Dayglo v Endeavor

[dayglo]

I had a secured loan with Endeavour Personal Finance that was paid off in January 2003. I've just spoken to them on the phone and they are going to send me a full list of transactions this week. No need for an S.A.R - (Subject Access Request) (or £10!!) just for the moment.

 

 

Address: Sterling Credit Limited (endeavour)

Beneficial House

Easthampstead Road

Bracknell

Berkshire, U.K.

RG12 1NS

 

Contact Number: 0845 300 3965 or 01344 356 000

[Tazz]

I will be interested to see how you get on.

 

I sent off a SAR on the 21st July, with my £10 and have heard nothing back yet.......

 

Tazz

[Tazz]

I have just phoned Endeavour and they have no record of my enquiry and have not requested my statements.

 

Funny thing is, when I mentioned the letter was sent by Special Delivery, they found it within about 10 seconds.

 

They do not charge for statements so I look forward to the return of my £10 ! They are getting back to me with a date as to when I can expect the statements.

[Tazz]

Well, just had a phone call back from them.........very prompt!

 

Would you believe it, there is a letter in the post to me, requesting some ID from me before they can issue the statements. What a coincendence, eh!

In the space of 15 minutes, they have gone from having no record of my request, to having sent a letter out to me "which maybe waiting for you when you return home".

 

Aargghh:x

[dayglo]

I'm tempted to send a letter confirming our telephone conversation - I'd hate to leave it for two or three weeks only for them to claim no record of my request!

 

I made a telephone request to 'Paragon Personal Finance' on the same day as the call to Endeavour and those statements arrived this morning - 2 days, not bad.

[dayglo]

well, statements arrived today - not as much to go at as I expected, but every little helps!

[Tazz]

Heard anything from them Dayglo ?

 

I am still waiting for my statements ! I have sent the ID they requested; my original request was received by them on July 24th, so starting to get close to the 40 day limit............

 

Tazz

[dayglo]

I've sent my prelim letter off asking for....£69!! (stop chuckling, every little helps)

In my case Endeavour responded very quickly, one of the fastest i've dealt with so far... let's wait and see. Good luck

[dayglo]

letter received from Endeavour today...

 

24th August

 

Dear Dayglo,

 

Re: account no: xxxxxxxxxxxxxxxxxxxxx

 

We write with regard to your letter dated 18th August 2006, which has been passed to the undersigned today for attention as we note you are unhappy with the way your account has been dealt with.

 

Firstly we wish to apologise that you fell you have been unlawfully charged, however we have reviewed your account and feel that we are unable to uphold your complaint.

 

We can confirm that the recent change in legislation and new consumer regulations that you are refering to only relate to credit cards and not to secured loans. Also the legislation is not retrospective therefore, even if it had included secured loans, it would not have applied to your account, which was discharged in March 2003.

 

The charges on your account were applied in accordance with the terms and conditions of your agreement and the customer tariff of charges which was sent to (they missed 'you' out!!!) from time to time as revised.

 

It is important that your issues are fully addressed. Therefor, if you have any further queries relating to this matter, or remain dissatisfied, please do not hesitate to contact me and I will arrange for your complaint to be escalated. Alternatively, you may follow the steps detailed on our internal complaint procedure.

 

As you are aware, Endeavour Personal Finance is a member of the Finance Industry Standards Association and ultimatley, you have the right to refer your complaint to them as an independent adjudicator.

 

I would also like to advise you that unless I hear from you within the next 8 weeks, I will assume the matter is resolved to your satisfaction and my files will be closed.

 

Yours Sincerely,

 

Laura Findlay

Collections Counseller

SLC Services

 

 

hmmmm, do you know what - I disagree with most of this!!! LBA off in the post in the morning then!!

 

all this for £69

[Tazz]

Tazz

[Tazz]

Better in your pocket Dayglo !

 

Thanks for posting the letter - very interesting !

 

I now have my statements - my account was closed in April 2003, just after you. They charged me Settlement Interest, Settlement Admin fees and Settlement Penalty Interest of £1100.

 

Prelim off tomorrow..............

 

Tazz

[dayglo]

just had an e-mail from home, there's a letter waiting for me from Endeavour offering the full amount! My first victory - so chuffed.

[Tazz]

Well done !

[dayglo]

cheque arrived - brilliant, a small victory but my first one.

[octron32]

well done dayglo

 

read your thread and ref this

 

I'm tempted to send a letter confirming our telephone conversation - I'd hate to leave it for two or three weeks only for them to claim no record of my request!

 

if you use this site

 

http://www.rectel.co.uk/

 

before making phone calls you ring the number and it will give you a four figured code it will prompt you to enter the number you want to ring. have your conversation but remember dont get mad or swear be really polite.

 

this is the best bit. as you are not a data controller you do not have to tell them you are recording but what i do when im through talking to whoever get them to confirm there name and just let slip this phone call is recorded.

 

log back into the site put your home phone number and pin code.

 

and you can download the conversation you just had.

 

steve

[tra2026]

hi there hope you don't mind me asking I had a loan with endeavor 18 months back which is now settled by looking at your post it seems I can claim all the charges back which were quite a lot is this true? I have started a claim with A/L but didn't no I could claim for other companys aswell.

