Littlewoods....No CCA!!

[WendyB]

Re: Littlewoods....No CCA!!

since the Carey case the fact that they cannot produce the original ir redundant, really, sorry I can't find a link to it but if you search the forum you'll probably find it. Also you need to remember that lack of CCA can only be used as a defence, not basis for a claim. ie you would have to waitr for them to take you to court and defend on the lack of CCA, rather than make a claim of uneforceability.

I believe that Littleowoods are fairly easy to get charges back from, so I would suggest sending SAR to find out what the charges are, then doing prelim and lba.

With regards to PPI, if you beleve it was mis-sold you would probably have a case to get it back, have a look in the PPi forum for how to go about this.

[MIKE770]

Re: Littlewoods....No CCA!!

Suggest you go top of page to SEARCH, then type in carey v HSBC then a list of subjects appear, scholl down to Carey mentioned that give you an idea.

[LuggerBugs]

Re: Littlewoods....No CCA!!

Personally speaking, what I'd do in the absence of any agreement (and with 99.9% of catalogue companies, there never IS an agreement to start off with) is to write and tell them that as a gesture of goodwill, you are prepared to pay the value of the goods, but nothing else whatsoever. No charges, no interest.

Failure to accept those terms will mean you ceasing payment altogether, as you are not obliged to do so, nor do they have any right to continue collection, since no agreement has ever existed.

I've gone one further with a friend's account, and since a calculation shows she has actually overpaid, I've demanded a cheque for nearly £700 within 14 days for the overpayment.

[hotdog77]

Re: Littlewoods....No CCA!!

Hi All,

Just an update really! I'm awaiting all info from SARS then i'll take things further. I think I'm going to take Luggergugs advice, as this is on the lines of what i want to suggest to Littlewoods.

Will keep you all posted

[insomniac]

Re: Littlewoods....No CCA!!

Of the top of my head, isnt it the case that if any PPI was sneaked into the agreement any 'check box' presumably would have to accompanied by a signature which is a different one from the main signature for the credit itself?

Without a copy of the contract I guess its hard to tell what signatures are present but it may be worth preparing for just incase it suddenly turns up.

[maria]

Re: Littlewoods....No CCA!!

Hi there,

I have a similar problem. Littlewoods have no agreement and sent me exactly the same letter as the one on top of thread.
My subsequent responses resulted in "dead wall" and answers which varied from confirmation that I don`t owe anything to thank you for your letter kind of thing.

My problem in particular is that I am trying to wipe an arrangement to pay from my credit file.
As a brand new foreigner 7 years ago I took up a catalogue and with no documentation and no letters I sometimes paid less than they wanted me to.
I know now that it was wrong but back then had no clue about credit file.
I closed the account in 2006 (everything was paid off) which means two more years of this in my otherwise perfect credit record.
No letter to say that arrangement to pay will have serious consequences was ever sent to me.

Legal eagles, what is my next move? Do I go to court to try and enforce this? Or is it Information commisioner office?

Hotdog, please keep us posted, I am curious what response you get.

Maria

[theGobbyOne]

Re: Littlewoods....No CCA!!

hey guys
I also have a problem with littlewoods.They cannot provide my CCA BUT are continuing to levy charges for late payments etc etc of 2x £12 a month.......Can they do this???
I was thinknig of asking for a complete breakdown off ALL goods interest etc etc and then tell them I will pay for goods but NOT charges or interest They have also passed my account to their 'inhouse' collections dept despite not having a valid CCA.............Can anyone advise me please???

[MIKE770]

Re: Littlewoods....No CCA!!

hey guys
I also have a problem with littlewoods.They cannot provide my CCA BUT are continuing to levy charges for late payments etc etc of 2x £12 a month.......Can they do this???
I was thinknig of asking for a complete breakdown off ALL goods interest etc etc and then tell them I will pay for goods but NOT charges or interest They have also passed my account to their 'inhouse' collections dept despite not having a valid CCA.............Can anyone advise me please???

Have you sent account in dispute letter to them??? just a thought can get from Curly!s templates.

[hotdog77]

Re: Littlewoods....No CCA!!

hi Guys,

so i wrote to Littlewoods with soem schpill, calculated how much of that insurance id been paying and worte to say that after deduction the total of the insurance paid, im willing as a good will off to pay £200.00 to clear the account. I heard nothing for a few weeks, then wrote back again with that same letter and only last week i receive a letter stating the following:

thier letter is dated 14th July 2010

Thank you for your letter dated 13th July conceringin payment protection insurance applied to your account. Please accept our appologies that you have found it necessary to complain.

In the interests of providing possible servise to our customers, all complaints are taken very seriously and will contact you once a full investigation of your concerns has been made.

in the meantime, to assist our investigation, please complete the enclseod questionair and retun it to us within 14 days from the date of this letter, remembering to quote the account number shown above. should you have any questions about this form, please do not hesitate to contact us.

if after we have investigated your complaint, you are still unhappy and you feel the matter has not been resolved to your satisfaction you can refer your complaint to the FOS.....blach....blah................

the 1st few question go as follows:

When did you take out the payment protection?...well.......I didnt
How was the insurance sold to you?......Well.......it wasnt......just applied to the account......how do you pay for the insurance?

its absolute BS, they dont have a cca for me, but want to ask me questions about ppi thats being applied to the account, if they dont know then whuy should i give them the info.

any take on how i should proceed?

[hotdog77]

Re: Littlewoods....No CCA!!

???????????

[hotdog77]

Re: Littlewoods....No CCA!!

hi all,

just an update for your records.

Yesterday evening i received a letter from Littlewoods confirming that they will not accept my good will gesture of £200 as full and final settlement, however as they are unable to locate the original signed agreement, they will not pursuing the outstanding balance of nearly £1300.Whoa what a result. The joke is that i have a very account and know for a fact that i have no cca on it. What a result

[Amethyst]

Re: Littlewoods....No CCA!!

Well done that's good news. Do you know whats happening with your credit file on this ? Does seem odd they have refused the £200 tbh.

[WendyB]

Re: Littlewoods....No CCA!!

Well done, I think. But I thought the original was about PPI, not the whole debt. Enaid asked as question in post#2 which I can't see an answer to on the thread..

[pt2537]

Re: Littlewoods....No CCA!!

time to dispell a myth

Carey v. HSBC bank Plc

Yes the creditor can reconstitute the agreement, but the point missed by many was that Emma Carey did not it seems make a positive assertion as to what she did sign.

This is important in my opinion, as if i never signed an agreement then the burden rests on the other party to prove i did, now if we look at Next Directory, there was a bbc expose that confirmed Next failed to get people to sign agreements, id suggest that is helpful as it shows that these companies forget sometimes.

Also, if they have records as to when the account was opened then they would surely have records showing when the agreement was returned if of course you signed one

Carey only causes problems imho when you cant remember if you did or did not sign an agreement, where you can say "I never signed an agreement" then that is a different proposition from Carey

[Shepherdess]

Re: Littlewoods....No CCA!!

I have personal experience of Next, as above.
I ordered an item online, as a one off purchase, so I thought..it arrived with a huge catalogue, and a statement with a credit limit of £1000 ! Nothing was ever signed on or offline. Incredible.