wife v Littlewoods PPI

[Jangles65]

hellhasnofury

Hiya, i got your message in email but for some reason can't find it in this thread. I have sent letters to littlewoods regarding my records and refunds which they just ignore, do I have to take this to court if ombudsman is not going to investigate?

[Jangles65]

Sorry dpick I didn't mean to hijack your thread, I will start my own and keep in touch, its getting interesting

[dpick]

Hi jangles 65 been away for the last week or so and have not been able to post I got a very similar letter as your re credit agreement but in my letter to Littlewoods I stated that there was no agreement so no agreement for PPI and no agreement to processing data. What they have done is reduce balance by refunded PPI payments so instead of £1700 balance now £1176.10 and as with you they wont be pursuing this debt. For me this is a win I just wanted to get rid of them and was using PPI and credit file data as a bargaining tool. My wife and I are both in our 60's and wont be able to get credit for the next 9 years on debts where agreements have been produced correctly IE 3 years to pay off 6 to clear.

 

My win is that I no that my wife will relax now they are off her back.

 

dpick:D

[Jangles65]

Glad to hear you are sorted, I hope they will do the same with mine as the PPI paid is more than the balance I won't hold my breath. I have tried to draft a letter that I hope will now have some results. Thank you for all your help.

[dpick]

Love this got a letter from NDR asking why I have stopped paying and when I am going to make payment arangements for my Littlewoods account.

 

Enjoyed ring them

 

NDR we need to setup DD for payments

ME what payments

NDR for your littlewoods account

ME Littlewoods admit no agreement they will not pursue debt.

NDR you have to pay or we will hand it on to DCA

ME what did you say DUMBO

NDR you have to pay or we will hand it on to DCA

ME Stop reading your script and listen no agreement Littlewoods have written they will no longer be purduing this debt talk to you Littlewoods DUMBO.

 

HE HUNG UP

 

dpick:p

[hellhasnofury]

Love this got a letter from NDR asking why I have stopped paying and when I am going to make payment arangements for my Littlewoods account.

 

Enjoyed ring them

 

NDR we need to setup DD for payments

ME what payments

NDR for your littlewoods account

ME Littlewoods admit no agreement they will not pursue debt.

NDR you have to pay or we will hand it on to DCA

ME what did you say DUMBO

NDR you have to pay or we will hand it on to DCA

ME Stop reading your script and listen no agreement Littlewoods have written they will no longer be purduing this debt talk to you Littlewoods DUMBO.

 

HE HUNG UP

 

dpick:p

 

Love it:D Makes you feel all warm inside:D

 

Power to the people:D

[dpick]

I am now very ****ed off

 

Today received this letter

 

 

Good job I kept Littlewoods letter re no agreement, Sorry about quality of letter a little four legged mobile rug was quicker than me.

 

 

I feel a bog off letter coming on also complaints to OFT ICO etc, will also now check my wifes CRA files as they will probably still be updating the file so that it will not roll off after 6 years.

 

dpick:mad:

[dpick]

Hi first draft of bog off letter any comments welcome.

 

Mr dpick

Mrs dpick

390 someware

someware

 

 

 

 

iQor Recovery Services Ltd

33/34 Winckley Square

Preston

PR1 3EL

 

Dear Sir/Madam

 

Account no:XXXXXXX Littlewoods

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that we do not acknowledge of any such debt.

 

Please find enclosed a copy of a letter received from Littlewoods dated 10th August 2007 in which they confirm that they have no agreement with respect to the above account and will not be pursuing this account.

 

We now state that no further communication will be made concerning the above account unless required to by a court of law.

Please note that if you instigate legal proceedings we would then request, in compliance with CPR 4.6© a copy of the documents that you will be relying on in court as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA 1974 was signed by my wife in respect of this alleged debt.

 

We await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your and Littlewoods actions.

 

We look forward to your reply.

 

Yours faithfully

 

 

Mr dpick

Mrs dpick

[dx100uk]

they cant put an unsatisfied marker on the CRA, they must remove every reference.

i would forward a copy of the letter to the CRA , they should, themselves, put a note by the a/c, they might even remove it themselves.

 

i would p'haps also make the last sentence read they have committed a summary criminal offence by chasing this alledged debt.

give them say 14days before you will start legal proceeding.

 

i would also mention somewhere that you already have written communication from the financial ombudsman concerning littlewoods actions [good or bad they dont know!] regarding this a/c, & that you will also fwd on their letter to the financial ombudsman without fail also in 14days time if no reply.

 

dx100uk

[dpick]

Right people this is now where I get mad.

I have just managed to check my wifes experian file.

 

entry C5 Littlewoods have this debt as satisfied 29/08/2005???????

 

I have a letter from Littlewoods dated 10/08/2007 admitting they cannot find agreement and they will not be pursuing debt.

