checkoutdolly V,s debenhams

[checkoutdolly]

sent for my statements from debenhams two weeks ago

recieved a letter today

saying they have recieved my request and cheque

but there is a high demand for this right now

do you reckon it's a delaying tatic

[tiglet]

Did you send a SAR? if so, they ahve 40 days to comply, no matter how high the demand is.

[checkoutdolly]

Got my reply today the usually bog off letter would refund the difference between £15.00 and £12.00 in guidance with OFT's ruling in fact have credited account with £139.00 need to find the link for LBA and the one where you acknowledge their refund but still want the rest any help please

[steven4064]

Hi COD

 

Send the normal LBA (I think the library ones are not available at the moment - ther is one on my GE Money thread. Insert a entence thanking them for the offer which you accept as part settlement only.

[checkoutdolly]

thanks again for your help steven x

[sillysow]

Hi Checkoutdolly,I am at a similar stage with mine. I am due to file the N1 this week as the lba went 10 days ago. Out of curiosity what %apr are you putting on your claim? I am planning to go with 29.9% interest ( their rate) as long as I continue to stay brave! Makes a HUGE difference to the value of the claim.

[checkoutdolly]

my lba went out this morning im using 29.9% intrest and yes it does make a big difference

[checkoutdolly]

next stop with this is file at court as they are not going to refund so a quick question

when i read poc it says show when payment was made do i have to do a sheet when i made all payments to this account as well as a spreadsheet for charges i am claiming back?

[checkoutdolly]

well filed at court today so fingers crossed it all goes smoothly must say i found doing the poc a bit daunting but got there in the end just hope i done it all correct will hear if i havent i suppose

[checkoutdolly]

well recieved an acknowledgment yesterday from court G.E money intend to defend suppose its a case of waiting now to see what their defence is?

[tiglet]

Good luck and keep us informed.

[steven4064]

well recieved an acknowledgment yesterday from court G.E money intend to defend suppose its a case of waiting now to see what their defence is?

As I have remarked on other threads, saying they intend to defend and actually defending are two entirely different things.

 

They may or may not produce a defence but one thing I am 99.99% certain of is that they will not actually defend the case, ie turn up in court to defend it.

[checkoutdolly]

hope Im not the 00.01% where they do turn up

[steven4064]

0.01% is 1 in 10,000 - you stand more chance of being struck by lightning

[checkoutdolly]

well surprise surprise got a latter today off salans. my claim is only for £322 then the 8% court interest they have offered me a sum of £200 in final settlemant of the matter reckon that leaves me about £200 short with court fees added anyone got a nice reply i can e-mail them refusing as im guessing that will be your advice to me

[steven4064]

Just write a short, polite letter in plain English thanking them for their offer which you accept as part settlement only and tell them that you have every intention of carrying on the case until you get all that you have asked for. Tell tem you hope that makes your position clear.

[ukaviator]

Hi Checkoutdolly

 

Received your PM for a letter or email.

 

Try this, amend to suit:

 

YOUR NAME

YOUR ADDRESS

YOUR POST TOWN

YOUR POSTCODE

 

BANK NAME

BANK ADDRESS

BANK POST TOWN

BANK POSTCODE

 

TODAY’S DATE

 

 

Dear sir/madam,

 

Thank you for your letter received on XX/XX/XX and the offer of £XXXX in settlement for my request for refund of charges totalling £XXXX.

 

I thank you for your offer and i accept the offer of £xxx, as part settlement of my claim. Any thing less than the full amount paid in my claim, is not to be considered as full and final payment. I will continue to pursue the full amount of £XXXX as originally requested plus any additional charges that may have been added to my account since the start of this correspondence.

 

I am aware that terms & conditions of your account contract are unfair, as the charges applied are penalty charges, which are 'to the detriment of the consumer'. The Unfair Terms in Consumer Contracts Regulations 1999 highlights these in Section 5 clause 1.

 

5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

 

On 24th April 2008, Mr Justic Andrew Smith passed judgement that the UTCCCR 1999, did apply to bank charges.

 

I trust that we can reach agreement on this and I look forward to receiving a full and unconditional payment of £XXXX. If I have not received this within 14 days, I will have no choice but to continue with the legal proceedings to resolve this matter.

 

Yours sincerely

 

 

 

YOUR NAME

Edited May 28, 2008 by ukaviator

[checkoutdolly]

thanks very much your a life saver MWAH

have e-mailed will see what the repsonse is thought it was better doing an e-mail than a phone call

[ukaviator]

Oh yes, no talking. Keep everything in writing, good usable papertrail ..

[checkoutdolly]

WOOOOOOOOOOOOOOOOOOOOOOOO

have just checked my e-mail and one there from salans with a draft order attached

they have agreed as a gesture of goodwill to pay me a full just got to return the draft

then wait for the money

[checkoutdolly]

but it says do no date the order why is that?

[ukaviator]

There you go. . . well done. Great job.

 

Not sure why that is, have you emailed them back?

[steven4064]

If it's a typical Salans order it will have a confidentiality clause on it. It's up to you, but I would cross that out.

[checkoutdolly]

e-mailed them and this is the reply i got

Dear mrs hickling]

[Thank you for your e-mailI will date the order when I sign it on behalf of my client the order will be formally agreed when both parties have signed not just one. this is why I will date it when I sign it. I will sign it as soon as i recieve it from you]

trust this clariefies the situation and i lokk forward to recieving the signed but not dated Order]

yours sincerly

Philip beswick

Yes it has a confidentiality clause on it dont really understand that what does it stand for

Edited May 29, 2008 by checkoutdolly
had fonts on it

[steven4064]

In principle it means you can't talk about the details of your deal with them. Iexpect this thread rather blows a hole in that