Thread: CCA for Debs card shows No PP but they've been taking it for 13 years

Been asked to start my own thread, thanks for the advice.

Just got the details of my wife's account back for her Debenhams Card. I assume I must be missing something here because I can't believe what they sent back.
A photocopy of the credit agreement from 1995 signed by my wife.......wit for it. On which it clearly shows a tick against the I do not require Payment Protection. It's as clear as the nose on your face. So now I'm totally lost. As mentioned I'm looking to reclaim this Payment Protection so why would they send me a photocopy of a document that in effect says we've been taking it for 13 years anyway. Am I missing something or have they made a bit of a !!!! up in sending her this info.

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Originally Posted by adamski

You need to send a letter to i guess it would be GE Money
Stating all of this with a copy of the agreement sent to you and ask for a refund.
I am confident of some sucess here.
Good luck

Many thanks Adamski. Problem would appear to be that they are not as forthcoming in supplyin the requested statements so I haven't got a clue how much she has paid. Did dig out a statement from pre 2006 which showed they were taking it before GE Money took them over. Would imagine this should run into a couple of grand so I'll definitely pursue it.

Me again sorry!
Can anyone let me know what type of letter I should be writing to this lot and which department I should send it to?

GE Money are getting me confused now. They've eventually sent me back copies of the wifes charges, or in perfect GE Money terms 'some of them' with details of why they couldn't send the rest. Retrieval system not working properly, as if that's my problem.
They again enclosed a copy of the CCA clearly indicating that Payment Protection was not required, yet on a seperate sheet detailing all data held it states Premium Protection at 1.5% from 2003. Did a quick check and on the couple of years from 06 statements they'd charged the wife over £700. Now I know for a fact that they were taking this money before 2006 as there where a couple of pre 06 statements included showing the charge.
What do I do?
Do I demand they show me all her statements, surely they should do? Or do I write to them calculating what they probably owe her and ask for that.
I really think they have cocked up here because if I went to the FSO I'm sure they'd probably get fined again as their dealings on this one are downright dishonest.

Sorry for the long rant.

Thanks Alan, unfortunately though the stuff I have received is as a result of a SAR. We paid the tenner and this is what they sent us. If I send another tenner they'll just send me the same stuff. They I feel are responsible for the safe retention of customers data and they are admitting they can't even do that.

I'm tempted to give them three options, please anyone let me know if this is unreasonable.

Option 1 - I work out pro rata what I think they may owe from the statements they've sent together with the missing ones over 13 years.

Option 2 - As Alanalan says I tell them to dig out the rest of the statements and ask them to let me know what they are prepared to offer.

Option 3 - I go to the Ombudsman and tell him that GE Money have for years been taking money off my wife for something they have willingly acknowledged she did'nt ask for.

Option 1 would obviously be the best result for us and is therefore unlikely to happen.

Option 2 puts the ball firmly in their court.

Option 3 I would imagine could possibly lead to a fine as well as a pay off but then again what do I know.

In summary what really riles me is the fact that they will have no doubt tried this on with many customers and in my eyes it is quite simply theft. I say option 1 is the best result for us but is it? This would mean that they can have a go at perpertrating this theft in the knowledge that, should they get found out, they simply have to pay the money back giving them in effect a no lose [problem]. Sorry if I'm seeing this a little too black and white for everyone but as far as I'm concerned this is what it comes down to and I think they should be held responsible for their illegal actions.

I personally would just send a letter asking for your PPI back and your reasons why and see what they say they fully reapid me on a store card and gave me 8% interest and a loss of cash payment.
I would include in your letter a copy of the document that states that no PPi was needed as they will just ask you for documentary evidence once they have this I am sure they will payout, I do not doubt their honestly they really have too much to lose to try and rip you off as it were.

One thing I do find strange and I am sure there is a perfectly good explaination is how can they work out what they have charged you when there are missing statements!

Originally Posted by adamski

I personally would just send a letter asking for your PPI back and your reasons why and see what they say they fully reapid me on a store card and gave me 8% interest and a loss of cash payment.
I would include in your letter a copy of the document that states that no PPi was needed as they will just ask you for documentary evidence once they have this I am sure they will payout, I do not doubt their honestly they really have too much to lose to try and rip you off as it were.

One thing I do find strange and I am sure there is a perfectly good explaination is how can they work out what they have charged you when there are missing statements!

Thanks Adamski.
The fact that they don't have the statements at their disposal worries me too. Without these they can only guess as to what they have charged. With regards to you not doubting their honesty I'm not sure I can agree. Do you think it's just an oversight on their behalf and my wife is the only one being charged when she has indicated she didn't require ppi? To be honest as they sent out the CCA again with all the statements a simple check of the CCA against the Data held would have displayed this glaring error. Fair enough if this is a one off, but what if they've done this to many customers, should this be the case then I think they should have their nuckles rapped as it's simply not good enough.

I'm sending them this in hope of getting a result.

