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Everything posted by Rayne

  1. Spoken to them this morning and its basically a "put in writing" scenario which I'm currently in the process of doing. I'm quite happy to accept that mistakes DO happen (nobody and no system is perfect at the end of the day) and if that is the case then so long as they refund that enforcement agent fee then result as far as I'm concerned
  2. As it happens, just got off the phone with them, advised them call was being recorded and queried why their agent was sent out. Basically, "put the complaint in writing" which I'm now in the process of doing.
  3. Good morning, apologies for not replying sooner. Was waiting on advice in all honesty from you lovely people before taking things further In answer to previous questions, the notice of enforcement was issued 18/04/2016 which gave until 02/05/2016 to either pay £255 (which I do NOT dispute), OR come to arrangement. That arrangement was made on 29/04/2016 and although initial payment failed (despite there being cleared funds in the account), Marston's themselves were the ones who quite clearly state in the telephone conversation to ring back on 09/05/2016 to attempt again initial payment and collect the first £35. I've played the conversation back so many times now, JUST to make sure there's no misinterpretation of their instructions, and it's very clear. They even state that the account is on hold for ten days and no action would be taken until 09/05/2016, which is when I'M supposed to ring them.
  4. Background Got pulled over last year, unknowingly I had no insurance (premiums were coming out, but that's another story), and as it transpired my license had also been revoked 11 years previously (even I'm impressed by that.) Obviously it went to court etc, ended up with £180 fine and 6 points. Own fault, absolutely hold my hands up here, so no bashing please. for various reasons, it didn't get paid and got sent to Marston's who added their admin fee on top, bringing it to £225 total. Phoned them up (recorded the conversation), and entered into an agreement to pay the initial £80 and £35 pw thereafter until cleared. They attempted to take payment of the £80 but it failed (even though there were more than sufficient funds available.) They suggested that it was most likely something akin to a processing error and that it sometimes happened but not to worry about it. Their advice was to wait until it had returned to the bank and to phone back and they would collect the £80 and the first £35. Bonus, thinks I, job done, all sorted. We set a date to phone back etc, which I confirmed with them. So you can imagine my surprise when the day before I'm due to ring them back I receive a phone call from my housemate saying he currently has an "enforcement agent" sat in the living room demanding £490 or he was leaving with the contents of my room. Now, being at work, in a busy office, quite clearly I was on the back foot a bit here. I get my mum (thank god) to transfer the money across and pay him over the phone to get rid of the guy. Leaves a receipt, which also turns out to be from Marston's. My query is, because they went against the agreement that was set up the week previously, is there anything I can do about the additional £215 that I had to pay for them coming out. Quite clearly I was under duress at the time, being at work, under the belief it was all sorted out, having had zero notice they intended coming out etc. I seem to recall reading something somewhere about requesting a chargeback(?) via my bank (Natwest). Would this be the route to go if so?
  5. How's this look? On 28th December 2011 I ordered a tumble dryer from your online store using a debit card and a £50 voucher that had been given as a gift for Xmas. Total cost without voucher £269, cost with voucher £219. Everything went through smoothly after phoning your 0871 number due to the use of the voucher. Or so I thought. And yes, the money was there and available before you think to query that. The following day (29th), my bank account appeared to have no available balance, despite there being a substantial amount actually on balance, with more incoming the following day (30th). Assuming, incorrectly, that maybe it was just down to the fact that maybe a retailer had been a little slow submitting a payment over the Xmas period, I thought nothing more of it, other than some mild relief that I was again being paid the following day and so would be able to pay for the rest of the New Years Eve party on behalf of my disabled daughter, who is quite high profile locally (Google the name ****************) The 30th arrived, the bank was checked, the balance showed the expected amount, however the available balance showed...zero, or as close to zero as makes no difference. This carried on until I was able to get to my local HSBC branch (Gloucester) on 4th January and query matters. I managed to obtain from them a copy of what they call "Internal Transactions", which showed the following: 28th Dec £269 Auth Debenhams, 29th Dec £219 Visa Debit Debenhams My first query is, why two separate transactions? The result was that the two amounts were added together, thereby emptying the account and causing the items that were due out on 29th to be returned, incurring a nice total of £45 in returned item charges. I wouldn't mind too much if they were trivial things but each one was essential in its own right: rent, water authority and TV license. This error, according to the bank, is down to Debenhams. My second query is: what is going to be done to rectify this matter? At the end of the day, I purchased ONE tumble dryer, and for that have now been stuffed on charges through NOTHING that I have done other than to make a purchase from yourselves. I have phoned Debenhams and this has