Aqua card services vs LMH

[LittleMissHappy]

I started to claim back charges sometime ago and then didn't take it any further. I think I got fed up with Aqua and 1st credit who kept saying each other was responsible:rolleyes:

 

Anyway I didn't really hear anything apart from thretograms every now and then from various DCAs until a few weeks ago I started getting phone calls this is when I decided to go back and reclaim these charges.

 

I sent SAR to Aqua who replied with what they had so I totted up charges and sent a request for repayment plus CI. I got a reply offering the difference between 20 and 12.

 

I have been looking for a suitable reply (as I am rubbish at writing letters)but I cant find anything. Does anyone have something to hand which I could use?

 

My plan is to put my claim through the FOS, as I have had sucess with them and have found them to be very helpful.

 

Many thanks in advance:)

[dx100uk]

the £12 was a guideline, not something they CAN charge.

just write back and tell them so.

they must still justify the level of their charges as a breakdown or cough up.

 

dx

[postggj]

have you done a cca request

 

aqua were very poor at keeping agreements

[LittleMissHappy]

Thanks dx and post

 

I sent a full SAR to them and received a printed copy of what looks like an agreement, although nothing is signed.

 

My so called balance is very low and the charges cover all of it plus some. I am unsure of what to do about the agreement side of things and would be quite happy to just have the balance wiped and the remainder paid to me.

 

I would like to go for CI, which I asked for in my intial letter.

 

I understand about the 12 pound being a maximum the OFT would allow and I am not going to accept their offer of the difference.

 

I guess there is nothing I need to quote in my reply, I should just tell them I don't accept their offer and ask them to reconsider before I put my claim to the FOS?

 

Thanks

[postggj]

there is a lot you can do

 

an agreement with out your sig

 

seems hbos are doing the manufactured agreement again

 

with out the original, they are stuffed

 

when was the account taken out

 

seems the dca are going to get a nasty surprise me thinks

[LittleMissHappy]

The card was taken out in 2002. I am not up on agreements but I thought they could produce a copy of an agreement without sigs and get away with it???? as long as it was a copy from when you took out the card. (again i'm not sure) they also have to produce T&C from when the card was taken out????

 

I will post up what I have later.

 

Thanks for taking the time Postggj

[postggj]

Ok Littlemisshappy

 

For A Start The Regs Change I Believe Aprill 2007

 

Any Agreement Before That Date Come Under The Cca 1974

 

When The Regs Were Changed, A Creditor Can Now Give You A Copy Of What Might Have Been Sent To Comply With The Cca.

 

Any Agreement Under The Cca 1974, Which Yours Is, Needs Your Sig On The Application Form

 

With Out It They Are Stuffed

 

With Out The Original Agreement With Your Sig On, They Cant Enforce And They Know It

[postggj]

THIS IS MY BATTLE WITH AQUA AND HBOS

 

BIT OLD NOW THE THREAD AND IME WISER BUT YOU WILL GET THE IDEA

 

 

http://www.consumeractiongroup.co.uk/forum/halifax-if-successes/116741-halifax-default-credit-agreements.html

[LittleMissHappy]

just read your thread Post........what a nightmare, but all good in the end.

 

One thing to watch out for they may sell it on and then the new owners (and I use the term loosely) will add a default.

 

I got a default from Aqua but it dissapeared when they sold it on and no one has re-applied a default since?????

 

I am pretty sure I applied over the internet for this card, where do I/they stand with the sigs then?

 

I am just scanning the agreement/s!!!

[LittleMissHappy]

 

 

 

 

 

 

[LittleMissHappy]

Thats the first one.....heres the next one!!!!

[LittleMissHappy]

[postggj]

Again They Are Stuffed

 

The Distant Selling Regs Came In Long After 2002

 

Even Doing It On Line Then, They Need A Valid Sig

 

They Should Have Sent You A Cca To Sign And Return

 

Wait For Confirmation Though But I Believe I Am Correct

[LittleMissHappy]

Thanks again Postggj

 

The main thing i would like to acheive from this is the account balance to zero and closed with the refund of charges and the remainder paid to me, I would like CI. I feel this is only right because of the interest which I would have paid to them.

 

In my SAR results I received some screen dumps from a company called St Andrews group. (i have no idea who they are) They maybe the company who deals with the PPI?

 

I think I may have agreed to PPI (dont know what I was thinking) although there is nothing in my SAR results which backs this up. But I am not too worried about this.

 

I will draft up a letter rejecting their offer. I will give them time to reflect and allow them 8 weeks from the date of the first letter to give me their final response and then I will go to the FOS. (no harm in trying)

 

Will post up letter when done for comments.

 

Many thanks:)

[LittleMissHappy]

Heres my reply

Thank you for your letter dated xxxxxx 2009. The contents of which have been noted.

 

I thank you for your offer to refund the difference between £20 and £12, totaling £xx but respectfully decline this offer.

 

Unless you can provide evidence that these charges are calculated on genuine pre-estimates of your administrative costs, or based on actual losses incurred by you in respect of each charge applied to my account, then it is considered that these charges are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligations, to pay a disproportionately high sum in compensation.

 

I therefore again request a refund of xxx plus interest of xxx charged at 35.900% APR. (Which is the average amount charged to me by you) The total I require in order to satisfy my complaint is xxx

 

I will allow you up to xxx July in which to make your decision and give your final response. (Which will be 8 weeks from when I started my complaint) If I don’t get a satisfactory outcome to my complaint I will put a claim through the Financial Ombudsman Service (FOS) without further notice.

 

Yours sincerely

 

Any comments?

[dx100uk]

good letter

+ dont forget the stat 8% on top

 

dx

[LittleMissHappy]

Thanks DX. I will amend and send:)