Turnaround
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Hi Keefy, Nice to hear you have got some legal advice at last. Hang in there. Best regards…..Turnaround
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Hi cheddar, Do as Silverfox say’s. Don’t worry, that letter stops any DCA in their tracks. Regards…..Turnaround
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Thanks Gez, a big thank you coming your way. Regards…Turnaround
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Hi Witsend, I’m afraid so nowadays!! But don’t loose hope, I have gone through the same process as you and am using it to my advantage. From what they have provided, it means that Ambrose Wilson don’t have an executable credit agreement on file. Keep pressing Ambrose Wilson for the agreement and they will eventually send a letter stating that "they are unable to locate it at the moment" and that "accordingly, and until we do, we accept that the debt is unenforceable." As soon as you get this, copy and send it to the DCA that’s chasing and they should back off. In the meantime, think about putting a claim in for a refund of your charges + interest in restitution. If you can, wait until your refund exceeds your balance and then claim. I will be posting my progress in the near future. Hope this helps. Regards…Turnaround
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Hi Gez, As you, I will be seeking compliance with the SAR first and then get the refund of charges plus restitutional interest. To ensure that I’m in the right ball park, could you confirm that a charge of £10.00 on 19 July 07 is roughly £39.09 on 19 Aug 11 with an interest rate of 39.9% in restitution? Thanks for your time. Regards….Turnaround
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Hi, What are the correct details for the POC regarding Littlewoods catalogue, are they Shop Direct Home Shopping Ltd (Trading As Littlewoods Direct) Shop Direct Finance Company Ltd (Trading As Littlewoods Direct) Regarding the non disclosure of data, the ICO suggest that you name the data controller or the company secretary when sending the LBA – which is it or doesn’t it really matter. Regards…Turnaround
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Thank you for confirming that Gez. Regards...Turnaround
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Hi Madcap, Yes, I do have proof of postage and they have cashed the cheque. They have replied, in part, to my request in that they have supplied statements and the agreement. They haven’t sent copies of any correspondence between us. When the SAR is satisfied, I will then claim the charges back. Regards…Turnaround
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It posted twice sorry. Regards….Turnaround
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Hi Madcap, As you predicted Littlewoods have failed to fully comply with my SAR and gone over the 40 day limit. I have sent the first letter, giving them a further 7 days and am now in the process of sending the LBA. Do you know, and could you advise, whether it is better to use either "the part 7 procedure" or the "part 8 procedure" of the small claims procedure, as the template letter used implies part 7, but I feel part 8 should be used. From the ICO site. Part 7 procedure is used when the case is likely to be more complicated because for example there is a dispute about the facts. Part 8 The shorter procedure is called a Part 8 procedure. This procedure will only be used where the claimant is asking the court to make a decision about a question which is unlikely to involve a very great dispute about the facts. An example might be where you have properly made a subject access request, enclosing the correct fee and more than 40 days have passed and you have not received any response. You are, therefore, making an application to court for an order that the data controller answer your subject access request. Regards….Turnaround
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Thank you for confirming that. Regards...Turnaround
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Hi Rebel' Superb link, the dogs ....... Regards.....Turnaround
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Hi Rebel, Thanks for the link I will study that. What do you think about the defendants details on the POC? Regards..Turnaround
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Hi All, I would like to claim my charges back from Shop Direct (Littlewoods). I have just sent my SAR and awaiting the results. I would like to get everything in place first and fully understand the proceedure/process and therefore would like to ask a few questions. Are there any Court Fees/Charges payable during the Court process if you are in receipt of Income Support i.e. To fee start your claim, the allocation fee and hearing fee. What are the correct details for the POC regarding Littlewoods catalogue, are they Shop Direct Home Shopping Ltd (Trading As Littlewoods Direct) OR Shop Direct Finance Company Ltd (Trading As Littlewoods Direct) Regards…Turnaround
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Hi Madcap, I too, would like my charges back from Shop Direct (Littlewoods). I have just sent my SAR and awaiting the results. I would like to get everything in place first and fully understand the proceedure/process and therefore would like to ask a few questions. Are there any Court Fees/Charges payable during the Court process if you are in receipt of Income Support i.e. To fee start your claim, the allocation fee and hearing fee. What are the correct details for the POC regarding Littlewoods catalogue, are they Shop Direct Home Shopping Ltd (Trading As Littlewoods Direct) OR Shop Direct Finance Company Ltd (Trading As Littlewoods Direct) Regards…Turnaround