 

Tracey

[dayglo]

well i just used the same prinicple as bank charges, show me that they reflect your costs or we go to court - the decided to pay me back rather than go to court. good luck

[tra2026]

thanks for that, just rang them and they are sending me out all the details of transactions on the account.

Tracey

[Tazz]

thanks for that, just rang them and they are sending me out all the details of transactions on the account.

Tracey

 

Good luck Tracey !

 

I am a week past the LBA stage - no response yet............

[tra2026]

Hi it’s me again with another question hope you don't mind,

 

I have received my statements only took 3 days I’m quite impressed.

 

My question is what can I claim for as I’m not to sure we had a lot of problems with this loan and ended up in court with a suspended possession order on it so there are a lot of legal fees involved am I right in thinking I can't claim these back?

I have done a break down of all the fees will someone have a look and let me know which ones I can claim for please so I don't mess it up

 

Settlement penalty int - £165.40

Settlement admin fee - £120.00

Legal costs - £1005.01

Account Service fee- £92.00 (applied after an un-paid d/d)

Telephone call fee - £126.00 = £18 per call

Letter Fee- £ 54.00 = £18 per letter

 

Thanks Tracey

[dayglo]

1) because they themselves refer to the settlement penalty as a 'penalty' I would reclaim this.

2) settlement admin fee - probably not.

3) Legal costs - ask for a breakdown, but probably unclaimable

4) Account service fee (this is unpaid DD in disguise) - reclaim this

5) Telephone call fee - reclaim this

6) letter fee - reclaim this.

[tra2026]

thanks Dayglo

[tra2026]

Hi it’s me again just received this letter back this morning

 

Thank you for your letter dated 28th Sept 2006, which I read with interest

 

The loan agreement you signed clearly states the terms for settling your agreement early.

 

You refer to ‘unfair terms in consumer contract regulations’ which clearly state a term is only unfair if ‘contrary to requirement of good faith it causes a significant imbalance in the parties’ rights and obligations under the contract, to detriment of the consumers’ and in addition a standard term must be expressed in plain and intelligible language

 

This condition does not breach this test.

 

Your contract was regulated under the consumer credit act 1974. The terms of your settlement would have been calculated according to the calculation in the act known as rule of 78. The interest you have been charged complies with the rule of 78, which is clearly defined under statute and further indicates no ‘unfair term’ exists

 

You mention fees of £272 that have been levied to your account. These fees are clearly identified on our tariff card and provided on completion of your loan. The OFT has clearly identified late payment fees on credit cards as unfair and set a maximum of £12 but are still investigating other charges levied by banks and financial institutions. Obviously the facility provided to you doesn’t fall under the definition and furthermore the OFT comment was not retrospective.

 

I respectfully suggest you take your own independent legal opinion before progressing further with your claim.

 

It is important that your issues are fully addressed. Therefore, if you have any further queries relating to this matter, or remain dissatisfied, please do not hesitate to contact m and I will arrange for your complaint to be escalated. Alternatively, you may follow the steps detailed on our internal complaint procedure.

Signed by a Terry Grainger.

 

What next are they right in the first part?

 

Do I send of the 2nd letter I’m frightened they might have a point?

[Tazz]

Hi it’s me again just received this letter back this morning

 

Thank you for your letter dated 28th Sept 2006, which I read with interest

 

The loan agreement you signed clearly states the terms for settling your agreement early.

 

You refer to ‘unfair terms in consumer contract regulations’ which clearly state a term is only unfair if ‘contrary to requirement of good faith it causes a significant imbalance in the parties’ rights and obligations under the contract, to detriment of the consumers’ and in addition a standard term must be expressed in plain and intelligible language

 

This condition does not breach this test.

 

Your contract was regulated under the consumer credit act 1974. The terms of your settlement would have been calculated according to the calculation in the act known as rule of 78. The interest you have been charged complies with the rule of 78, which is clearly defined under statute and further indicates no ‘unfair term’ exists

 

You mention fees of £272 that have been levied to your account. These fees are clearly identified on our tariff card and provided on completion of your loan. The OFT has clearly identified late payment fees on credit cards as unfair and set a maximum of £12 but are still investigating other charges levied by banks and financial institutions. Obviously the facility provided to you doesn’t fall under the definition and furthermore the OFT comment was not retrospective.

 

I respectfully suggest you take your own independent legal opinion before progressing further with your claim.

 

It is important that your issues are fully addressed. Therefore, if you have any further queries relating to this matter, or remain dissatisfied, please do not hesitate to contact m and I will arrange for your complaint to be escalated. Alternatively, you may follow the steps detailed on our internal complaint procedure.

Signed by a Terry Grainger.

 

What next are they right in the first part?

 

Do I send of the 2nd letter I’m frightened they might have a point?

 

I had pretty much the same response to my LBA; onwards to Moneyclaim!

[stuflo]

Hi

 

Just wondered what the present position is with you and endeavour - am at the same point - just about to go to MCOL. I have had letters from their solicitors stating they will defend the claim - my claim is for ERC.