resulted in being passed from one department to the next over the course of the majority of an afternoon, and aside from being met with more or less outright apathy ("not this department, dunno who deals with it") to complete pass the buck ("nothing to do with us"). As a result of this whole series of phone calls to Debenhams, I have been left with nothing but disgust for your company. I expect both the charges to now be covered and, for the embaressment of having to explain to creditors why their items were returned, for the total humiliation of having to cancel a New Years Eve party for a locally high profile disabled child at the last moment, compensation in the region of a MINIMUM of 25% of the total retail value of the product in question at the time of purchase, and a written apology from no less that an area manager for the appalling way that this has to date been dealt with. Failure to respond positively within 7 calendar days will see this complaint escalated to the office of the CEO, the Office of Fair Trading. BBC Watchdog, and any other media and / or regulatory body that I may see fit, including my Member of Parliament. Yours, disgustingly annoyed
  6. Ah my apologies, read your reply at completely the wrong time (being hassled by kids!) and mis interpreted it Have asked that HSBC refund or cancel the charges, awaiting their reply, going by past dealings with them, not holding out much hope
  7. So what you're in effect saying is that I should just say the hell with it and just accept what is now £45 of charges through no fault of my own??? Would you? Would anyone? They're both getting stiffly worded complaint letters threatening everything including hell and eternal damnation. No way am I prepared to just lie down and play ***ing dead for these cretins
  8. Afternoon all, have a small problem, somewhere between HSBC and Debenhams, not sure which, both refusing to take responsibility and getting royally ****ed off with both now!! Back Story Purchased a tumble dryer from Debenhams on 28th Dec. Lovely tumble dryer, nothing wrong with it, would happily buy it again. Used a £50 gift voucher as well. Total price normally was £269, price with gift voucher £219. No probs there, the maths is good. This, theoretically, leaves just shy of £300 available in the bank. Thats AVAILABLE, not balance. The balance was something like £350. Go forward a day and suddenly rent has been returned, water has been returned and TV license has been returned, all by bank, all for insufficeint funds. We're very much "wtf?" Scratch our heads for a futher day because there's not even anything on the pending list online other than incoming Carer's Allowance for the following day 30/12. Get to 30th, Carer's Allowance is in (this is a Friday btw), showing up quite happily in the bank on the balance sheet. Available balance = NIL NOW I'm getting very annoyed. New Year's Eve party to pay for etc, loads of friends coming round, totally unable to purchase anything for it, numerous items returned, even tho money is showing in the bank but nothing available and nothing pending. Goes on like this until the 3RD JAN when suddnely Carer's Allowance is available. Bit late but hey thanks anyways. Go into the bank to query why it took 5 days for it to become available. Obtained from the bank an "Internal Transaction List" which shows the following:- 28th Dec: £269 Authorised to Debenhams 28th Dec: End of day Balance £306.48 29th Dec: £219 VISA Payment to Debenhams 29th Dec: Various reversals of different outgoing payments 30th Dec: £220 Carer's Allowance paid in 30th Dec: End of day Balance: £269 3rd Jan: TV License returned 3rd Jan: Various Items authorised 3rd Jan: End of day Balance £269 4th Jan: Go into branch to query. They say that because the amount was authorised and then taken separately it created a TOTAL debit of £490, mkaing the funds not available, and that its teh fault of Debenhams. 5th Jan Letter receievd from HSBC stating several items returned, oh and we're charging you £35 for it. 6th Jan: Six trillion phone calls and speakign to everyone in Debenhams EXCEPT the CEO, and they're saying that its the banks fault and that their internal procedures are nothing to do with them. Now my arguement is that we bought ONE tumble dryer for £219, PERIOD. The money was there, it was available and now we're being stiffed for £35 of charges, had to cancel a high profile New Years Eve party, which would have been our severely disabled daughter's first one, at massive personal embarressment to us. Debenhams are refusing to take responsibility for it, as are HSBC. SOMEBODY, not us for once, is responsible for this. Normally I don't bother about compensation as I'm of the opinion we're too much of a compensation nation thses days. In this case I'm making an exception. Where do I start?
  9. Okies, a bit more info: DMP with Debt Correct, letter done cancelling. I've listed the creditors below and also what I think should go out as first letters. Can someone just have a quick shufty and confirm for me please? None are being disputed as being owed, none are SB, what they're looking for is some breathing space to try and get things sorted. Same as me, they don't give a monkey's about CRF as they have zero intention of ever applying for credit in the near or distant future. Creditors: Metropolitan - Letter detailing how much they're getting Yorkshire Bank (Personal Loan) - Letter detailing how much they're getting Yorkshire Bank (Current Acct) - Same as Loan account DFS / Santandar (guessing store card) - Same as above Creation (Currys) - Same as above Argos (Card) = Same as above Am including in opening letter that all communication is to be in writing, and am also going to pre-empt "doorstep visit" and get that straight in there as well so that there can be no doubts from the word go.