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Hi keefyboy I really feel for you, as I am disabled also. I live within Charnwood, probably the same town I suspect, and find the council a real nightmare when it comes to obtaining things that you are entitled too. In the past I found Andy Reed MP of great help, he used to follow everthing through and complain on your behalf, but I don’t know how this new Conservative MP is, she doesn’t seem to get in the Echo with her campaigning as much as Andy Reed. Best regards…..Turnaround
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Hi gem77, Hang in there, your doing fine. As slick says, you must remove your personal info - Check para 4 of your letter. Regards.....Turnaround
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Hi francoe, I think the link slick was trying to give you was:- http://www.consumeractiongroup.co.uk/forum/content.php?546-bank-charges-templates-(consumer) I agree it can be confusing but I'm sure that in time you will master it. Regards.....Turnaround
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M&M The thread is in this forum, posted by Heatman and entitled "PPI Claims on Hold as legal action taken against FSA" Sorry try this one http://www.consumeractiongroup.co.uk/forum/showthread.php?279856-PPI-Claims-on-Hold-as-legal-action-taken-against-FSA Regards…Turnaround
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Hi M&M Not sure if this info is relevant to your issue? "PPI claims on hold" http://www.consumeractiongroup.co.uk/forum/showthread.php?279856-PPI-Claims-on-Hold-as-legal-action-taken-against-FSA Regards....Turnaround
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Hi atom, Would it be a good idea to incorporate this type of statement into your signature, so that appears on all your posts. It would not get lost at the beginning then. 8-) Regards….Turnaround
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Hi, Sent PM regarding the above !!! Regards….Turnaround
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Hi, Subbing. I am intrigued by your edit in red on your first post, and noticed similar comments on at least one other. Would you be kind enough to explain the reason/need for this, is it due to the guest’s? ........I wonder Regards….Turnaround
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Hi, Andyorch, Ford and The Mould, thank you for dropping and I will digest your comments. Recently, I have found within the Consumer Protection from Unfair Trading Regulations 2008 the term "Professional Diligence" and I am considering its potential use. Key terms used in the act "Professional diligence" means the standard of special skill and care that a trader may reasonably be expected to exercise towards consumers, commensurate with honest market practice and/or the general principle of good faith in the trader's field of activity. "Materially distort the economic behaviour" means in relation to an average consumer, appreciably to impair the average consumer's ability to make an informed decision thereby causing him to take a transactional decision that he would not have taken otherwise. As yet I am unable to find any evidence that this has been used against creditors who fail to perform as the law or regulations dictate. Why is this and what do you think? Regards……Turnaround
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Hi Ford, Thank you so much for potentially creating a "eureka" moment. As I understand it, and correct me if I’m wrong, the answer is basically about morals. A debtor borrows money, signs an agreement to repay over a period of time. The debtor then becomes unable to repay in line with the agreement and therefore is the first party to break that agreement. The creditor then has to issue a default notice, inline with CCA 1974. The debtor has a prescribed amount of time to rectify the issue, after which the creditor is then able to claim the full amount owed. Now the morality bit. Does a debtor use the fact that, a creditor makes an error or two during the process of enforcing CCA 1974, and then uses this to his/her advantage to evade repaying the debt. Rightly or wrongly my personal view is that, it depends on the conduct of the creditor during and after the term of the agreement. Some are very helpful and constructive during times of hardship, whilst others are not. For those that are not, it ends up as a personal choice as to whether you exploit their failings to gain a form of compensation/redress for all the distress and heartache caused. This particular creditor initially decided to exploit a position of trust, by miss-selling me an expensive product, fully aware that I couldn’t use it. Then decides to apply unlawful charges. When I fell on hard times they refused to accept pro-rata payments, preferring instead to harass, threaten and cause heartache. The only compensation/redress that I would have to this unwarranted behaviour would be to exploit their errors, you can’t always turn the other cheek. I hope that I have grasped this correctly and that you consider my views to be lawful, fair and balanced Regards….Turnaround
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