DBR vs Ikea / Ikano

[daisy_bumbleroot]

Data Protection Act sent 22nd Jan
Statements received 28th Feb.
£xxxxxxxxxx charges
Prelim sent 7th march

(Edit - changed date of prelim - i didnt send the prelim til 7th not 2nd)!

[daisy_bumbleroot]

OKAY! Got a reply!!! (typos and crap english is from the actual letter!)

Without predjudice. We note the content of your letter. It would appear that you have not contacted us previously to discuss the fees applied to your account. It is our usual practice to discuss the circumstances of each individual account with the accountholder to arrive at an amiable resolution.

With this in mind, we are prepared to offer to refund 50% of the fees paid to date in the total sum £xxxxxxxx

The terms of this settlement are strictly confidential and it is condition of this settlement offer that the fact and terms of the settlement remain confidential between us.

If you wish to accept this offer, please can you sign the enclosed duplicate letter and return it to Karen Malin at the above address.

This is what i am putting in my reply

RE: Response to settlement offer – Account number: xxxxxxxxx
Thank you for your letter dated xxxxxxxxxxxx


[edited: Please don't put templates on open forum]



1 - What does without predjudice mean?

2 - If i just send a standard LBA on the 15th day after prelim, with an extra rejection in as above - will this be ok?

3 - Ive XXXXXXXX out dates and amounts because I dont know if there are Swedish spies looking at these pages and seeing as there arnt many sueing Ikea, it would be easy to suss out which account it is

[CrispDust]

1. without prejudice means you (or they) can't use this letter as evidence in court, unless the judge permits it.
2. I'd just send the LBA with a simple addition that the matter will only be resolved by full settlement of the figure claimed in your prelim and lba.
3. Yes Ikano do monitor this site, but don't have a lot of trouble in their own yard, compared to some companies.

Have you included contractual interest? in your claim?

[daisy_bumbleroot]

Originally Posted by CrispDust

1. without prejudice means you (or they) can't use this letter as evidence in court, unless the judge permits it.
2. I'd just send the LBA with a simple addition that the matter will only be resolved by full settlement of the figure claimed in your prelim and lba.
3. Yes Ikano do monitor this site, but don't have a lot of trouble in their own yard, compared to some companies.

Have you included contractual interest? in your claim?

Hello! Thanks for the response

1 - ahar!
2 - Ive not done my lba this was in response to my prelim!
Ive done a b-stardised LBA (above) which includes a thanks but no thanks line.
3 - *waves* to Ikea - Smile your on camera!!!! I reckon most companies will have a dedicated team by now scanning the pages of this and other well known sites!!! we know who they all are!!!!

No - ive not asked for contractual because it took forever trawl through these pages to make sure i was doing it right and for me to really work out how much mine was. Theres that many threads referring back to the vamp spreadsheet that i couldnt use or referring to other threads that are 29 million oages long it got too confusing.

In the end it worked out about £15 and the 8% works out about £6 so i thought sack it, better safe than sorry for the sake of £7!

[gorge]

Hello

Thought I'd say hello as I'm at more or less the same place as you with Ikano with regard to my Oasis and Ikea cards. I have today received the same letter as you offering 50% refund. What extra lines did you put into the LBA?? Do you think I should wait until the 14 days is up from the prelim? I sent the prelim on the 15th March and I got a reply dated 16th March!!!!

Let's hope they are as quick sending out their refund cheques as they are with their correspondence!

Keep me posted on how your claim is going.

[daisy_bumbleroot]

Originally Posted by gorge

Hello

Thought I'd say hello as I'm at more or less the same place as you with Ikano with regard to my Oasis and Ikea cards. I have today received the same letter as you offering 50% refund. What extra lines did you put into the LBA?? Do you think I should wait until the 14 days is up from the prelim? I sent the prelim on the 15th March and I got a reply dated 16th March!!!!

Let's hope they are as quick sending out their refund cheques as they are with their correspondence!

Keep me posted on how your claim is going.

