Littlewoods....No CCA!!

[hotdog77]

Hi there


Ok!

So i sent Littlewoods a letter for my cca with a £1 cheque and got a letter today that unfortunately they are unable to locate a copy of my executed agreement, but for my information we have enclsoed a copy of the current agreement which applied to this type of account. According to thier records, the account was opened Dec 06, and i agreed to make payments every 28days. in accordance to the terms of the catalogue, statements are also issued every 28 days. WHAT PROFF HAVE THEY GOT THAT I AGREED THIS????

They also wanted to take the opportunity to remind me that payments muct be made every 28 days in order to avoid a default charge and that they regulary share information with other credit referece agencies.

How do i approach them following this letter? Also i have extra care advantage which has been levied from when i opnened the account.

your help, advice and experiences would be much appreciated

Hotdog

[enaid]

Re: Littlewoods....No CCA!!

Can I ask are you having difficulty in paying this debt or are you trying to avoid paying it?
If the 'extra care advantage' is a form of PPI then can you not use that if you are in difficulty paying?
If you did not agree to the extra care advantage or it is of no use to you (by this I mean you can not make a claim on it for any reason) then you must write and ask them to cancel it and ask for a refund.

[wincote]

Re: Littlewoods....No CCA!!

Hi, Re Littlewoods

I am in the proccess of trying to get my PPI premiums back from littlewoods, but they are a tough nut to crack. They added a so called Extra Care Insurance to my account in 2001, I though it was a cumpolsary charge so did not question it. I found out last October that it is a PPI. Has anyone else here found that this PPI was added without consent or a signature.

[natweststaffmember]

Re: Littlewoods....No CCA!!

Likelihood is that the application form is a tick box type of thing. Would that be likely in your case?

[enaid]

Re: Littlewoods....No CCA!!

I think they do this over the phone TBH .

[wincote]

Re: Littlewoods....No CCA!!

Can I ask are you having difficulty in paying this debt or are you trying to avoid paying it?
If the 'extra care advantage' is a form of PPI then can you not use that if you are in difficulty paying?
If you did not agree to the extra care advantage or it is of no use to you (by this I mean you can not make a claim on it for any reason) then you must write and ask them to cancel it and ask for a refund.

Hi,
Thank you for your reply,

I do not have a debt as such with Littlewoods. However I do have a buy now pay later item which is not meant to be paid until July but am paying it off each month to avoid interest charges. I have been a continued platinum customer with them for many years, it is just that when I learned they had put on this insurance to my account without my concent, I was livid and I want it back.
I canceled it in October last year and asked for a refund, but they have denied me this, saying that "Because they were not a member of the resolution service at the time this was applied, I cannot take my case to the FOS. I have recieved a letter today from the FOS SAYING THEY WILL INVESTIGATE for me. Have sent off for my CCA as I know I never signed one also foor my SAR.

[enaid]

Re: Littlewoods....No CCA!!

Good for you and I am pleased the FOS will look at this for you, if they do not come up trumps you can then go the court route if need be.

[wincote]

Re: Littlewoods....No CCA!!

I understand it can take the FOS up to five months before a result, having to wait this long will result in lost charges as I understand you can only claim back for the last 6 years. I have found out from another forum that Littlewoods never defend but wait until you send letter of court action, then they don't acknowledge that until a default letter is sent. Then they pay up and say" as a gesrure of good will, please find enclosed cheque" I guess they wait to see if you give up.
------------------------------- merged -------------------------------

Likelihood is that the application form is a tick box type of thing. Would that be likely in your case?

Hi,
No it is not a tick box thing the catalouge companies just don't send out a Consumer Agreement

[enaid]

Re: Littlewoods....No CCA!!

I do believe and I may be wrong but on this but I think in days gone by and I suppose they have changed your 'agreement' with the catalogue company started as soon as you accepted your first order. Then the T&C's often on the back pages or on your paying slip would come into force.
Anyway good luck wincote there are letters in the PPI forum I think you could adapt to suit your situation, if not give a shout and am sure someone will be more than glad to help.
Enaid x

[wincote]

Re: Littlewoods....No CCA!!

Hi Enaid,

It appears not so. I have followed a case of a lady on another forum, she opened her account with Littlewoods way back in 1999. As Littlewoods could not produce a real time signature on a Consumer Credit Agreement, which by law makes her account none existant and you can deny it's existance. She'd won all her money back just because of this default by Littlewoods. Littlewoods didn't bother to defend themselves, they just paid up after notice of the court hearing date, she got over £800 back in October last year.
Under s77-s78 of the Consumer Credit Act 1974 she applied for a copy of the executed credit agreement. The defendant, Littlewoods, replied to the Claiment stating that no Credit Agreement is held so therfore the alledged debt would not be persued. This is taken from her Particulars of Claim before going to court. She then got her debt wrote off and they paid in full her Extra Care Insurance they had charged her plus interest at 8% plus £65.00 court fee.
Elaine x

[wincote]

Re: Littlewoods....No CCA!!

