Littlewoods 'Shopping insurance covers your purchase + Payments

[pooky2483]

I was just wondering how I stand regarding claiming charges back from RC? My wife opened accounts with Ambrose Wilson & JD way back in 2006/7.

I have read in other threads, something called a SAR? What is that.

I didn't regularly keep the statements from them to start with but I have collected as many old ones up as I can find and started keeping the new ones and scanning them to put into a PDF file.

I have also noticed that before RC took to claiming the debt, AW & JD occasionally charged a late payment fee, could I claim those back too or would it just be against RC?

Also, an important thing to mention is, my WIFE took out the agreement with AW & JD, NOT ME. My involvement was, they took payment out of my bank account as she didn't have one.

Due to this, when they were passed to RC, they took it upon themselves to change the account holders name to mine. Can they do that. Can I get them (AW/JD/RC) to send me (or my wife) a full payment/charges history to then list the charges I want to claim back from them?

[rebel11]

Hi pooky

 

A SAR is your legal right to get data thats held by an organisation that relates to you, i.e. account information.

Have a read of (1) (2) and (3) in my signature. Your wife can send the SAR Request, doesn't matter where the

payments came from, but as the account is in your name, you should send the SAR.

 

'Due to this, when they were passed to RC, they took it upon themselves to change the account holders name to mine.' They shouldn't do this unless you requested that you wanted the account transfered into your name.

 

The SAR will reveal how they accomplished that.

 

http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

[BRIGADIER2JCS]

No they cannot arbitrarily change accounts to another persons name just because

the other party paid a few installments on the account other wise we would see

a precedent set and accounts would be changed without authority eg I paid my daughters

Sky account las t month as she has a new job with a different pay day I used a debit card in my name

this would in no way authorise the changing of the account details.

IMHO you could tell them to stick it!!!!!8)

[dx100uk]

oh its not your debt ...but tyou are agreeing to us fleecing your following a phonecall.

 

just one minute....we never like the oppo of missing a cash cow for our income....

you agree it should be in yourname...thats done now thankyou....

 

we'l send our fleecing DD to you soon..

 

dx

[pooky2483]

As its not MY debt, can they legally charge me late payment fees and any other charges they want.

Even after changing the account to my name, which I don't recall signing any agreement with them.

[BRIGADIER2JCS]

In my opinion they can't charge you for anything I would write and state the the fact it is not your account

and report RC to OFT and Trading Standards vi Consumer Direct if they persist

get a final response from them and take it to Financial Ombudsman there may also be an issue here

for reporting to the ICO.

I would not pay them a penny.

[brokebutnotbeatn]

As its not your account they can't prove its your debt, because it isn't. But something doesn't ring true on this thread? perhaps it's just one of my 'funny' days...

[pooky2483]

Checked back on paperwork, it is in my name to begin with.

[paulh1818]

Have you sent this shower a cca request yet? I'd do so before sending a sar. I requested a cca from jd recently (via reliable collections). They most kindly included a 'statement of account' along with the dodgy cca. I'm not sure if this holds the same details as a sar but it did include all charges added to the account. I have requested that they refund these charges and it has all gone quiet. No more phone calls or letters and I am not paying anything.

[BRIGADIER2JCS]

If the account shows it was yours to begin with I don't know where you stand.

[Undercover-Elsa]

Do RC actually OWN this debt or are they collecting on Ambrose's behalf? If they own it you should have received a Notice of Assignment informing you of this. If they are just acting as agents for the original company then letters will refer to "our client".

A SAR to RC will only produce data from when they took on the debt. If they are acting as agents it will produce very little.

You need to SAR the original company, Ambrose. You only need to SAR a DCA if they've had the account for some time and added on their own charges.

A link to the SAR template and a fuller explanation is in the debt help blog linked below..

 

Elsa x

[pooky2483]

Do RC actually OWN this debt or are they collecting on Ambrose's behalf? If they own it you should have received a Notice of Assignment informing you of this. If they are just acting as agents for the original company then letters will refer to "our client".

A SAR to RC will only produce data from when they took on the debt. If they are acting as agents it will produce very little.

You need to SAR the original company, Ambrose. You only need to SAR a DCA if they've had the account for some time and added on their own charges.

A link to the SAR template and a fuller explanation is in the debt help blog linked below..

 

Elsa x

 

I've just reviewed the letters they've sent in the past and they do say 'Our client'.

