can i still claim from Shop Direct group?

[choppers]

I have been away from here for about a year, and was wondering with all the ongoing court case re unlawful Bank Charges. Am i still able to claim for late fees from the Ship Direct group (accounts with, Littlewoods/Very, Additions, Great universal, Kays and Empire Stores)

 

I believe all told i have paid over £1000 (without interest) down the last 5 years in charges mainly for late fees but some for not meeting minimum payment.

 

My Empire stores account arrears are now being chased by NDR but all the rest are still with the stores.

 

Also with regards CCA/SAR would i send one to Shop Direct and expect them to send all different accounts or a seperate one for each account?

 

thanks for any help getting money back from these as they are really starting to bug me!

Edited June 11, 2010 by choppers

[choppers]

also any refunded charges would pretty much wipe out my balance at all of the catalogues. Does that make it less likely they would pay up?

 

And just wondering what do i send first CCA or SAR?

 

cheers

[choppers]

also (sorry just thought of something else)

Whilst i do not remember signing any agreement with this group of catalogues, in recent weeks/months i have sent several letters to them with a signature on...

 

So how unscrupulous are they? and if they do provide a signed agreement will this make any difference to my ability to claim for unlawful fees?

 

cheers (again)

[alanfromderby]

Depending on the amount, I would have said that these were penalties, and so should not be delayed by the test case - which refers to overdraft charges.

 

As for NDR, I would certainly CCA them initially, and a DSAR to Shop Direct listing all the relevant accounts.

 

In relation to any agreements, I would cross that bridge when you come to it. At the end of the day they are supposed to supply a genuine signed copy of the original agreement if they decide to pursue court action. However, that is where things can get complex and we would need to look closely at what they have sent.

[choppers]

edited; DSAR just a standard SAR

Edited August 13, 2009 by choppers

[choppers]

So my course of action is as follows;

 

Send CCA to NDR and a DSAR (with Just £10 PO) to Shop Direct stating all accounts held (inlcuding NDR held account?)

 

Wait for Legitimate CCA (or not as the case should be)

Calculate total charges + Interest

 

Then how do i go about applying for charges back?

do i send a Letter before action or a Preliminary aproach for repayment? and do i sent these straight after receiving Statements etc.?

thanks again

Edited August 13, 2009 by choppers

[alanfromderby]

That would be my approach. As far as the reclaim is concerned I would send a prelim first as you have to be seen to be trying to resolve the issues before moving toward court action.

[choppers]

you have been a great help.

 

Thanks

[yellowplum]

I just received my response from Shop Direct relating to my charge for late payment of £12. I have to say that it did make me laugh, standard reply with a few lines added for good measure.

 

I will try and get a copy of it up ...

[choppers]

I also have noticed other charges and wondered if i can claim for these as well?

 

they are;

-Late payment

-insufficient minimum payment

-Administration charges

-Debt collection letter charge

-phone call charge

all minimum of £12

[alanfromderby]

Yep - they would all be penalties if they are disproportionate to their actual costs.

[yellowplum]

Hi,

 

I just received a letter this morning from Shop Direct, (retyped below). Is there a set of Particulars of Claim relating to accounts such as these available to use? Or do I just use the Credit Card charges one?

Thank you for your letter dated 26 July 2009 concerning the administration charge applied to your Littlewoods Account.

 

Please accept our apologies for any inconvenience this matter may have caused you.

 

My understanding is that your complaint is that you are unhappy that a £12.00 administration charge was applied to your account and that a default has been registered on your credit file.

 

The £12.00 administration charge was applied on the 20 June 2009 as statement 9 was issued 23 May 2009 requested a minimum payment of £7.48 and no payment was received.

 

It is made clear in the "Your Account" section at the back of your catalogue that a charge is applied should you fail to make the minimum payment on time.

 

The entry recorded on your credit file is an indicator of how you have conducted your account. The account is recorded as 'defaulted' as payments were not received in accordance with our terms and conditions of trading.

 

By providing your information to us for the purpose of ordering goods and opening a credit account, you have signified your consent to us processing your information. We outlined how we would use the information in our data protection policy at the time you open your account.

 

The policy also specified that we will share information with the credit reference agencies regarding the performance of your account. We do not believe the processing of your information is unfair and we are unable to cease such processing or sharing of your information with the credit reference agencies. The historical record of the transactions on your account is accurate and will remain on the files of the credit reference agencies.

