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Horwich Farrelly / Debenhams


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Hello!

 

I hope I am doing this correctly, first post here...

 

I had a Debenhams Store Card, which due to my company going out of business in late 2003, I failed to make a few payments. One thing lead to another and Robinson Way got involved, next Horwich Farrelly... This all lead to a CCJ at Northampton. I never argued it as at the time everything else in my life was going wrong, so it was just judged in favour of HF. Since then I have made regular payments, apart from when I was made redundant again in lat 2005. It went back to court and I increased my payment to make up for all those costs HF had added plus the relatively small amount in arrears. Since then I have been very good, every payment made on time. However this year I have been accused twice (so far) of not making 2 payments, the last time I had to get my bank to send them evedence. However it turned out that they had allocated the payment to my account twice, then realising took the additional payment off which then showed up on thier system that I was in ARREARS. This was resolved. Well last Friday I had a call from them saying I am in arrears and to provide evedence, so while on the call I logged in to Internet Banking and said, yes the payment was sent to the same account on the same day as always. I was then told that the account I had set up was unknown to them, despite having it printed on the letter I received from them in 2004. No letter was sent to me. I was told unless I ask my bank to prove I made the payment I would be served an enfourcement letter, and that they would not even investigate it unless they recieved this! So that is what I have now down.

 

Sorry this is long!

The thing is, now I am wondering whether there were costs for Statutory Interest in the original claim they made, and equally whether Store Cards are liable to reduce 'excessive' late payment fees as banks are? How would I go about finding out? Do I send one of these CCAs to HF, do I have to send to Robinson too and Debenhams? All I want to know is after paying over £3,500 whether this is now the debt paid. I can't even remember anything about how much was originally owed, I have no paperwork. If I have paid the debt, is there a possibility that if there was interest added that was unfair that I could write to the court/whoever and ask for the CCJ to be set aside? Also, I seem to remember that I opened the account at a Debenhams Store at the checkout on an application form, it might not have been an agreement enforcable?

 

Help/ advice please?

 

Thanks! :confused:

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Hi Dougal....and a warm welcome to the forums, you are amongst others who are/have been in similar situations to yourself.....

 

If it was me in your position, I would send this to the original creditor....

Unfortunately it will cost you £10 (send postal orders if you can)....and send it by recorded delivery.....but do it ASAP...there are probably some excessive charges that you can reclaim back too....but at least by doing this you will know where you stand, they have to send you this information back within 40 days....

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

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Thank you 42man, I have edited the above to suit. I assume ORIGINAL CREDITOR would be Debenhams or GE Capital Bank Ltd. Should I just write DEBENHAMS / GE Capital Bank at that stage?

I'll send this off today, what if they can't provide the information / or don't send me a reply?

 

Thanks!

 

Dougal

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send a S.A.R - (Subject Access Request) to ge money they are the providers of the debenhams staore card, also due to having been paying this to the DCA send them one as well, lets see what they have been adding.

 

in the S.A.R - (Subject Access Request) to ge money state you want all statements and the original credit agreement, although with a CCJ on it I dont know if proving the agreement is rubbish would help.

 

but you can certainly claim back the excessive charges etc

 

also check to see if you had PPI and whether it was worth the paper it was printed on

  • Haha 1
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It is up to you....are you paying Horwich Farrelly at the moment ? if so then yes.....but it could be that Robinson Way have added excessive charges too....Are you paying interest on the CCJ too ? if you are then I would query that as they would need the agreement to do this....As for GE / Debenhams...i'm not sure to be honest, I think it would be GE to send the SAR....unfortunately it costs £10 for each which is a pig but at least you will know where you stand.....

 

And please keep us posted too...

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Bear in mind that that the CCJ overrides any prior agreement.

 

You will probably find that the judgment includes interest. If this has been charged since the judgment was made then it isn't unlawful and you won't be able to claim it back.

Do you have a copy of the judgment to hand?

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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