 

Entry C4 for

Company name: LEGAL DIRECT RECS

Account type: Mail Order

Started: 08/08/2005

Default Balance: £1,181

Current Balance: £1,181

Defaulted On: 08/10/2007

File updated for period to: 28/10/2007

Status History:

(brackets indicate most recent status) [8]

 

I have checked this and they are

 

Legal Direct Recs

Credit Control Manager

Littlewoods Finance Company

Aintree Innovation Centre

Park Lane

Bootle

L30 1SL

 

So Littlewoods have continued processing data with no agreement, put a default on 2 months after admitting no agreement and then sold debt to iQor recovery services.

 

Now I am mad and will be starting on both of these

 

dpick

[dx100uk]

sadly as i suspected, typical MO for these people.a

 

firstly , as advised above , you need to contact experian directly.

a fax might be a good idea.

they do talk onthe phone too.

poss discuss it with them and fax the evidence.

 

you should find they themselves will do something about it immedietely, it is their duty to check their data is correct. it is obviously not.

 

what slightly troubles me here in the littlewoods letter is the words 'there is clearly evidence of a credit based relationship'

not scanned back too far but if you have SAR'ed them , then you are entitled to the 'evidence' and i would request it forthwith , if they refuse then they need to be told to stop making false claims. you must get them to produce it one way or another.

 

good luck

 

dx100uk

[dpick]

Hi all first attempt at round one of my battle with Littlewoods to have default removed starting on a broad front with both CCA 1974, DPA 1998 and passing account to iQor recovery services after saying they will not be pursuing etc.

 

 

 

Mrs dpick

 

 

Littlewoods Ltd

Aintree Inovation Centre

Park Lane

Netherton

Liverpool

L30 1SL

 

Dear Sir/Madam

 

Re:− Catalogue accounts XXXXXX and XXXXXX

 

08 November 2007.

 

I have written to you on numerous occasions regarding the above accounts. In your letter of 10th August 2007 you finally admitted that you could not produce any agreements for the above accounts and would not be pursuing the alleged debt.

 

I was at that time happy to accept your statement, but I now find that you have NOT abided by your statement, two months after your letter you have applied a default to my credit reference file with Experian and have also continued to provide third parties with allegations that I am in breach of my obligations under the Credit Agreement for the Account, despite the fact that I cannot be in breach of any obligations where no agreement exists.

 

I have now started to receive phone calls and letters from iQor recovery services for the above account, I have since written to them enclosing a copy of your 10th August letter. So again I find that you have not abided by your statement that you would not pursue this debt.

 

As previously advised, whilst a creditor is in default of sections 77-79 of the CCA 1974, it may not enforce, pursue or increase any alleged indebtedness until such time as it does comply. If you remain in default for more than 30 days, you will have committed an offence under this act.

 

It is my belief that you have now committed an offence under sections 77-79 of the CCA 1974 in that you have continued to pursue this account. You have also in my opinion breached the DPA 1998 in placing a default of my credit record while you are in default yourself of sections 77-79 of the CCA 1974.

 

It is my opinion that you should in accordance with section 14(1) of the DPA 1998, cease processing all data in my name that is held by yourselves. Further I now require you to erase and destroy all data in respect of the myself. Also that accordance with section 14(3) of the DPA 1998, that you notify all third parties to whom the data have been disclosed of the rectification, erasure and destruction.

 

Please be advised that if you do not respond satisfactorily within 14 days of the receipt (special delivery recorded) I will issue you with a letter before action giving you a further 14 days to respond in full. Failure to respond satisfactorily will result in my applying to the county court for an injunction against you.

 

Yours faithfully,

 

 

Mrs dpick:mad:

[dpick]

Hi all had another call from iQor this morning advised them they could only speak to me not my wife they went it spiel regarding DPA and not able to talk to me. I advised them they did not have to talk just listen, we have sent you a letter with Littlewoods letter enclosed admitting no agreement would not pursue. I then told them they had been sold a pup by Littlewoods/NDR the account they had been sold was not worth the paper it was written on there was no agreement no legal way to enforce payment. Please take us to court but be advised as per CPR you will be required to produce agreement in court to enforce and there has never been an agreement.

 

dpick:D

[dpick]

Hi all now 28 November and have heard nothing further from iQor or Littlewoods. Will give Littlewoods till Friday to respond then LBA

 

will post more later dpick:mad:

[dpick]

Well got letter back from iQor account returned to client, nothing from Littlewoods, so checked royal mail online and littlewoods letter not delivered????? will check on Monday

but will resend Littlewoods letter again anyway.

 

dpick:mad:

[hellhasnofury]

Well got letter back from iQor account returned to client, nothing from Littlewoods, so checked royal mail online and littlewoods letter not delivered????? will check on Monday

but will resend Littlewoods letter again anyway.

 

dpick:mad:

 

Hiya Dpick,

 

Excellent work, keep it up:D

 

Maybe let littlewoods know that if they carry on with their scandelous behaviour, you will sue them for harassment:lol:

[Caz1974]

Hi DPick

Hope you're going well with your Littlewoods complaint.

I'm in absolutely the same position ( they wrote saying that they wouldn't pursue the debt etc etc over a year ago ). I've been defaulted on my credit file by them afterwards and by certain DCA's including NDR who are an inhouse collection agency for Littlewoods.

Have you made any progress with this one?

I feel like I'm banging my head against a brick wall!

[dpick]

Hi DPick

Hope you're going well with your Littlewoods complaint.

I'm in absolutely the same position ( they wrote saying that they wouldn't pursue the debt etc etc over a year ago ). I've been defaulted on my credit file by them afterwards and by certain DCA's including NDR who are an inhouse collection agency for Littlewoods.

Have you made any progress with this one?

I feel like I'm banging my head against a brick wall!

 

Hi have written to Littlewoods (copy to NDR) that I would issue proceedings for harassment and damages if they sell on again. So far have not had any response from them or heard from any DCA regarding this. As for the default this one was entered on CRA files before one from another creditor that has an enforceable agreement so it would clear from CRA files before the correct one, so I wont fight it unless Littlewoods sell on again.

 

all the best dpick:)

[dpick]

Hi again well post arrived this morning at 8.10 with letter from Littlewoods

 

Letter with new credit agreement enclosed asking my wife to sign and return before we they can dispatch any further goods to us. E'ER I am in default according to them, They say they are unable to find agreement (never was an agreement) thought they say in writing that they will not pursue debt of £1181.00 they stuck NDR and then iQor on us, I enjoyed chasing both.

 

LITTLEWOODS GET STUFFED do you think we are daft.

 

Well maybe they do even though we have just rubbed their face in it.

 

all the best dpick:)

[dpick]

Hi all spoke to soon checked my wifes CRA file and guess what 2 defaults by Littlewoods on the same account

 

one on 08/10/2007 by

Legal Direct Recs

Credit Control Manager

Littlewoods Finance Company

Aintree Innovation Centre

Park Lane

Bootle

L30 1SL

 

and the other one on 06/01/2008 by

 

Littlewoods Ltd

Aintree Inovation Centre

Park Lane

Netherton

Liverpool

L30 1SL

 

 

online complaint gone off to ICO today.

 

Will see what develops from this then maybe court for this if ICO are US.

 

dpick:mad:

[Caz1974]

Fingers crossed for you DPick I have a feeling you'll be going down the court route with this one the ICO have been quite useless against Littlewoods in the threads I have read lately but it might be worth a try:D

Keep at them!

[dpick]

Complaint also logged with Experian as above with a reminder that they are now not just data processes but are data controllers and as such are now responsible for the data they publish.

 

all the best dpick

[hellhasnofury]

Hello Dpick,

 

It looks like you are attacking them from all angles. Reading around the threads, there are lots of complaints regarding Littlewoods and their appauling breaches of legislation and total disregard for its customers.

 

Have you report them to OFT and Trading Standards, because if they get enough complaints about Littlewoods they will conduct an investigation into their conduct.:grin:

[dpick]

Hello Dpick,

 

It looks like you are attacking them from all angles. Reading around the threads, there are lots of complaints regarding Littlewoods and their appauling breaches of legislation and total disregard for its customers.

 

Have you report them to OFT and Trading Standards, because if they get enough complaints about Littlewoods they will conduct an investigation into their conduct.:grin:

 

Hi reported them to TS at start of this all they said was that Littlewoods had complied with s78 as they issued a blank with info from my wifes account, This was even though they had hand printed our present address on the blank agreement not the address at time of inception of the account. they were a waste of time they did not want to know even when I said that the agreement was mis-representation of fact. OFT were worse they just said that I needed to talk to a debt management company, I could not get through to them that I was complaining about the conduct of the company both with respect to the S78 CCA 1974 my SAR and the repeated phone calls.

 

I am not going to hold my breath for result from ICO or Experian. It's my belief that I will have to go to court, but at least this will provide evidence that I tried to settle this dispute before litigation.

 

all the best dick

[dpick]

Hi all have received the expected garbage initial response from Littlewoods for my complaint to FOS

 

First page.

 

 

Funny they don't state that they sent a letter on 10/08/2007 that they cannot find agreement and would not pursue the debt and that they then placed two defaults on the same account.

the letter on 18/09/2007 was to NDR to say no agreement bugger off.

 

 

Second page.

 

 

 

Second page of garbage the value is £1181 in para 1 and £1151 in para 2 wonder what happened to the £30.

 

No dear the court has no power to decide if the agreement is enforceable please read section 127(3) of the CCA 1974

I told Phoenix to bugger off some time in January and have never heard anything more from them.

 

Subsequently locate the agreement OH THAT HURTS we never signed one dear.

 

Now to the question of defaults (yep two of them)

1, It is my belief that section 87(1) precludes them from issuing a default as no regulated agreement exists.

2, The value of the said defaults are incorrect in that due to the letter that Littlewoods sent to me 10/08/2007 saying they would not pursue the debt, I stopped my claim for the refund of miss-sold PPI, all interest and charges applied to the account so as such the value on the defaults are incorrect.

 

 

I have rung Littlewoods and advised them that I do not agree with their conclusions in that they read section 87(1) of the CCA 1974, also that the value of the defaults are incorrect and they should be removed. I have given them till 5pm to ring back otherwise I will be sending their final response letter to FOS for FOS to consider with my views on the letter.

 

dpick