Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Reclaim charges.


andyep
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2070 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all ,

Been reading the forums for a while now ,

just about to try and reclaim better halfs catalogue and store cards charges.

 

I believe the route to go is SAR each catalogue and store card.

 

 

It seems over the years she has had two old Littlewood accounts and one current one and a current Very account ,

 

 

she phoned shop direct earlier this week to verify account numbers and to check address for correspondence

they gave her a Chelmsford address which seems to contradict other addresses I have found whilst browsing these forums

those being the innovation centre park lane netherton bootle l30 1sl and Shop Direct Limited 1st Floor Skyways House Speke Road Speke Liverpool L70 1AB.

 

Also we will be sending SAR's to Topshop, Dorothy Perkins and Outfit ,

the address we have been told is Newday ltd PO Box 700 Leeds LS99 2BD.

 

She also has an old Next account which is closed ,

they have provided us with a letter stating the account number and that there was never any PPI on the account this was received after a phone call requesting the account number.

 

which are the correct addresses to go with and also do we need to individually SAR each account and store card or one SAR to shop direct and one to Newday and one to Next ?

 

 

Is there any specific requests needed for each SAR and over the last twenty years we have only lived at two addresses so do we include both addresses in each SAR.

 

Some of the account/cards are pre 2007 and some post 2007.

 

Thanks for your time , Andy.

Edited by dx100uk
Link to post
Share on other sites

No you simply SAR each company, not a separate one for each account although its a good idea to include the relevant account numbers for each company.

 

Each company's head office address can easily be found online.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

  • 2 weeks later...

Four sar's sent thursday via a courier , three received and signed for on friday and one returned to sender(me) as courier cant deliver to postbox as signature required , will resend with royal mail recorded next week.

Link to post
Share on other sites

  • 3 weeks later...

No acknowledgement from any of the above SAR requests and phoned post office and none of the postal orders cashed as of today ......... just wait a bit longer I guess :)

Thanks Andy.

Link to post
Share on other sites

Wouldnt be expecting anything really till middle of April at the earliest

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

Cheers Martin , had an acknowledgement of next stating they have till the 19th to respond , also SD phoned my wife explaining that there was no ppi on the account so what did she want them to do , she stated "I want you to send me all the information you hold on me for all the accounts I have had with you as I requested in the letter" , SD replied would you not rather go through a telephone complaint instead , my wife told them "no thanks I would like you to send me all the information as requested"

 

Thanks Andy.

Link to post
Share on other sites

Good stuff

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

Acknowledgement received today from SD , we had three account numbers in the SAR request , however there are eight account numbers on their acknowledgement ,will post details as they arrive.

Thanks Andy.

Link to post
Share on other sites

Received the sar from SD theres 27 £12 charges but theres other figures pre 2011 on the same printout as the £12 charges ,I asked for an explanation of all codes used by SD and the codes supplied dont seem to include the codes applied to what look like other charges ranging from £25 and up ,if I post up a copy of these would anyone be able to take a look and possibly help ?

Thanks Andy.

Link to post
Share on other sites

Yes you can remove the obvious personal info and post them in a multi page pdf.

Can you also post the codes list please?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

Thanks Martin will post up now ,

however I believe the other charges I mentioned that were £25 and up are items that were returned.

 

As you can see from the attached file

( hopefully I have redacted them correctly )

 

 

which is seven pages taken from the 200 plus supplied after the SAR request,

there are 27 £12 administration charges for late or missed payments ,

 

 

I think some of the numbers and codes are when SD reduced the credit limit as payments were made hence limiting the account ,

 

 

some of the other numbers and codes I dont understand even though SD say they have supplied me with all code definitions.

 

I think the outstanding balance on the accounts is about £500 which my wife is repaying at £50 a month.

 

I find it amazing after trawling through the 200 plus pages very little reference to the APR they are charging her.

 

I found the compound interest calculator on CAG but I am unsure what level to use ,other than going off what others have done.

 

Any thoughts/opinions would be gratefully appreciated.

Thanks Andy.

sd codes.pdf

sd charges.pdf

Link to post
Share on other sites

Put all of the charges into the spreadsheet and use an average of the interest they have used over the term of the account.