RC have been adding their own charges to the account for late/missed payments. I have just opened a letter from them and it's saying that my Bank has received instruction to cancel the DD and that RC should contact me.

I have cancelled the DD as I said I would in a letter sent to RC (Recorded Delivery), dated 10 May telling them that I intend to cancel the DD and that they are in breach of some regulations by demanding I pay an increase of 100%. I previously sent them a fax(01613862913), dated 21 Apr. To which they didn't reply.

I have two debt's they have taken up, Ambrose and JD. The DD's have been cancelled and SO's set up instead, payment is due 19 May.

Edited May 18, 2011 by pooky2483
spelling

[BRIGADIER2JCS]

YOU can only pay what you can reasonably afford without causing harsdship.

[pooky2483]

YOU can only pay what you can reasonably afford without causing harsdship.

 

I know, try telling them (RC) that.

[BRIGADIER2JCS]

No JUDGE will allow it to happen!!

[pooky2483]

No JUDGE will allow it to happen!!

 

I know, thats why I'm sending them a SAR for each debt, as Undercover Elsa mentioned.

[BRIGADIER2JCS]

Great lets hope they try to use it!!

[pooky2483]

Huh!, you lost me.

Who tries to use what?

 

I figured what you were on about now, I meant I'm sending RC the SAR, NOT the courts.

Edited May 18, 2011 by pooky2483

[pooky2483]

Can I claim their (Ambrose & JD's) so-called 'arrangement fee' back too?

 

This was in a letter RC sent me way back.

 

'Once the first payment is made you will receive a statement telling you when your next payment is to be made.

If you maintain your repayments then going forward we will not charge you any further interest or charges.

 

However, in order to set up the plan our clients have charged a one-off arrangement fee of 10% of the balance (maximum £100) in line with their trading terms.

Thishas been added to your balance. If you currently subscribe to a payment protection scheme this will now be cancelled.'

 

Is it at all possible to claim this 'fee' back?

 

[pooky2483]

Have you sent this shower a cca request yet? I'd do so before sending a sar. I requested a cca from jd recently (via reliable collections). They most kindly included a 'statement of account' along with the dodgy cca. I'm not sure if this holds the same details as a sar but it did include all charges added to the account. I have requested that they refund these charges and it has all gone quiet. No more phone calls or letters and I am not paying anything.

 

I've sent them a CCA yesterday (recorded delivery). I'll give them the usual time limit and then see what they do, then send them the appropriate response back.

 

You say youre not paying anything, so they are not doing anything to have you pay the remainder od the debt?

 

I've sent them a letter previously, recorded delivery and they've ignored it but they have sent one letter back, still asking for the £20 they have increased the payments to. I'm waiting for a letter for the other account saying the same.

 

How long is it before the Post Office investigate if a recorded delivery letter has 'gone missing'?

[paulh1818]

I was being bombarded with letters and phone calls from reliable collections. I sent a cca request. The cca request was not valid but they did include an 'itemized breakdown of the account' which included all transactions since the account was opened. I put the account into dispute. They wrote back saying the cca was valid and they were sure they'd get a result if they took me to court. I wrote yet again to reclaim the charges. I told them if they refunded the charges i'd make an offer of repayment. I haven't had any more contact from them at all since, and it has been over a month now. If I do get a response I'll be sure to let you know. Others may correct me on this but your 'arrangement fee' sounds dodgy to me. I'd say it was unfair and would definately include it in your amount to claim back.

[pooky2483]

This is the letter they sent me regarding the 'arrangement fee', one for Ambrose and another for JD.

Is this yet another example of extortion or something else I can claim back from them along with the 'late fee' & 'missed payment' charges.

Edited May 21, 2011 by silverfox1961
Removed letter as ID showing

[paulh1818]

Hmmm.... They have stopped one charge on your account and replaced it with another. Wait and see what response you get from your cca request then take it from there.

[pooky2483]

Hmmm.... They have stopped one charge on your account and replaced it with another. Wait and see what response you get from your cca request then take it from there.

 

The letter was RC telling me they are now 'collecting' the money and for them to do that Ambrose/JD have slapped an 'arrangement fee' onto my account.

[paulh1818]

Ambrose, JD williams and Reliable Collections are the same company. They are trying to lead you a merry dance if they are implying that the charge is not down to RC but to JD/Ambrose. naughty...