Hi Gorge *waves*

I sent off our LBA rejection yesterday. The admin have deleted the letter i put as its counted as a template (fiar enough) so i will PM you with what i put.

Gimme five mins!

[daisy_bumbleroot]

Originally Posted by gorge

Do you think I should wait until the 14 days is up from the prelim? I sent the prelim on the 15th March and I got a reply dated 16th March!!!!

I sent my letter the 7th and they replied the 12th! and if i remember correctly im sure the letter was signed in pen... bless, they havnt had to mail merge yet.

If you like you can join in this thread, iand we can update each other. I'm all for a big party, im not bothered about 1 thread 1 person business, keeps it a bit more interesting dontcha think

[daisy_bumbleroot]

Wicked! Just spoke to my boyf. A letter has landed pon our doormat saying something along the lines of...

"Thanks for your letter, we will on this occasion as a gesture of goodwill, refund the £200 to your account. In future we will no longer refund any other charges ever. If you agree, please sign and return this form"

They are very prompt! I like Ikea, not like LTSB.

Anyway, we are going to accept part of the offer, the money part, and reject the other part, the conditions. Because while I am confident we will manage our ikea account impeccably in the future, you never know whats round the corner, and should we falter on our payments, I'd rather not have illegal charges slapped on the account. If they did, Id like the opportunity to claim them back.

This is acceptable isnt it? Any thoughts?

[daisy_bumbleroot]

Bumpety BUmP

[daisy_bumbleroot]

anyone got any thoughts on post 10?

[gorge]

Thanks for helping me last week, it was appreciated. I havn't logged on for a few days, great news for you, are you saying that they refunded your full amount? I'm impressed with how quick they are.

Well Done You!!!

[Lula]

Well I would send a letter back saying that you will accept the refund but do not in any way accept the confidentiality clause, no court will expect you to accept it and now that they have offered full settlement, I doubt that they would want to take it all the way, tell them the if necessary you would proceed to court to challenge the confidentiality clause.

This way , if they don't pay the money, you can go to court and say that you have been fair and reasonable and they havnt, hope this helps

Julia

p.s. do a site search for confidentiality clause and see what comes up, might be useful reading

[daisy_bumbleroot]

Is this ok as a rejection? Im not sure how to word it to say "thanks for the offer, i'll take the money, but I dont want your condition that no more charges will be refunded"





I accept your offer of settlement but without the conditions imposed.

While I am confident my Ikea account will be managed impeccably in the future, I will not accept any further unlawful charges to my account. I will seek to recover any further unlawful charges applied to my account in the future.

I require repayment in full of this money without conditions. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus, plus my costs and without further notice.



ANy thoughts anyone before i go ahead and print it?

[Lula]

That looks fine. Having thought about it, you could just copy out the bit that they want you to sign, taking out the bit about the confidentiality clause - I have heard of this done before too.

But the choice is yours, the letter looks fine

[gorge]

Hi daisy_bumbleroot, just wanted to say that I received an offer yesterday for the full amount as well!!!! (nearly £900) I can't believe how easy it was. I've just signed the letter and sent it back as I don't use the Ikea or Oasis cards any more anyway so I won't be incurring any further charges from them in any event.

I'm so chuffed this now enables me to move on with other claims that I need to file at Court. Thanks for your help.

Will make donation once funds received.

[Lula]

Originally Posted by gorge

Hi daisy_bumbleroot, just wanted to say that I received an offer yesterday for the full amount as well!!!! (nearly £900) I can't believe how easy it was. I've just signed the letter and sent it back as I don't use the Ikea or Oasis cards any more anyway so I won't be incurring any further charges from them in any event.

I'm so chuffed this now enables me to move on with other claims that I need to file at Court. Thanks for your help.

Will make donation once funds received.

Hi gorge, you didnt sign a confidentiality clause did you? if you did, you shouldnt be posting details on here

[gorge]

No there was no confidentiality clause in my letter just simply saying they'll issue a full refund.