luck with yours

 

 

At long last have got the statements from Littlewoods, many, many pages, some very difficult to understand. Have been able to work out that the one and only order ever placed with them was for about 215.00, in 2001 and that items to the value of 132.00 were returned to Littlewoods leaving a balance of 83.00, so far with extra-care payments and charges I have paid them arounf 385.00

 

(by the way once I realised that the Extra Care was being charged I did contact them and told them that I did not want this, but they refused to remove because I did not state this a time of ordering!! bearing in mind that the order was for baby clothes)

 

So please can anyone tell me where I go from here, the reason that I started this thread was that debt collectors were demanding about another 365.00. Since I requested my Credit Agreement (which was invalid) and informed the solicitors and Debt collecters that the debt is in dispute I have heard nothing further from them at all.

 

Any ideas as to what I should do now please, also a default has been issued due to this 'debt'

[babynan]

Bump

 

Can anyone help and advise me what I should do now, thanks.

[babynan]

Bump

 

Can anyone help and advise me what I should do now, thanks.

 

 

BUMP

[pugsley]

you need to write to them asking them to remove the default, the care payments etc will not remove this default, so go after them for removal because no credit agreement ever existed. Do not acknowledge any debt to them in your letters. Maybe you should post this in the default removal section of the legalities down the bottom, did you get a default the credit file or a notice warning of default?

 

I'm unsure about these care payments, maybe they are insurance and do not come under a penalty as such, someone else will probably be able to help you on that issue I'm afraid.

sorry I can't be of more help, but need to decide whether you want the debt cleared/not enforced and the default removed or just get back the care payments.

 

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html

 

 

 

here is a link regarding default removal, http://www.consumeractiongroup.co.uk/forum/abbey-bank/92062-default-removal-plus-compensation.html

[babynan]

you need to write to them asking them to remove the default, the care payments etc will not remove this default, so go after them for removal because no credit agreement ever existed. Do not acknowledge any debt to them in your letters. Maybe you should post this in the default removal section of the legalities down the bottom, did you get a default the credit file or a notice warning of default?

 

I'm unsure about these care payments, maybe they are insurance and do not come under a penalty as such, someone else will probably be able to help you on that issue I'm afraid.

sorry I can't be of more help, but need to decide whether you want the debt cleared/not enforced and the default removed or just get back the care payments.

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html

 

 

 

here is a link regarding default removal, http://www.consumeractiongroup.co.uk/forum/abbey-bank/92062-default-removal-plus-compensation.html

 

 

Hi Pugsley,

 

I have had a look through these and now I am not sure what to do at all, it all seems rather daunting to say the least, I dont think that I have enough experience/knowledge to understand half of this legal stuff:oops:

 

But I wonder if someone can advise further, what I would like to be able to do is to try and get this debt stopped once and for all.

Goods that were bought have been paid for, plus 300.00 on top for charges and insurance. They have not provided a proper CA, so I am told that this debt is not enforcable so I have now told Littlewoods/DC that debt is in dispute as DC was chasing for a further 385.00 (

What I would like to do is claim money/charges back and get default removed. From what I have been reading I should not acknowledge any debt because if there is no proper CA there is no debt so they should not have entered a default. But if I try and claim all the charges back because I am saying there is no debt, so no debt = no insurance (Extra Care) etc, then surely what I am also basically saying is that I didn't have the good's from them (which I did and have paid for) so I did have a contract with them of sorts? didnt I:|

Can anyone please help and maybe let me know how I should go about getting this all sorted, I have followed the proper procedures and have got to this stage and I am now at a loss:oops:

[babynan]

HI everyone, thanks for all you help so far, but I now need some more advice please !!!!!

I have gone through all of my sons statements and have found the following:

Goods ordered: 152.00

Payments made to date: 396.00

Difference: 244.00

 

My son was also being chased for a further 395.33 but has heard nothing since putting the account into dispute due to lack of a proper Credit Agreement.

 

We have decided that we are going to claim back the 244.00 that he has paid over and above the value of the goods that were originally purchased. This additional amount was made up from Extra Care insurance, charges and interest.

I want to know can I claim back the interest as well as the other stuff, the reason that I ask this is that because some of my sons payments were sparodic due to financial problems (loss of job etc), then maybe they would be right in adding the interest charges, But also because he did not want extra care and they refused to remove it this of course increased the amount of interest, so if I want to know can I claim back all the interest as it would be impossible to breakdown what was interest on the goods and what became interest on the extra care and the charges Littlewoods added.

My thinking is that since there is not a proper credit agreement then there are no details of what interest he should have been paying (if any) so therefore he could claim it back.

But since he is not disputing the original debt (he had the goods and has paid for them , which is correct) would this impact the claim for the interest at all?

Has anyone any ideas on this please as this has been going on so long now that we want to try and get it sorted. Once this has been sorted we can then try and get the default removed (or should we do this at the same time?????)

 

Pease help me:oops:

[pugsley]

I'm surprised someone hasn't given you more advice, I haven't been on here lately.

 

If you want to claim for charges that are unlawful you have to raise a point of law, are you sure extra care payments come under unlawful penalties, I think this is unlikely. You cannot go to court saying this and that is unfair and not have the facts to state why.

 

Don't rush into this as you will just have your claim thrown out

[Jeff2000]

Hi,

 

 

I think the extra care insurance is similar to PPI. Therefore I think you would have to show that you were mis-sold this insurance, unless you did not agree to it at all and they have just added it regardless!

 

 

Jeff.

[babynan]

Hi,

 

 

I think the extra care insurance is similar to PPI. Therefore I think you would have to show that you were mis-sold this insurance, unless you did not agree to it at all and they have just added it regardless!