 

Under the circumstances the company is unable to refund the administration charge and remove the information registered on your credit file.

 

If confirm this letter concludes our investigation into your complaint. I hope our explanation meets with your satisfaction. However if this is not the case you can refer the matter to the Financial Ombudsman Service.

[alanfromderby]

It is pretty much the same as a credit card so I would go down that route - but you will need to send them a letter before action first. Also, can you start your own thread about this please. Thanks.

[choppers]

I Received a letter from Empire today (not NDR) stating:

 

Unfortunately we are unable to locate a copy of an executed agreement for your account.

But we enlcose a current agreement including all variations.

(which is just a blank copy with no writing on)

 

Then goes on to tell me how long the account has been opened and how much i have paid over the lset 12 months.

 

So now do i send them a non-compliance letter?

 

and what can i expect in response to that?

 

cheers

[citizenB]

Hi, send the letter in the following link

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

Chances are, as it is a catalogue account, that there will be no signed agreement. However, they have most certainly not complied with your request.

 

HTH

[choppers]

Hi, just an update, sent off my preliminary approach for repayment but no response yet.

 

Still getting phone calls everyday from the arrears collection department of Littlewoods, even though i keep telling them i only want to correspond via letter (they have told me on the phone they will keep ringing me every day!)

 

is there a phone harrasment template anywhere?

[nivek]

hi just a big thankyou to the forum action commitee with out this site i would of not known any thing about agreements i have just won a catalogue they sent me a letter saying they are not persuing thedebt any more just keep send ing and asking for your cca

[alanfromderby]

 

is there a phone harrasment template anywhere?

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/131250-dca-creditor-harassment-telephone.html

[choppers]

hi just an update;

 

I have sent my LBA which expires on wednesday (17th Nov)

i was just trying to get more info on what to file for in the county court, as i see there is an ammendment from penalties to UTCCR template and i wondered if that was relevant in this case?

 

If someone could point me in the direction of what i need to do at my local CC, the nerves are starting to kick in as this gets real...

 

thanks for any help

 

also, i know it's a bit of a cheek but if i was to win or lose this claim for charges, would it be possible/advisable to then claim that they have no claim to any monies owed as they do not have valid CCA?

 

well actually i was told by empire that they could not find a cca but when i sent off my SAR for shop direct group they sent back one signature of mine on an additions CCA which was not dated and my D.O.B although in my handwriting was 2008 (so obviously the date at the time of the agreement)

[choppers]

ok, i don't want to leave this too late now...

 

can someone tell me if i have to go to my local County Court or if i can just file a claim through moneyclaim.gov?

 

and also how this claim is affected by the 1st template in the library; You must amend your Bank Charges claim from penalties to UTCCR

 

anyone?

[citizenB]

ok, i don't want to leave this too late now...

 

can someone tell me if i have to go to my local County Court or if i can just file a claim through moneyclaim.gov?

 

and also how this claim is affected by the 1st template in the library; You must amend your Bank Charges claim from penalties to UTCCR

 

anyone?

 

 

You can make a claim either through the MCOL or your local county court.

 

If you make it through the court then they will expect the fee paying there and then.. whereas if you do it through MCOL, I think you can delay it until the claim is assigned to a court.

 

If you have only recently completed your claim for charges then I suspect that you will have got the correct format. As I dont know what you have said on your claim form, I am not sure.

[alanfromderby]

 

and also how this claim is affected by the 1st template in the library; You must amend your Bank Charges claim from penalties to UTCCR

 

anyone?

 

 

I would be inclined to include both as an either/or on the claim.

[choppers]

You can make a claim either through the MCOL or your local county court.

 

If you make it through the court then they will expect the fee paying there and then.. whereas if you do it through MCOL, I think you can delay it until the claim is assigned to a court.

 

If you have only recently completed your claim for charges then I suspect that you will have got the correct format. As I dont know what you have said on your claim form, I am not sure.

 

i have not made a claim through the courts yet?

only through Shop Direct using all the templates available on here. i will go through MCOL tonight.

 

Alanfromderby; will the either/or approach not be frowned upon as hedging my bets?

[alanfromderby]

It is a normal legal process.

[choppers]

does the recent court ruling have any affect on this claim?

 

i am wondering if i should cancel and go the CCA non compliance route?

 

also i have now seen the template that states MCOL should not be used?

 

and an N1 should be filed at local CC?

 

help!

Edited November 30, 2009 by choppers