If as you say there is little reference to what the interest rate is or was, use the rate you can see they have used.

Pop it up for checking first tho.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

  • 1 month later...
Put all of the charges into the spreadsheet and use an average of the interest they have used over the term of the account.

If as you say there is little reference to what the interest rate is or was, use the rate you can see they have used.

Pop it up for checking first tho.

 

 

Hi Martin ,sorry for the MEGA late response , I have been visiting and reading the forum , but along with work and family its took a while to get round to planning the response to everything ,anyway here goes ,below are 2 redacted letters/emails I am about to send to newday and shopdirect after they both responded to my SAR requests on my wifes accounts , requesting administration charges back with compound interest.

 

 

Shopdirect

 

 

"Thank you for responding and completing my SAR request for the above accounts ,after examining all the documents received I can see that there were numerous administration charges applied to my accounts.

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that you have taken £324 in charges and using a nominal compound interest of 24.9% I make the total charges and interest I feel you should return to me as of 19/5/17 £709.99.

 

As you will see the nominal interest I have applied is 24.9% and not the 30%plus that you apply to your customers ,I feel this is a fair rate as it is similar to many high street banks rates for small loans.

 

I require repayment in full of this money,directly to me and not to be applied to my account or sent to any other third party. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus further interest, plus my costs, without further notice. "

 

Newday.

 

" Thank you for responding and completing my SAR request for the above accounts ,after examining all the documents received I can see that there were numerous administration charges applied to my accounts.

I now understand that the regime of fees which you have been applying to my account in relation to late fees are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I calculate that you have taken £374 in charges and using a nominal compound interest of 24.9% I make the total charges and interest I feel you should return to me as of 19/5/17 £1000.42.

As you will see the nominal interest I have applied is 24.9% and not the 30%plus that you apply to your customers ,I feel this is a fair rate as it is similar to many high street banks rates for small loans.

I require repayment in full of this money,directly to me and not to be applied to my account or sent to any other third party. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus further interest, plus my costs, without further notice."

 

Would you like the spreadsheets uploading as well.

 

Thanks for your time ,Andy.

Link to post
Share on other sites

Yes please Andy, pop the spreadsheets up aswell so they can be checked

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

shopdirect interest rate is 39.9% see their adverts?????

 

Yep Old Cogger I agree ,but thought I had read it was easier yo get them to pay out by not going for the jugular.

Link to post
Share on other sites

they will not in most if not all cases, but say need to speak to you when asked all in writing for the benefit of doubt, you hear no more they do not like paying out, only by agreement after a county court form against then is issued and the silent clause agreed on case?, reduced % shows weakness!

:mad2::-x:jaw::sad:
Link to post
Share on other sites

From what i can see Andy the spreadsheets look fine but might be a good idea to upload pdf's as the . Txt files are difficult to read

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

Banging my head against the wall ,

been trying for two hours to convert the "CISheet v101" to pdf ,

 

I have done this for other documents b4 and been fine ,

 

I have tried converting it from open office and excel both to pdf and every time it cuts off the right hand side of the pdf ,

 

I have tried using a load of online converters and open office pdf converter

,same thing everytime

 

,also tried reducing the margins and extending the page width ,

 

when I do this I lose even more of the right hand side of the pdf ,

yet when I preview the pdf before converting it looks fine ?

 

Any ideas appreciated ,thanks Andy.

Link to post
Share on other sites

size the spreadsheet then

file print

print to PDF

 

print active sheets only

 

fit all cols to one page

 

or simply attach you .xls files!

but remove your details.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Cant seem to get it to work and dont seem to have any .xls files , going to delete everything and start again ,

 

also I have found on the newday statements a number of "shopping cover" charges

and on the shop direct account a load of "account cover" and "account cover plus" charges ,

I presume these are PPI charges ,

 

 

can these PPI charges go onto the same reclaim letter's and also have the same compound interest applied to them.

 

Googed it , I converted them back to open office files,

I will redo them and if no joy I will convert them back to excel files and upload.

Thanks Andy.

Link to post
Share on other sites

our spreadies should work in open office ok

then filesave as .xls

 

 

you use the same spready yes ,

but one copy for each type of reclaim

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...