  10. Evening all, been a while since I was last active on here. Nice to see most of the old un's still active and kicking A friend of mine has asked me for some help with sorting out a few issues, one of which they feel is a DMP where they're paying a silly amount for not a lot through Debt Correct I believe the name is. I feel the first thing to do as they're more than happy to deal with this themselves, is to get rid of the DMC. Was going to do them a nice "push off" letter, but can't seem to find a template. Assuming that a "we no longer require your services and the Direct Debit has been cancelled" letter will suffice? The creditors range from old bank accounts that are no longer in use to loans and store cards. Any advice on opening salvos much appreciated
  11. as long as the battery holds up, and this puppy's on permanent charge
  12. So let me get my head round this, if you have made arrangements to pay, and ARE paying, not at the token rate of £1 pcm, but also less than what it would otherwise normally be, then there shouldn't be a default and it should show instead "arrangement" or similair?
  13. Well I happen to have located today an old mobile of mine that has voice recorder on it, so future phone calls will be thru the loudspeaker
  14. these guys are dumber than they look - ANOTHER phone call just now, they must love digging their own hole! Apparently they want to talk to me about Lowell and Capital One...and that was BEFORE she even asked me any security questions...sigh
  15. Just trawling thru the DPA again now that I've fixed the washing machine the wife broke yesterday :s
  16. Morning Tingy, looking at that, S8 and 10 certainly seem to apply, will work that into the letter. Cheers bud Hmmmm, can't copy / paste
  17. Please be advised that I will only communicate with you in writing. I have noted your repeated attempts over the past few months to contact me by phone, and these have been duly logged by date and time. I now formally request that you only contact me in writing. Further phone calls and / or SMS text messages will be viewed as harassment. Tonight at approximately 19:40 a representative from your company attempted to contact me by phone call and discuss the above account. I, within my rights, refused to divulge my personal details over the phone, thereby failing security checks. However, your representative continued to discuss the account with me, a CLEAR breach of the Data Protection Act. Furthermore, your representative then quite clearly stated that the current agreement that we have in place has been breached. I suggested that anything she wished to relay to me was placed in writing that I may properly respond, at which point I was informed that “it was way too late for that now.” Despite quite clearly stating to your representative that further communication should be in writing, she then goes on to state that I am to contact your company by telephone and that she was sending me the number and that it was up to me to contact BCW. The conversation then ended and I promptyly received FIVE SMS texts from your company in the space of 2 minutes. Now I KNOW that there is an agreement in place. I also KNOW that the agreement has NOT been breached, at least not by me, and if you wish I will happily stand in Court and state as such to a District Judge WITH evidence, after I have filed a claim for every single little breach by your company detailed in this letter. I request that you immediately send me a copy of your current complaints procedure. You have seven days from the date of this letter to comply. If you do not comply within the stated 7 days I WILL (not may, or might, or perhaps) make formal complaints to the appropriate regulatory bodies, including, but not limited to the Information Commissioner’s Office (for breaches of the DPA), The Office Of Fair Trading, Trading Standards and The Financial Ombudsman Service (for failing to adhere to the OFT Guidance on Debt Collection) and also the Police and OFCOM for the CRIMINAL OFFENCE of harassment, as well as sending the story to BBC Watchdog for viewer entertainment. I now suggest you go and read the relevant bits of law and guidance detailed below whilst you send your tea boy off to find the relevant piece of paper with your complaints procedure on it. RELEVENT LAW AND / OR GUIDANCE 1. Data Protection Act 1998 – 2. OFT Guidelines on Debt Collection: 2.2b - leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge 2.2h - asking or instructing debtors to make contact on premium rate telephone numbers 2.6a - contacting debtors at unreasonable times and at unreasonable intervals 2.8b - disclosing debt details to an individual when it is uncertain that they are the debtor in question, for example, disclosing details to 'the occupier' of an address. 3. Harassment Administration Of Justice Act, 1970, Section 40 Protection from Harassment Act, 1997 Yours Could someone be kind enough to fill in thr blanks for me on the relevent section of the DPA as I can't see for looking and am now officially dog tired. pwetty pwetty pwease?
  18. [F17(3)Where a data controller—. (a)reasonably requires further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks, and. (b)has informed him of that requirement,. the data controller is not obliged to comply with the request unless he is supplied with that further information.] Would that be the right place iro DPA breach?
  19. once u've done as dx suggests and sar them, and received the paperwork from them, it may well be worth looking further into this as lloyds have put aside at least 3.5 billion for compensation iro miss-sold ppi
  20. ah, you've been reading their joke site as well? I notice they're with the CSA also, bummer, someone else to complain to
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