Shop Direct Finance (Littlewoods/Very etc) Robbing the poor

fermi

djpleasure wrote: »

Haribo, can you tell me more about this, as I may follow suite, explain the £1 cheque and the procedure, where to wriite etc, thanks in advance

Send to Shop Direct (or whatever they are called) with a £1 postal order.

Dear Sir/Madam

Re: Account/Reference Number **********************

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

Yours faithfully

Mr A N Other

They have 12 (+2 for post) working days to provide a copy of an executed agreement.

If they have not complied after the 12 working days, then they are not entitled to enforce the agreement against you until they do so.

If you first took out the account before April 2007, then without a signed agreement they are not entitled to enforce the debt via legal action.

djpleasure

thanks......so i send this off, if it is not enforcable, i can demand they remove interest? also will this blacklist my credit rating?

also does the same apply for studio cards?

needtochange_2

We have an account with Littlewoods who are also my husbands employers and last year became unable to pay the minimum monthly amount along with other debts. On the advice of the CCCS we offered all of our creditors a payment of £1 per month until our situation improved. Some creditors are ok with this some have sold the debt on and Littlewoods have begun to take £60 per month direct from my husbands wage to pay back the debt which, incidentally, is now almost double what it was a year ago due to 'late payment' charges etc being added to the amount owed. We are shocked and upset as the only money we have that doesn't pay a bill or debt is our food money which is now as a result of this down to £90 per month for myself, my husband & our 3 year old. Nightmare!!!

Jesthar

Hi needtochange, and welcome

£60 a month when you are struggling to eat is just not on - Littlewoods are no special needs case, so they can darn well lump it with the rest of your creditors. Speak to your bank and get them to cancel the direct debit, and ask them to block any new setup requests from the same source.

And I don't normally suggest this for accounts with the original creditors, but given the way they have treated you when was this account taken out, and have you made a CCA request? If they can't supply you with a valid copy of your Consumer Credit Agreement withing a given timeframe, then your account will be legallu unenforceable.

Oh, and as a double bonus you should be able to reclaim the charges they have added to your account, as the courts have deemed them unfair.

~Jes

Ames

Jes, they can't speak to the bank because it's coming from his wages before they get paid to him, not sure what can be done about that though.

Jesthar

Ames wrote: »

Jes, they can't speak to the bank because it's coming from his wages before they get paid to him, not sure what can be done about that though.

Hmmm, ta Ames, misread that bit as 'straight from the bank account' and failed to spot the husband working for littlewoods - oops...

Seems unfair, though, that they can do this to him when normally they'd need a broken CCJ arrangement to go that far! :mad:

~Jes

djpleasure

Can anyone confirm something for me, if they do not come back with a signed agreement, which i know they will not, the interest will become unenforcable, meaning we just pay for the goods purchased.

Can they blacklist our credit rating for this? which would effect us in the future with other companies should we need credit.

Ames

Actually, the whole lot becomes unenforcable, not just the interest, but there's the moral angle to look at.

I'm not 100% sure, but I don't think they're supposed to mark your credit file, if they do you can get it removed but it might be a bit of a fight.

djpleasure

I would normally agree with the morally part, but after a steaming conversation today on the phone, the person would not let me speak to a manager, nor a supervisor, I then asked for her name so i could make a complaint, she would not give more than just her first name.

I spurted off about ss.5(2), 3(b),6 and 7 CPUTR, she did not appear to have a clue, but agreed when i said its unenforcable and i could not be taken to court!

The reason initially for todays call......stung for £12 late payment, due 29th, paid 28th by instant transfer, they point blank refuse to remove charge, so I said it would NOT be paid.

In a major recession, they increase interest riddiculously, they hit you with penalties.....this will be there own undoing, its about time some companies started treating their customers fairly, without us, they have no company. Mail order credit.......never again!

djpleasure

apparently, as i initially ordered online, i ticked a box accepting terms and conditions, so there is nothing i can do. i cannot remember as was a few years ago, is there anything else i can do? as this interest rise is killing me financially