HI

I am currently trying to claim against Debenhams (Now Santander) on a store card i took out in 1998 with Debenhams.

I have written and confirmed i beleive it was mis-sold as i had adequate cover from work,

and it had not also been exlained that i could purchase the cover elsewhere independantly if needed.

I have had their final response which was a no,

you signed thefore you were aware and could have cancelled at any time.

As this card was taken out so long ago my referral rights were for Finance & Leasing which i have done and they have also come back to confirm the decision is still a no

and sorry they can't help me.

I am thinking that my only option now is to persue through court??

Can anyone help point me in the right direction

i am now also behind with payments and being hassled by Lewis Debt Recovery.

Do i point out to them that this account is in fact in dispute??

Any help would be great, thanks

Hi Katie

Welcome to CAG

Court or fos, either one.

Personally I would go to court as it will be quicker.

Do you have ALL of your statements?

If you can answer that we can guide you through the process.

ims

Hi IMS, thanks for your reply. I have most, however when the SAR reply came back there is a years missing from Feb 03 to Jan 04 where i estimated the PPi costs based on previous costs.

Hi IMS, thanks for your reply. I have most, however when the SAR reply came back there is a years missing from Feb 03 to Jan 04 where i estimated the PPi costs based on previous costs.

Hi

So you have an incomplete SAR then. They are in breach of the Data Protection Act for that.

Two choices on that one....

1 Write to them and point out that they have not fully complied and are in breach and give them 7 days to provide the information. You can then take them to court and force them to comply.

2 Stick with your estimate and base your claim on that.

My view is option 1 but that's because I like things to be clear.

Have you prepared a spreadsheet of your claim including the interest that they would have charged you?

ims

Hi ims,

Having just checked again, the account started in Oct 1998, however the first statement they have sent is from Nov 2001 so there are also 3 years from when the account opened missing. I will do as you suggest and refer back to the DPA breach. The SAR was completed back in 2006 as i also claimed unfair late payment fees back at the time. Does it matter that my original SAR was so far back. I didn't realise when the account was opened until i did a CCA request in 2009 for a copy of the signed agreement. Should i CCA Lewis & Co in the mean time?? I have done a spreadsheet but a basic one as this is not my greatest skill!. I was just claiming back the premiums plus interest at 29.9% Apr as that was my interest rate??

Thanks

Hi ims,

 

Having just checked again, the account started in Oct 1998, however the first statement they have sent is from Nov 2001 so there are also 3 years from when the account opened missing. I will do as you suggest and refer back to the DPA breach. The SAR was completed back in 2006 as i also claimed unfair late payment fees back at the time. Does it matter that my original SAR was so far back. I didn't realise when the account was opened until i did a CCA request in 2009 for a copy of the signed agreement. Should i CCA Lewis & Co in the mean time?? I have done a spreadsheet but a basic one as this is not my greatest skill!. I was just claiming back the premiums plus interest at 29.9% Apr as that was my interest rate??

 

Thanks

Ah....SAR not recent then!

How long ago were you're final decision letters?

To be honest, what I would do is start afresh with a new SAR. You'll find a template in the library. Link to library is at the top of any CAG page. Make sure the wording is complete as to everything you want. Bear in mind you might not get actual copy statements but you should receive a full transaction history which is as good as.

When you get the information back, we can help you put a spreadsheet and claim together.

What is the position with Lewis? Can we have the full picture on this please?

ims

No, not a recent one!, will re do the SAR again and see what gets sent this time.

Just a final point what do i do with Lewis & Co for the time being?

Thanks

No, not a recent one!, will re do the SAR again and see what gets sent this time.

 

Just a final point what do i do with Lewis & Co for the time being?

 

Thanks

Can you give some info as to the Lewis bit...how long have they been pestering you, in what manner, how frequently.

Thanks

ims

Lewis sent a final demand 20 May requesting full payment. As usual such final important mail was sent business class which personally i feel is very inappropriate given the tone of the demand. I have then received a 'post card' last week sent second class asking me to telephone. They may have been ringing our land line, however phone broke so we don't know if anyone is ringing. Sattander's final decision letter on the complaint was 27 Jan 2011, and the response from FLA was 10 May 2011.

Thanks

Hi

OK, so get the new sar off.

Personally I would ignore Lewis. If they call, do not answer their security questions, state "In writing only" and hang up.

Any chance you can post up their latest letter (MINUS ANY PERSONAL INFORMATION) in PDF format?

When was the last time you made a payment or acknowledged the debt?

Sorry for all the questions....just need to get a clear picture

ims

Hi

I've not made any payment to lewis as they have only just started writing. Here is their doument, i don't know how to transfer it to PDF but hope this is readable??

Thanks

scan0003.zip

Hi there

Image is too small....can you do it like this please?

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

ims

Hi

Right, try this, i'm also learing about how to use the PC today so again thanks. Hope this works??

Thanks

scan0003.zip

Hi

Excellent.

As I thought...the letter is full of "May", "Might", "If", "Could".

Forget Lewis and ignore them

ims

Hi,

Thanks for the reply, will get my new SAR sent asap and will let you know when and what comes back.

Right new SAR done and ready to send recorded deliery. Thanks for the help....

Ring the FOS - I did and got a favourable response - they will go to the underwriter for the insurance. I am just in the process of getting the info for them.

GS

Thanks, may be give them a try also then to see what they can do.

Hi

Have today received a court threat letter from Howard Cohern, i will post it up later. Is it worth writing back and confirming the account is currently in dispute?

Hi

 

Have today received a court threat letter from Howard Cohern, i will post it up later. Is it worth writing back and confirming the account is currently in dispute?

well, if it gets that far then you have at least two defences at the moment

1 Breaches of Data Protection Act which prevents you from validating the balance due

2 A counterclaim or the stuff you wish to reclaim but can't because of the failure under the DPA

Any chance you can post the Cohen letter as a PDF minus, of course, the personal information?

ims

Ooops...just realised you had already said you were going to post it up

soz

Hi

I'm back, had a very busy few days and work so not had time to sort. I've attached the letter from Howard Cohern which again for such important threats was sent second class!!. A couple of questions, 1. do i still re do the SAR and 2. do i reply to this letter???, if so what should my response be, i've not seen any transfer of documentation to Lewis & Co or Howard Cohern?

Many Thanks:-)

Hopefully the attachment is now correct??

HC first letter P1.pdf

I've unapproved the attachments in post #22 as your name is visible. Can you edit them and upload again?

Hi Kate

Sorry, had to report your attachments as your name was showing. Don't worry, your secret is safe with me.

I would initially write back to Cohen saying that you have ther letter and that any court action they wish to initiate will be vigorously defended in view of the fact that the account is in Severe Dispute due to non-compliance with the Data Protection Act and other counterclaims. Suggest that they may like to pass this back to their client to avoid their embarassment in court.

Others may have a view on this as well

ims

Hi

I've re attached the letter to Post #22, hopefully this is now right?

Thanks