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sandraroff

la redoute and no signed agreement

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have been arguing for almost 18months with this doughnut of a company. they are flatly refusing to refund anything, my daughter is adamant that she would never have asked for PPI to be added but they were charging. they argue that she did ask for it but cant prove it.

 

i asked them recently for a signed copy of the agreement and all we got back was a photo copy of a form (of sorts) that was blank!! completely blank!! nothing filled in, no signature, nothing. so i did the letter about no signed agreement, no can enforce payment and we got a 5 page monologue back.

 

basically they ae saying get stuffed!!!

 

Quote:

 

although you effectively argue that we must write off your account balance if we do not have a signed copy of your agreement, you are incorrect for the following reasons:

 

we may not hold your signed agreement on file but that does not necessarily mean that you did not sign that document when you opened your account with us. under section 61 of the consumer crdit act 1974, a regulated credit agreement would not be properly executed unless, amongst other matters, it was signed in the prescribed manner by both the debtor and the creditor. however, if you signed the agreement at the time, it will have been properly executed in that respect.

 

,and so it goes on..............and on...................and on..................

 

they are quite adamant that a default will be issued. they will refund nothing and they are also saying that, in their view,the condition for processing data sharing on the account with credit ref agencies is for a duration of a contract and SIX YEARS beyond.

 

at a standstill now and dont know what to do.

 

this all sounds very legal and sure.

Edited by sandraroff

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Guest Old_andrew2018

Have you sent a SAR

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yes, we have had everything from them. this has been going on for a very long time and they have an answer for everything. we have even been to the financial ombudsman but because, at the time they charged this stuff, they werent regulated by anyone, they dont have to pay it back.!!!! outrageous. a law unto themselves.

 

it all culminated not so long ago, when i asked them for a signed copy of the agreement and they sent a photo copy of a form that had nothing filled in on it. it could have belonged to anyone - and probably did.

 

its a nightmare.my daughter has several pre existing conditions so would never have insurance. AND at the time she started with le redoute, she was self employed so definately wouldnt have taken out the insurance. they say she asked for it but cant provide a copy of the aplication etc that shows she has ticked the insurance required box.

 

what on earth do we do now???

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Hi,

Sorry you were missed.

See the bits I've added in red and I hope it helps.

 

have been arguing for almost 18months with this doughnut of a company. they are flatly refusing to refund anything, my daughter is adamant that she would never have asked for PPI to be added but they were charging. they argue that she did ask for it but cant prove it.

If they added PPI without your daughters express consent then you have a right to it back. As they are refusing, I would do a Letter Before Action and then file at court if the refuse again

 

i asked them recently for a signed copy of the agreement and all we got back was a photo copy of a form (of sorts) that was blank!! completely blank!! nothing filled in, no signature, nothing. so i did the letter about no signed agreement, no can enforce payment and we got a 5 page monologue back.

 

No signed agreement= an unenforceable debt. Simples

 

basically they ae saying get stuffed!!!

 

You could be telling them that too:D

Quote:

 

although you effectively argue that we must write off your account balance if we do not have a signed copy of your agreement, you are incorrect for the following reasons:

 

we may not hold your signed agreement on file but that does not necessarily mean that you did not sign that document when you opened your account with us. under section 61 of the consumer crdit act 1974, a regulated credit agreement would not be properly executed unless, amongst other matters, it was signed in the prescribed manner by both the debtor and the creditor. however, if you signed the agreement at the time, it will have been properly executed in that respect.

 

What an absolute pile of poo! They are saying there could not have been an agreement if you had not signed so you must have done then go on to say "If you signed blah blah" Lots of these accounts were set up via leaflets or ads in papers where no agreement was ever seen so where they get their rubbish from is beyond me

 

,and so it goes on..............and on...................and on..................

 

they are quite adamant that a default will be issued. they will refund nothing and they are also saying that, in their view,the condition for processing data sharing on the account with credit ref agencies is for a duration of a contract and SIX YEARS beyond.

 

Once a default is issued, that will stay on a credit file for 6 years however, they can be removed if there is no agreement but again, you will have to go via the courts.

 

If a contract is terminated, the company have to keep their records for a further 6 years but the don't have to notify the CRA's (Unless there is a debt)

 

at a standstill now and dont know what to do.

 

this all sounds very legal and sure.

 

 

After all that I would still send a LBA and if they still refuse, sue them. If you can't afford to go to court, complain to them first about the PPI and if the complaint is dismissed you can then go the FOS

 

I would also send a SAR so that you have any potential evidence of wrongdoing

 

fox


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they have dismissed the claim for the insurance already. this has been going on for ages!!!!! in facrt, they have dismissed everything. charges, PPI, LIFE!!!!

 

the FSA said they couldnt do anything, because at the time everything was charged, la redoute werent regulated by anyone (FSA and redoute said that) but will try FOS now. FSA said there may be a claim to be had against the insurance company themselves. i have their details but it seems that everyone is passing the buck on this one.

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thanks silverfox1961.can you give me a helping hand with a letter before action without tying us into going to court??? no point in saying i will do it if it cant be afforded.

 

they really are taking the mickey. would like something strong please!!!!!!!!

 

glad of any help anyone can give. letters have been passing too and fro for many many months.

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also, is it worth taking up the PPI stuff with the insurance company, as either the FSA or FOS suggested?(cant remember now which one suggested it).

 

they are all refusing to deal with anything because at the time all this stuff was going on, la redoute werent regulated by anyone.

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I think you should go to the FOS. They are toothless but it may make the OC sit up. It still may need the appearance of court papers to make them think again.

 

As you didn't mention that the PPI was before the regulations came in, I think La Redoute may be correct in that you need to go to the insurers.

 

I don't know of any decent LBA's that would help you as I tended to make them up as I went along but in any letter claiming charges back you need to put those charges down individually and include the same interest they have charged you.

 

 

The thing that does occur to me is that with no agreement, they cannot enforce the debt but if the PPI charges were less than the outstanding balance then you could negotiate a mutual write off. I don't think they will go for it but you never know.


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Just been having a hunt around on unregulated PPI and found this:

 

Can I reclaim on unregulated PPI? | This is Money

 

While it isn't exactly the same, it is reasonably similar to yours.


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I spoke to someone at La Redoute on the 7th and 14th Decmeber called Ruth. She informed me both times that she would remove my entry from my credit report. This has not been done,m so today when I telephoned I spoke to another lady and she said that there were no notes on my account to state this!! I am furious - they are looking into it - whats wrong with this company? She told me it would be taekn off my report within 48 hours!!!! I am angry


Out of Debt - paid off £38,821.00 - YOU CAN DO IT

 

Bank Charges claimed: £680- from RBS

Bank Charge still in progress: Barclays

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