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spudbynight

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  1. OK - I shall get this sorted. Thanks
  2. In general terms why do I need to send an SAR? What will I be looking for in the return from them?
  3. The card was taken out in 2004. My wife's recollection is that this was something that involved a ticked box for the CC application. The card application was made in branch and the member of staff was very blasé about the whole thing.
  4. My wife put a claim in for PPI cover she paid on a loan from HSBC and also for a Credit Card. They have approved the loan but rejected the CC claim. Their reason was as follows : "Our records show that in DATE, you applied for an optional Cardholder Repayment Protector to protect your HSBC Credit Card. This policy is designed to repay 10% of the outstanding credit card balance for a maximum of twelve months in the event of sickness, accident or redundancy. Life cover is also included in this plan. The Policy Document and Product Information Pack explained how the policy worked together with the claims procedure and the exclusions that applied. The Policy Document confirmed that you had a period of time in which you had the right to cancel the Cardholder Repayment Protector. Due to the Data Protection Act, HSBC cannot keep records indefinitely. Unfortunately, due to the passage of time, the original documentation has not been located. However, I can confirm that it is not Bank procedure to issue insurance without the appropriate documentation being completed first. I would also point out that premiums paid in respect of the plan have appeared on your statements where there has been an outstanding balance, throughout the period your policy has been in force. Therefore I consider adequate steps were taken to ensure you were aware that you had Payment Protection Insurance on your credit card and to advise you of the main product features. I realise that you may be disappointed with my decision but I hope that this letter has been helpful in explaining the reasons for it and that I have been able to respond to your concerns satisfactorily. However, if you have any further information or evidence that you feel is then please forward for my consideration" My wife is certainly disappointed with their response on this. Is that the end of things? Do they have a legitimate defence? Certainly as a layperson the idea that someone can enter into an agreement without a set end date, with a limited time to cancel might fall under the scope of consumer laws on unfair terms in contracts. She claimed for several grounds. One of them was that they refused to allow her to cancel the policy. My initial thoughts are that they seem to have conceded the point she made about being unable to cancel the policy. She attempted this twice over the phone and once in branch. She took out the credit card in branch and was told to just sign at the bottom without any explanation as to the suitability of the insurance. She was in temporary employment with an agency at the time. How best should she reply to this?
  5. I did have a plan - to contact the seller and raise the issue. If not satisfied to issue a claim. I came on here to make sure I hadn't left anything our that would invalidate my claim. It is only at your suggestion of sending the photos that I am considering another step. You say send "him" the photos. Are you referring to LK Bennett?
  6. I am not going to kick up a fuss if the claim for interest is refused or reduced. That is at the prerogative of the presiding judge. I just don't think I have freedom to claim an arbitrary amount do I? The date of purchase is the 5th of July. I can take photos and email them to LK Bennett now. Would that weaken my case? How should I approach that seeing as the 14 days I gave them has expired?
  7. Thanks for your reply. Just to give some more information and my own comments on each point raised : Interest Claimed : As I understand it this is the statutory amount. I didn't feel it correct to arbitrarily decide on an interest amount when there is a rate stipulated by statute. While the current interest rates are low that hasn't impacted on the rate of inflation. Inspection : The shoes were inspected in the shop by the branch manager who refused to concede the manufacturing discrepancy. In fact the issue is nearly identical to that detailed HERE . I have a concern that should the shoes be sent by me to LK Bennett any physical evidence I current hold disappears. It isn't a technical issue, there material is visibly cut away at one side on one shoe. This makes the shoe difficult to walk in. It is visible to the naked eye. We have given LK Bennett the opportunity to inspect the shoes, at our convenience rather than theirs. The cobbler my wife took them too noticed the defect immediately. He wasn't willing to put that in writing as LK Bennett were one of his main clients locally. If needed, I don't imagine it being too difficult to find another cobbler locally to put something in writing. Date of claim : I would agree the length of time before claiming isn't ideal. I don't believe that the length of time makes the claim any less valid though. If the shoes have a manufacturing defect (which they do) then that defect is still as present now as it was at purchase. I think it was unfair of LK Bennett to refuse to refund at the time of purchase and the period of time that has passed hasn't changed that. Thanks for your reply. I have the shoes in front of me. The manufacturing defect is very visible and is simply down to the material being incorrectly cut on one side. A measuring tape can demonstrate the difference between each shoe.
