littlewoods: only use codes that are sent to you!

losgiganteskid

miketrim wrote: »

Just got a slightly snooty email when I stated my next action would be legal action -


Dear ****,
Thank you for your recent email regarding a £25.00 discount that you obtained in a transaction with Littlewoods.
After speaking to our legal department we find we made our position clear in our previous email and our decision stands. We have nothing further to add on this matter.
Regards,

Looks like I need to pluck up the courage to take this to the small claims court. Does anybody know what the worst would be if we took it that far and lost?

Miketrim - why do you want to take Littlewoods to court ?? - it is you who alledgedly owes THEM money, not the other way round. If LW's believe you owe them money and you don't pay it's up to them to take you to court. You will receive a summons for £25 (+ court costs) and with the documentation you receive a form to confirm one of three options

1) that you admit the debt and will pay

2) that you do not admit the debt for the following reasons....

3) that you have a counterclaim against the Plaintiff (Littlewoods)

Basically, you only take court action in the CC where someone owes you dosh and you can't get it from them. So all you need to do is sit tight and see what Littlewoods do - if anything.

happy2bhere

Has anybody been asked for the money after they closed their account? I opened a credit account when buying items and in process of closing account down. Do you think i've got away with it if they don't request it before the account is closed?

miketrim

losgiganteskid wrote: »

Miketrim - why do you want to take Littlewoods to court ?? - it is you who alledgedly owes THEM money, not the other way round. If LW's believe you owe them money and you don't pay it's up to them to take you to court. You will receive a summons for £25 (+ court costs) and with the documentation you receive a form to confirm one of three options

1) that you admit the debt and will pay

2) that you do not admit the debt for the following reasons....

3) that you have a counterclaim against the Plaintiff (Littlewoods)

Basically, you only take court action in the CC where someone owes you dosh and you can't get it from them. So all you need to do is sit tight and see what Littlewoods do - if anything.

because I pay my Littlewoods account by direct debit they already have my £25, so i need to claim it back.

losgiganteskid

miketrim wrote: »

because I pay my Littlewoods account by direct debit they already have my £25, so i need to claim it back.

OK - if they have your £25 go for it then ! - good luck

deary65

miketrim wrote: »

Just got a slightly snooty email when I stated my next action would be legal action -


Dear ****,
Thank you for your recent email regarding a £25.00 discount that you obtained in a transaction with Littlewoods.
After speaking to our legal department we find we made our position clear in our previous email and our decision stands. We have nothing further to add on this matter.
Regards,

Looks like I need to pluck up the courage to take this to the small claims court. Does anybody know what the worst would be if we took it that far and lost?

Thank you for your email.
I have the follow comments,


As I have explained in a previous email, The voucher code has been legally validated and incorporated in to the contract executed and completed on dispatch and delivery of the goods.
Your attempt to re-validate the voucher code would amount to the formulation of a new contract for which there has been no consideration and i can assure you the courts will not entertain such dealings.


It would be in everyone's interest if you were to “reword” the validation process of codes at check out.
Thereby causing less confusion and bad faith between your good selves and customers, whereby continuing the very good service and excellent value you offer your customers.


I look forward to your expeditious resolution of the above several matters.
Yours


Legal definition of validate:

To confirm; to render valid; to give legal force to. make valid or confirm the validity of; "validate a ticket or voucher" prove valid; show or confirm the validity of something give evidence for declare or make legally valid.

losgiganteskid

deary65 wrote: »

..... whereby continuing the very good service and excellent value you offer your customers.
Yours

I would have found that a very difficult sentence to type !!

Xeni

Been following this with interest, as I'm in the same boat as many of you, 'owing' Littlewoods £25 from a two month old completed transaction.

I sent them a letter via email* citing clause 2.2 (that the contract is formed on dispatch of goods), the Distance Selling regs (I cannot truly have a 'cooling-off' period to decide about my goods when I am unaware of their 'real' cost), and the fact that I suddenly seem to have a credit account with them (although it has a zero credit limit, it looks like a credit account statement, and even has statement #3 written on it, even though I've not received #1 and #2!). I got the bland form reply that others have posted, addressing none of my points.

They did however suggest I contact my local Trading Standards (Gloucestershire). I can't say I'm hugely impressed with their reply, they've not really addressed all my points either, but here it is:

"On making the purchase, you entered into a contract with Littlewoods. If you have agreed a term allowing Littlewoods to reverse the discount in certain circumstances, this will be a term of the contract unless it is made unfair by the Unfair Terms in Consumer Contracts Regulations 1999.
The Regulations deem a contract term unfair, and therefore void if the term, contrary to the requirement of good faith, causes a significant imbalance in the parties’ rights and obligations arising under the contract to the detriment of the consumer.

If you do not come to an agreement as to whether the charge is enforceable under the contract, Littlewoods’ last option would be to issue a court claim against you. It will then be for Littlewoods to show that the term is not unfair. It will be for the judge to decide whether or not this is the case.

If you believe the term is unfair, and in order to attempt to avoid the need to have the issue resolved in court, I would suggest a letter to Littlewoods explaining the above."

Now, I DO believe their USE of the contract term is unfair - they are using it to mean that they can change their minds two months down the line. I can't - unless they would really like two nighties and two pairs of kids' jogging bottoms back.

So my thought now is to write again, explaining that I believe the contract term to be unfair, or rather their interpretation and use of it. Does that sound like the way to go? I'm not sure that as I don't REALLY have a credit account with them whether they can charge me for late payment ... I guess I will find out soon enough.

I'm currently determined not to roll over and pay - it's only £25, and I'm very worried about ending up with bad credit or even in court, but the fact that they are descending to intimidation to get this money makes me MORE determined.



* they sent two replies, which I assumed was because I'd sent the letter by email AND snail mail, until I found the snail mail copy in my daughter's pushchair! So I guess they're just incompetent.

shere1

Don't rely too heavily on what TS tell you. SOME of their staff do not know their !!!!! from their elbow let alone anything about contract law.

Joto_2

I can't believe Littlewoods can get away with this. I've mentioed this on other occasions but, if you have taken out the free legal advice when you took out House/building/Car insurance, it usually has a number where you can telephone for free legal advice on any issue not just related to the policy. I've used this advice on many occasions in the past from fence disputes to travel cancellations. Hope it helps. I've used lots of codes in the past, but always paid with switch or credit card, so far I haven't had a problem.

IFA

sent email to littlewoods ceo/legal team as suggested earlier in thread and received letter this morning refusing to back down and I have to pay the £25...

Any more suggestions, should I write a letter (emails don't appear to be as effective)..

Frankly I feel this will be the end of Littlewoods if they don't sort this out asap.. Also I agree the call centre staff are rude and unhelpful (another negative for nose diving company)