Hi there


Ok!

So i sent Littlewoods a letter for my cca with a £1 cheque and got a letter today that unfortunately they are unable to locate a copy of my executed agreement, but for my information we have enclsoed a copy of the current agreement which applied to this type of account. According to thier records, the account was opened Dec 06, and i agreed to make payments every 28days. in accordance to the terms of the catalogue, statements are also issued every 28 days. WHAT PROFF HAVE THEY GOT THAT I AGREED THIS????

They also wanted to take the opportunity to remind me that payments muct be made every 28 days in order to avoid a default charge and that they regulary share information with other credit referece agencies.

How do i approach them following this letter? Also i have extra care advantage which has been levied from when i opnened the account.

your help, advice and experiences would be much appreciated

Hotdog

Hi Hotdog,
Is the agreement signed at all? If not don't sign it. If littlewoods cannot provide you with your original true signed Consumer Credit Agreement, you can denie your accounts existance and put the account into dispute, then they can't do anything about it. However if you do that you should be prepared to go down the court route. How long has the extra care been added for and did you recieve any kind of an agreement for the extra care.
Have you sent a complaint to the Financial Ombudsman Service?

wincote x

[wincote]

Re: Littlewoods....No CCA!!

Hi Hotdog,
Is the agreement signed at all? If not don't sign it. If littlewoods cannot provide you with your original true signed Consumer Credit Agreement, you can denie your accounts existance and put the account into dispute, then they can't do anything about it. However if you do that you should be prepared to go down the court route. How long has the extra care been added for and did you recieve any kind of an agreement for the extra care.
Have you sent a complaint to the Financial Ombudsman Service?

wincote x

PS Under the Consumer Credit Agreement 1974 s77-78 if a copy of this executed agreement cannot be found then no alledged debt can be proven and must not be persued by Littlewoods. In accoprdance with the act s61(1)(a) as regards to the signing of consumer credit agreements this has not been complied with so no Agreement has been executed. The non compliance of Littlewoods is their liability in accordance with s172 of the act. Therefore Littlewoods cannot ask a court to enforce any order for any alledged outstanding balance.
Have you written to Littlewoods and asked fot your extra care premiums to be refunded only as you or they have no signed agreement they cannot add any insurance charges to your account with or without your consent.

Regards
wincote

[hotdog77]

Re: Littlewoods....No CCA!!

...............Anyone?

[WendyB]

Re: Littlewoods....No CCA!!

What are you asking? Wincote has provided good info above. Do you want to know anything else?

[hotdog77]

Re: Littlewoods....No CCA!!

Hi there,

I didnt even realise that i had replies to my original post.
1, there is no agreement, and nothing signed by myself to littlewoods
2, Littlewoods sent a letter to confirm that they cannot locate the agreement.

The extra care has been added on the account since i openend it which was November 2006, and i didnt receive any kind of agreement.

I just received a letter dated 12th March as i complained to them & the contents of the letter goes like this:

Further to your letter dated X Feb, pls accept our appologies for any inconvenience this matter may have cused you.

My understanding of your complaint is that you state that as we have not been able to provide you with a signed cca, we are unable to enforce the debt. i can confirm your request has ben forwarded to the relevant departmenet who will contact you under seperate cover.

However, i must make you aware that there is a clear evidence of a credit based relationship between yourself and Shop direct group and by providing your information to us for the ourpose of ordering goods and opening a credit account; you have signified your consent to us processing your information. We outlined how we would use this information in our data protection policy at the time you opend the account. No they didnt but as they have suspended this account, they are acknowledging that the OFT has ruled that it is a creditor's obligation to prove that a debt is owed, rather than a debtor's obligation to show that it is not. It is also the OFT's position that once a debtor queries or complains about a debt, no further enforcement or recovery action can be taken until the query or complaint has been resolved. Funny this is that i have held of from making any payments, and they haven't even tried to chase it up.

As part of the OFT's call for responsibility in lending we and a number of other credit providers have agreed to pool certain types of information about customers 'conduct of thier accounts. this information may be taken into consideration by other providers when they assess an application for credit.

with reference to the Extra care insurance, this is offered over the phone and would therefore not require a signiture. it is not compulsory, and can be cancelled upon request. I know for a fact that it wasnt offered over the phone. but why would they offer this service to people and not send policy info onit??? strange!! ok it can be cancelled upon request, but will they give back all the monies paid for it? how about any charges then?

If you are not happy with our final response, you can refer your complaint to the FOS, but must do so withing 6months. How can i do this if another department is still dealing with my request

All this stiff is really above my head, so could i get some help in how to tackle this. Can I sars them? I'm not very good with face to face controntation, so given that they have no agreement, could i not make them a good will offer for any goods alledgedly purchased from them, however not extend to paying any punitive charges that they have added, less all the extra care insureance ive paid since opening of the account?

Can i SARS them? How should i proceed with this?

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)