 

 

Jeff.

 

Hi Pugsley and Jeff,

 

Thanks for getting in touch. I understand what you are saying regarding the Extra Care. But I do have a couple of questions about this though. My son did ask Littlewoods to cancel the Extra care but they refused and stated that now he had it he would have to continue paying it, he was not aware that he should have ticked a box on the form when he ordered the goods to state that he did not wish to have this cover. Also as he told them, this sort of insurance was no good in regards to cover on the goods since they were baby clothes.

 

The other problem is that all the time they have continued adding the extra care they were also adding interest to the total figure including the extra care. this has continuted all the way through even though the items have been paid for, they have added the increasing value of extra care against the balance of the interest, chgs etc.

Plus I have also read on someone elses thread that it states on Littlewoods agreements that if you default for 3 months then Extra care will not longer be available and you will not be covered.

 

Plus of course as I have stated there is no CA so I have no idea what the interest should have been???(if any)

Since I have contacted them and said that the debt is in dispute they have frozen the extra care and interest.

 

My son has made payments of 396.00 to date for items that cost 152.00. Please help what do you think that I should do now???? I dont want to make a mistake and do the wrong thing.

[Jeff2000]

Hi again,

 

 

Do you have a letter from Littlewoods, telling you that you cannot cancel the insurance!

 

I have recently requested that Littlewoods cancel the insurance on my account. I'll let you know what happens, when they contact me.

 

 

Jeff.

[babynan]

Hi again,

 

 

Do you have a letter from Littlewoods, telling you that you cannot cancel the insurance!

 

I have recently requested that Littlewoods cancel e insurance on my account. I'll let you know what happens, when they contact me.

 

 

Jeff.

Hi Jeff,

 

Unfortunately no my son does not have a letter, in 2002 he was only about 19 at the time and did not know what he should have done etc etc, but he phoned and complained about the insurance and asked for it to be cancelled and he was told over the phone that this could not be done and that he should have ticked the box to say that he did not want it at the time of ordering and because that was not done he was now not able to cancel. I did not know anything of these problems at this time and so he took what he had been told as the truth......

 

So I am still none the wiser as to where we should now go from here. do I continue with the claim..?

 

Please can someone help me:eek:

[surprise]

My arguement with this Extra Care is, its like insurance and you have to sign for insurance,therefore, if you didn't sign anything well then surely you should be able to claim it back?

[yaffsimone1]

I'm surprised someone hasn't given you more advice, I haven't been on here lately.

 

If you want to claim for charges that are unlawful you have to raise a point of law, are you sure extra care payments come under unlawful penalties, I think this is unlikely. You cannot go to court saying this and that is unfair and not have the facts to state why.

 

Don't rush into this as you will just have your claim thrown out

 

 

Extra Care is not a penalty charge it is a PPI, it has never been requested lack of credit agreement confirms this. So therefore in my view it can be reclaimed.

 

For me Littlewoods have just settled out of court all the charges, Extra Care advantage and interest under the county court act. I recevied confirmation yesterday.

 

So guys it can be done.....you just gotta keep on at them!

[Jeff2000]

My arguement with this Extra Care is, its like insurance and you have to sign for insurance,therefore, if you didn't sign anything well then surely you should be able to claim it back?

 

 

Yes, I am inclined to agree. Also, insurance is a product just like anything else. If you want it, you can ask for it. If you no longer want it, you cancel it!

 

I would get your son to write asking them to cancel. Then they would have to say no in writing.

 

 

Jeff.

[vinegarvera]

Hi There

I thought I could offer some help, I used to work for Littlewoods in the account opening.

We were advised when opening an acoount, to automatically add "Extra Care"

We were given a speech to run through which basically said Extra Care would be added unless the agent specifically asked for it to be romoved!

We were advised to run through the speech at high speed and the ask "ok?" at the end.

The thought behind this would be that most people would just agree even though they hadn't heard for fear of us "running through the bumph again".

The operator were on a bonus sceme for adding the Extra care and were reprimanded if they did not reach their "targets".

I think what I am trying to say is that IMHO they will have no paperwork to back themselves up!

Hope this helps!

[babynan]

Hi everyone, thanks for all of your help and advice. I have now decided reading through all of this (and after Yaffsimones good news) that I will now continue with the claim. So fingers crossed.........

I will keep this thread updated as this progresses.

[rory32]

Just subscribing.

[Jeff2000]

Hi everyone, thanks for all of your help and advice. I have now decided reading through all of this (and after Yaffsimones good news) that I will now continue with the claim. So fingers crossed.........

I will keep this thread updated as this progresses.

 

 

Hello,

 

 

Nice to hear!

 

 

Go get 'em!!!

 

 

Best wishes, Jeff.

[babynan]

Hi all thanks for the encouragement...............

 

BUT real bad news today:o

 

My son is really angry now, he has just received a letter from Brain Carter Solicitors, saying that they are acting on behalf of Phoenix Recoveries SDFS Recoveries, with a letter attached showing that Littlewoods have handed over the debt to these/this Debt Collector. The solicitors letter goes on to inform him that he has 7 days to contact them and make a payment or to sort out a payment plan else they will proceed with court action.

 

Surely Littlewoods should not have passed this on to yet another DB since the debt is in dispute, which also clearly shows on Littlewoods records that my son obtained from them, their records/notes show that the debt was handed back to them to handle directly from the previous DB.

 

What should he do now. He intended to send the Prelim letter to Littlewoods at the end of this week. Should he now send yet another letter to the new solicitors and point out that the debt is already in dispute and do the same to the DB?

Perhaps this should also be reported???? Should he still send out the prelim letter now????

 

Really could do with some more help with this please:mad: