My daughter/Littlewoods/Iqor - ** SETTLED **

[scottishlass]

Brief History

This has been passed around a bit
LDC Debt Enforcement
Legal Direct Recoveries Ltd
Moorcroft Debt Recovery
Midas Legal Services
Debt Managers
Russel + Aitken
Call Serve
IQOR

Sent SAR to Littlewoods 26th July 2007

CCA to IQOR 26th July 2007

Received letter from IQOR 31st July 2007 they had requested the documents from Littlewoods

Received Letter from Littlewoods re SAR they required more information before they could send any data requested

Sent letter 13th August to Littlewoods asking them to be more specific about the further information,and that all contact had to be in writing enclosing a letter from the bank with proof of address.

IQOR 13th Sept 2007 because Littlewoods had not provided the credit agreement they closed the account and put the file back to Littlewoods.

Another two letter received from Littlewoods asking my daughter to call them

Reported them to Information Commisioner received letter from them 10th October Littlewood had failed to comply with the request and they would write to them

Finally got a huge wad of paperwork,which was very hard to decipher,but managed eventually

Sent Prelim letter today asking for the charges that have been added to this account of £130.00

[Amethyst]

Re: My daughter/Littlewoods/Iqor

Did the huge wad of paperwork include the signed agreement ?

[scottishlass]

Re: My daughter/Littlewoods/Iqor

No, no sign of that.

[scottishlass]

Re: My daughter/Littlewoods/Iqor

Received reply from Littlewoods,their charges are fair no refund.

well we will see not finished with this yet

[Amethyst]

Re: My daughter/Littlewoods/Iqor

so no CCA and charges so that puts you in a good position.

I spotted a letter which might be helpful to you.

[Amethyst]

Re: My daughter/Littlewoods/Iqor

This was written by pt2357 over on CAG.


See if you can amend it - it might help you. They havent confirmed they don't have a copy they just havent sent it so need to amend that a bit. Depends what you are after acheiving really.

Dear Sirs,


Account no xxxxxxxxxxxxxx
ACCOUNT IN DISPUTE


Re: my request under the Consumer Credit Act 1974



Thank you for your letter dated **********, the contents of which are noted

You attention is drawn to the fact that this account is subject to a serious dispute.

On xx/xx/2007 I requested ********supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78

Since you have confirmed that you do not have a copy of the credit agreement, I am sure you will be aware that as this account stands, it is rendered unenforceable. As a result I am within my rights to cease payment, however as a gesture of good will I am prepared to make the following offer on the following conditions

I am prepared to pay for the goods, however this does not extend to paying any interest or charges that you have added.

Therefore I am prepared to pay xx per month on the provision that you remove all interest from the account and also remove all admin charges

Should you refuse I shall without further notice cease payments on this account, as you are not entitled to any interest or to add admin charges where there is no credit agreement

I would like to point out that under S127 (3) of the consumer credit act 1974

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). Therefore NO SIGNED AGREEMENT = NO PROSPECT OF ENFORCEMENT

I would expect you to confirm acceptance of this offer within 14 days. If I do not hear from you within this time frame I will consider that you have rejected this generous offer and it will be permanently withdrawn

Given that you have no prospect of enforcing this agreement, It would be a very good idea to accept my offer

Further more, since I have never signed a credit agreement, nor have I ever been made aware of your data usage policy or consented to you sharing my data with third parties I am putting you on notice that any attempts to share my data with a Credit reference agency will result in a complaint to the Information Commissioners Office and the possibility of litigation being brought against your company for breaching the Data Protection Act 1998






I trust this out lines the situation

Regards

[scottishlass]

Re: My daughter/Littlewoods/Iqor

Hi Amethyst,

If I remember correctly the balance of the account is all charges will check later,still having problems here at the moment with heating and seems to be taking up all my time just now.

Will be back on later and have a better read of letter etc.

Thanks for the help

[scottishlass]

Re: My daughter/Littlewoods/Iqor

Okay have had a look and the balance stands at £160.00 and the charges come to £130.00 8% interest at 31.62.

so after reading the above letter if I offered to pay the (now this is the bit I am sticking on) would it be £30 or can I add on the 8% interest.

my feeling on this at the moment are send them £30 and be done with it,but having read numerous threads on these guys they will still chase for payment and keep passing it around,even though it is unenforceable as no CCA.

Anybody have any more thoughts on this,please share them with me.

[Amethyst]

Re: My daughter/Littlewoods/Iqor

Well........you really just want it off your back so you dont have to worry about it anymore.

Thank you for your letter dated **********, the contents of which are noted.

You attention is drawn to the fact that this account is subject to a serious dispute.

On xx/xx/2007 I requested ********supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78

Since none has been supplied, I am sure you will be aware that as this account stands, it is rendered unenforceable. As a result I am within my rights to cease payment, however as a gesture of good will I am prepared to make an offer on the following conditions;

I am, as a goodwill gesture, prepared to pay for any goods alledgedly purchased from you, however this does not extend to paying any punitive charges that you have added.

The alledged balance on this account is £160.00, of which £130.00 are unlawful penalty charges. Therefore I am prepared to pay a lump sum of £30.00 to yourselves on the provision that this clears the account absolutely and finally.


I would like to point out that under S127 (3) of the consumer credit act 1974

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). Therefore NO SIGNED AGREEMENT = NO PROSPECT OF ENFORCEMENT

I would expect you to confirm acceptance of this offer within 14 days. If I do not hear from you within this time frame I will consider that you have rejected this generous offer and it will be permanently withdrawn, and I will continue with my claim in the courts.

Given that you have no prospect of enforcing this agreement, It would be a very good idea to accept my offer

Further more, since I have never signed a credit agreement, nor have I ever been made aware of your data usage policy or consented to you sharing my data with third parties I am putting you on notice that any attempts to share my data with a Credit reference agency will result in a FURTHER complaint to the Information Commissioners Office and the possibility of litigation being brought against your company for breaching the Data Protection Act 1998.

What do you think ?

[scottishlass]

Re: My daughter/Littlewoods/Iqor

Excellent Amethyst

That should do the trick,mind you saying that they are quite stubborn have been reading PT2357's thread well just got to page 5 still a long way to go

I will get that typed up ready for posting.

[scottishlass]

Re: My daughter/Littlewoods/Iqor

Letter done and ready to post first thing tomorrow

[Amethyst]

Re: My daughter/Littlewoods/Iqor

Hope it helps hunny xx

[scottishlass]

Re: My daughter/Littlewoods/Iqor

will keep you posted your help was much appreciated

[scottishlass]

Re: My daughter/Littlewoods/Iqor

Okay update,

They will accept the £33 as full and final and will once payment is sent and processed will credit the account with the admin charges.

They still say they have the right to process information to Credit Reference agencies,even though they have no signed agreement. I know others have had a battle regarding this.

So that is another one down,on to the next

[enaid]

Re: My daughter/Littlewoods/Iqor

Nice one SL your getting there