Jump to content

 

BankFodder BankFodder


TheDude1

Shop Direct - Particulars of Claim (POC)

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2791 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

Hoping for some guidance!

 

Shop Direct have ignored my letter before action and I stated to them (in lba) that I will not be pursuing the matter through the fos.

 

So I am preparing my claim against them.

 

This is my POC so far, bits extracted from other's people PPI poc and also my own input,

I would appreciate if anyone can suggest alterations etc before issuing, many thanks!

 

PARTICULARS OF CLAIM

___________________________________

1. The Claimant had a credit agreement account no xxxxxxxx ("the Agreement") with the Defendant which was opened on or around **/**/****.

2. The Claimant contends that;

3. The Extra Care 500 & Extra Care Advantage (“the Insurance”) was added to the account despite it not being requested.

 

4. The claimant contends that they have not signed any agreement for the Insurance with Shop Direct Finance Company Ltd.

5. The claimant contends that they did not receive any Insurance terms and conditions from Shop Direct Finance Company Ltd.

6. The Claimant contends that the Insurance relating to the Agreement was not suitable for purpose because they were un-employed at the time plus other various reasons.

7. The Claimant contends that the Defendant did not carry out adequate checks in order to establish whether or not the Insurance was suitable for the Claimant i.e. any pre-existing medical conditions that would affect the Insurance policy.

Page 1 of 3

8. The claimant contends that they would not have knowingly agreed to the Insurance in any circumstances.

9. The claimant contends that they did not understand the reference to the Insurance on the statements and assumed these were part of the standard charges for the credit

10. The claimant contests that adding this policy unknowingly was not a fair or reasonable obligation as it was not required or wanted.

11. The Claimant believes that a reasonable level of care and skill was not offered when adding the Insurance to the account, and that therefore Shop Direct Finance Company Ltd failed to meet its obligations under the terms of section 13 of the Supply of Goods and Services Act 1982.

 

12. The Claimant contends that there should have been a system of supervision and checking in place to ensure that such errors, omissions and misrepresentations were noticed, and corrective action taken, and if there was no such system in place, then that should also be considered as

a failure of Shop Direct Finance Company Ltd to meet its obligations under the Supply of Goods and Services Act 1982.

13. The Claimant contends that the Insurance was sold with a view to meeting sales targets and providing bonuses and commission for the Manager and staff, rather than to help the Claimant attain a better financial position.

14. In paragraph 12, the Claimant contended that there should have been a system of supervision and checking in place. The Claimant contends that the very fact that such a system was not in place, or that the system failed to identify the errors, omissions and misrepresentations highlighted elsewhere in these Particulars, should be considered as evidence of a policy of “turning a blind eye” by senior company management whose careers and remuneration are also reliant on bonuses, incentive schemes and sales targets.

15. In the light of the contentions made above, the Claimant asks that the court consider that an “unfair relationship” exists under the terms of section 140A of the Consumer Credit Act 1974. Should the court decide that section 140A does not apply, the Claimant contends that the actions of the Defendant grossly contravene ordinary principles of fair dealing as outlined in section 138 of the Act, and therefore Agreement A and Agreement B should each be ruled as an “extortionate credit bargain”.

16. In considering this, and all matters in this claim, the Claimant asks the court to take into account the following Principles of Business which are legally binding on Shop Direct Finance Company Ltd, under the Financial Services & Markets Act 2000, and are contained in the FSA Handbook:

Principle 1 Integrity - A firm must conduct its business with integrity.

Principle 2 Skill, care and diligence - A firm must conduct its business with due skill, care and diligence.

Principle 3 Management and control - A firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems.

Principle 5 Market conduct - A firm must observe proper standards of market conduct.

Principle 6 Customers' interests - A firm must pay due regard to the interests of its customers and treat them fairly.

Page 2 of 3

Principle 7 Communications with clients - A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.

Principle 8 Conflicts of interest - A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.

Principle 9 Customers: relationships of trust - A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment.

17. The Claimant contends that the Defendant has been given ample opportunity to seek a resolution to the matters raised in this claim, and their outright refusal to even enter into discussions is a clear breach of the Financial Services & Markets Act 2000.

18. The Claimant seeks the sums, as listed below, against the Defendant under Common Law, and/or section 140B of the Consumer Credit Act 1974:

And the Claimant claims;

(1) A declaration that the Insurance premiums paid from xx/xx/xxxx to xx/xx/xxxx totaling £xxx.xx were wrongly paid to the Defendant by the Claimant.

(2) Payment of the said sum of £xxx.xx and compound interest @ the lenders purchase rate of 26.92% from xx/xx/xxxx to xx/xx/xxxx for the sum of £xxx.xx.

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xx/xx/xxxx to xx/xx/2012 of £xxx.xx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.37 OR at such rates and for such periods the Court deems just.

(4) The claimant contends that the Limitation act 1980 32(1)© should not be used as a defense in this case as the claimant did not discover the Insurance was added and optional until Jan 2012.

The Claimant believes that the facts stated in these particulars, comprising of 3 pages, are true.

Share this post


Link to post
Share on other sites

PPI was applied to the accout from 2001 to 2005.

Share this post


Link to post
Share on other sites

Hi

I’ve subscribed to this thread because I’m about to start the ball rolling for reclaiming both PPI & charges from Shop Direct. I have my own thread somewhere in here & will update it soon but you are one or two steps ahead of me and I will be very interested to see what/how SD react to a legal claim via court.

Ive SAR’d them, worked out my PPI refund (I was mortified when I realised I was paying this – at times £30 per month!). So in the next day or two I will be sending them a ‘refund me’ letter but I don’t hold much hope. So, I’m fully prepared, after eight weeks to take legal action.


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

Share this post


Link to post
Share on other sites

TheDude1 ... any updates re this?


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

Share this post


Link to post
Share on other sites
TheDude1 ... any updates re this?

 

Hi mate,

prelim & lba were sent a few weeks ago, they are looking into it and have stated to give them 8 weeks, which will be roughly end of august.

 

But I don't hold much hope of them 'sorting it' and giving me a refund... To which I will issue a claim!

 

:-)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...