  8. My wife had email contact from them where LK Bennett they asked her to send the shoes back to them (at her cost) to be inspected by one of their "technologists". She replied by email "Without Prejudice" stating that she was unwilling to send the shoes back to them this close to a potential court claim. They were welcome to visit her to inspect the shoes at an agreed time. There has been no response to that email and the 14 day period is up. We were going to issue a claim through the courts service today. Is that the correct next step?
  9. L.K. BENNETT LIMITED 3 CAVENDISH SQUARE LONDON W1G 0LB FAO : Didier Drouet 7th June 2013 LETTER BEFORE ACTION Dear Mr Drouet, I am writing to you regarding a pair of shoes I purchased from your Brighton store on 5th July 2007. These shoes were actually purchased after returning another pair of shoes which fell apart after a single wear. The shoes in question have a manufacturing defect where the fabric is miscut on one side of one of the shoes. I attempted to return these to the branch in question shortly after purchase by the Branch Manager refused to offer any form of refund or exchange. I had the shoes inspected myself by a cobbler who is used by your company and he confirmed the manufacturing defect. These shoes are still in the box having never been worn. There is a statute of limitations of 6 years from date of purchase which will be up next month. It is with this in mind that I am writing to you know. I wish to have my purchase refunded in full. In accordance with legislation I also require statutory interest to be paid on this amount. I have attached a copy of the receipt for your information. The amount owed is as follows : Purchase Price of Shoes : £89.00 Statutory Interest at 8% : £42.37 Total Claimed : £131.37 Please be advised that if full payment of this amount is not received within 14 days of the date of the letter I shall take action though the small claims court.
  10. My wife purchased a pair of shoes from LK Bennett 6 years ago. (6 years is up at the start of July) Unfortunately they have a manufacturing defect on one shoe. The material has been cut too far down on the outer side of the shoe where it meets the toes. She attempted to return these shoes a couple of days after purchase when she noticed the defect. The manager in the shop refused to exchange or refund the shoes. She was also incredibly rude about it and made a point of telling my wife not to come back another day. She was going to talk to all the staff and tell them not to accept the shoes back. While spring cleaning we came across the shoes the other day. They are still unworn, in the box with the label attached. We also have the receipt. My wife wrote a letter before action to LK Benett which I will copy below.
  11. No PPI or charges to be claimed back. They have stopped adding interest to the account.
  12. I lost a lot of money due to being defrauded by a solicitor a few years ago. (That solicitor has now fled the country and has been disbarred in their absence) I was made redundant after this and unfortunately this had a knock on effect on my personal finances. Of all my creditors the smallest is a credit card debt with Capital One (roughly £200). This has been pursued more aggresively than any other debt. (Including calls to my place of work before redundancy). I have been making regular payments to all my creditors. Unfortunately I am receiving JSA at the moment so the small amount I can spare is split between all creditors. A family member has offered to make a payment to Capquest who are now handling this debt. They will only make the payment on my behalf if the account is flagged as settled in full. Capquest have offered to close the account and flag the account as partially settled. Naturally this will allow them to sell the remaining debt to another company to chase. Can anyone offer any advice on getting Capquest to accept my offer as F&F settlement?
  13. Hi All, I recently ordered some PC speakers from an online retailer. They were delivered and were faulty on arrival. I contacted the retailer and they collected the speakers and refunded me the purchase price. What they haven't done is refunded me the deliver charge (£12.50) so I am now out of pocket. Where do I stand with getting this back? spudbynight
  14. They are all calling from a call centre in India/Pakistan/BFE. It is a shame as every other caller has used the same calledID
  15. If they used the same number I could block it. They seem to use a different number each time they call.
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