Firstly may I thank you for your swift response in providing both the SAR and CCA documents I requested in April.
Unfortunately these documents have, as I suspected, brought to light a glaring error on the account.
In April I asked for a copy of the CCA for the account and subsequently sent in a SAR for the account. I received two copies of the CCA one as a result of the original request and one forming part of the documentation returned as a result of the SAR request.
The documentation states that Premium Protection at 1.5% is applicable to the account, this is not, and should never have been the case. The CCA from 1996 clearly shows that the box for ‘I do not need Payment Protection’ has been ticked.
I appreciate that GE Money procured the account at a later date and therefore does have some mitigating circumstances in the fact that the error had already taken place.
The question know is, where do we go from here?
In simple terms I have been charged a large amount of money over a period of over 13 years for a service I clearly indicated I didn’t require. Had the account still been with the original group I’m sure a resolution would have been fairly simple as all records would have been available in order to reach an agreeable settlement. Unfortunately this isn’t the case and you have already informed me of your inability to provide copies of all statements since GE money took over the account, let alone the pre GE statements.
I have little knowledge of the legalities here, but in simple terms if a person indicates they don’t require a service then they should not be billed for it. I appreciate that I could get this matter resolved by the fos, but to be honest I see little point in getting them involved in what is as I see it, a clear cut case. The result would no doubt be a drawn out case and possibly a fine being levied by the FOS, neither of which would benefit myself in any way.
In summary, I am quite prepared to accept this situation has arisen as some form of clerical error and, should an agreeable settlement be agreed, am prepared to accept and bring the matter to a close. I do have concerns as to how a final figure will be reached without the statements required being available, but I will just have to leave that with you.
Finally to reiterate, with the large amount of money that is obviously involved here I would appreciate that the matter can be dealt with both swiftly and amicably.

hello chipbeck,

Firstly may I thank you for your swift response in providing both the S.A.R - (Subject access request) and CCA documents I requested in April.
Unfortunately these documents have, as I suspected, brought to light a glaring error on the account.
In April I asked for a copy of the CCA for the account and subsequently sent in a S.A.R - (Subject access request) for the account. I received two copies of the CCA one as a result of the original request and one forming part of the documentation returned as a result of the SAR request. (request not needed)
The documentation states that Premium Protection at 1.5% is applicable to the account, this is not, and should never have been the case. The CCA from 1996 clearly shows that the box for ‘I do not need Payment Protection’ has been ticked.
I appreciate that GE Money procured the account at a later date and therefore does have some mitigating circumstances in the fact that the error had already taken place.
The question know (now) is, where do we go from here?
In simple terms I have been charged a large amount of money over a period of over 13 years for a service I clearly indicated I didn’t require. Had the account still been with the original group I’m sure a resolution would have been fairly simple as all records would have been available in order to reach an agreeable settlement. Unfortunately this isn’t the case and you have already informed me of your inability to provide copies of all statements since GE money took over the account, let alone the pre GE statements.
I have little knowledge of the legalities here, but in simple terms if a person indicates they don’t require a service then they should not be billed for it. I appreciate that I could get this matter resolved by the fos, but to be honest I see little point in getting them involved in what is, as I see it, a clear cut case. The result would no doubt be a drawn out case and possibly a fine being levied by the FOS, neither of which would benefit myself in any way.
In summary, I am quite prepared to accept this situation has arisen as some form of clerical error and, should an agreeable (maybe use amicable to prevent repetition of agree) settlement be agreed, am ( I would be )prepared to accept and bring the matter to a close. I do have concerns as to how a final figure will be reached without the statements required being available, but I will just have to leave that with you.
Finally to reiterate, with the large amount of money that is obviously involved here I would appreciate that the matter can be dealt with both swiftly and amicably.

You are obviously initially going down the keep things friendly approach. I have included a couple of tweaks which I hope meet with your approval.

Good luck

Hopefully other CAGers will offer advice too.

aa

Cheers can't thank you via the scales!

Wifes upset now.
Got a reply from GE saying that she arranged cover over the phone in 2000. Complete crap but as expected. To add insult to injury the letter added that in 2005 they wrote to her advising her of an increase in the premium and as she didn't reply they did it anyway.

In summary it would appear that these people can do whatever they want and it makes me livid. I'm sure they are under no obligation to present a recording of these telephone conversations as their word is law.
Funnily enough they sent a copy of all the notes on the account but there is no mention of any of the transactions taking place on which their defence depends.
Can I take legal action against these people as they are quite simply thieves.

Anyone help?

Hi Chipbeck,
I'm in the same position as you. Got a copy of original CCA with the No boxed tick. This was in Feb.2002. Sent my claim off and they replied that I had taken it out over the phone on 14th August 2008 (note the date!!!)
I understand from other postings that we are entitled to a transcript o f phone calls.
I've my own thread "Lloyds Bank - have I clobbered them".
So shall request advice on how to word a letter asking for this transcript
regards
Mummybird.

This one should make you all laugh.
Sent the letter yesterday asking them to send me a copy of the alleged telephone request for cover will await their reply.
Now the strange bit, the wife got a phonecall last night asking if she would like protection cover on her Debenhams card. You don't think these sly devils would try to get a tape of my misses saying she wanted protection and then in effect backdating the phonecall. Wouldn't put it past them.