Shop Direct (Linked Thread) - CapQuest A/c Bal: 884

[avfc2012]

In reference to Thread found here: http://www.consumeractiongroup.co.uk/forum/showthread.php?342500-Shop-Direct&p=3759254&viewfull=1#post3759254

 

This thread relates to the CapQuest Account with a Balance of £884.

 

Attached are copies of the Notice Of Default Sums & Notice of Sum in Arrears

 

 

[ATTACH=CONFIG]42184[/ATTACH]

[ATTACH=CONFIG]42183[/ATTACH]

[avfc2012]

Summary of account provided by Capquest (Did ask for statements but got sent a summary)[ATTACH]42193[/ATTACH]

[avfc2012]

[ATTACH=CONFIG]42198[/ATTACH]

 

[ATTACH=CONFIG]42199[/ATTACH]

 

Attached are copies of the Credit reports.

The Experian file shows the Entries under Shop Direct as of April'12 and CapQuest March'13

[dx100uk]

ok

now make two spreadsheets using :

 

This fourth spreadsheet is useful in calculating a regulatory based compound interest award for PPI on a Revolving Credit Account. Or for a PENALTY charges Reclaim. Not all statements are required for this sheet because it will work out the compound interest on the PPI payments you do know about. It will not work out the additional 8% interest, to do that you will need spreadsheet three above AND all of your statements.

 

FosCISheet v101.xls

 

 

one listing every PENALTY CHARGE

 

one listing every warranty or insurance/PPI payment.

 

use their APR.

 

dx

[avfc2012]

Copy of the Charges list.

 

[ATTACH]42258[/ATTACH] £606

 

Copy of the shopping insurance charges.

 

[ATTACH]42259[/ATTACH] £265

[dx100uk]

outstanding bal is wiped out by reclaiming.

 

only issue is marker removal.

 

puzzles me........

 

account opened 22/3/2010

first PENALTY charge 24/4/2010

 

so you missed even the first payment?

 

dx

[avfc2012]

Nope, paid via phone by card and they even admitted that it takes 48hrs to update, but refused to remove the charge as I should of paid it 5days before the due date?? So why have a due date.

[dx100uk]

ok so this one could be difficult then

as its a late payment marker then.

 

dx

[avfc2012]

I sent the following to CapQuest on 22nd of July:

FORMAL COMPLAINT

 

CapQuest Ref: XXX; Original Account number: XXX; Balance: £884

 

It is now the 22nd July 2013, and you have still failed to respond to my emails 5th Feb 2013, 25th June 2013.

 

I will state the facts again – I DO NOT OWE ANYTHING to CapQuest or Shop Direct.

 

I bring to your attention the important points I have made in my previous correspondence to yourselves, yet NO REPLY / ACKNOWELDEGMENT OR ANSWER has been provided by your company.

 

Due to the number of Charges applied to this account, ADMIN Charges, PPI (mis sold) the following details relate to all the accounts held with Shop Direct and sold onto CapQuest and Lowell’s despite being aware of the following information.:

 

1) Lowell Ref No: X; Original Account number: X; Balance: £1080.15

2) Lowell Ref No: X; Original Account number: X; Balance: £173.61

3) CapQuest Ref: X; Original Account number: X; Balance: £884

 

The Charges (PPI & Admin)

1) INS, INT & WAR (PPI) Chg: 1,544.77 Int: 3,245.88 Total: 4,790.65

X ADMIN CHARGES Chg: 228.00 Int: 350.11 Total: 578.11

 

2) INS & WAR (PPI) Chg: 121.40 Int: 269.02 Total: 390.42

ADMIN CHARGES Chg: 204.00 Int: 296.59 Total: 500.59

 

3) INS (PPI) Chg: 96.57 Int: 220.40 Total: 318.97

ADMIN CHARGES Chg: 300.00 Int: 428.90 Total: 728.90

 

Total PPI = £5,500.05

Total Charges = £1,807.60

Grand Total = £7,307.65

 

From this you can see that I am owed far more than what the values of the account’s are.

The balance due to me by yourselves the legal owners of A/c: (3) is a total of £1047.87

*All interest charges is correct and based upon the Rate of each account, which is identified via the attached spread sheets – Interest is also incurred on a daily basis until acknowledgment of PPI & Admin Charges (ALL Spread Sheets for ALL accounts have been included)

 

Please note that since this information was made clear to Lowell’s of the values due to myself, they have taken the decision to write off the accounts, and remove the data from the credit files.

 

If you would like proof of this I will gladly supply yourselves with a copy of the email.

 

There are three outcomes to this:

1) As legal owners of the account, you refund myself the value quoted above which equals £1,047.87

 

2) You continue to believe that I owe money to yourselves, and submit a court claim, within 14 working days of receipt of this letter (delivered by Royal Mails Recorded delivery service).

To which I will defend with all evidence and factual information I have at my disposal, from Shop Direct, Lowells and lack of information supplied by yourselves. Furthermore I will seek compensation due to the inaccurate recordings of my credit files.

 

3) As Lowell, you mark your files accordingly, and remove ALL enteries from my credit files, within 14 working days of receipt of this letter (delivered by Royal Mails Recorded delivery service). Of which I will acknowledge that CapQuest hold no liability and therefore proceed with further action against Shop Direct to recover the monies owed as stated.

 

Due to the timeframe since my first complaint (well over 8 weeks) sent via email to yourselves and no response received, I expect a prompt response from yourselves.

Regards

 

The following is there response (and also to an email pointing out how long they've had the queries)

 

[ATTACH=CONFIG]45468[/ATTACH]

 

Surely they should put there hands up and admit defeat, seeing as how long its take them to get a response from shop direct?

[havinastella]

So why are SD still looking into the problem when Crapquest have 'brought' the account?

 

After the MP scandal there are still SO many more waiting to hit the headlines.

[avfc2012]

what are MP / SO?

I really dont know what else to say or do with theres, they've admitted time frames have passed but also agreed to extend them with SD.

It goes back to the convo I had with SD when the guy said If PPI was missold they would buy back the debt and apply the money to it..

[avfc2012]

Do I still need to keep challenging CapQuest due to them admitting they havent dealt with my query or wait until shop direct respond?

 

SD "PPI Claim" form went back to them this week - I placed in all boxes Please refer to FOS consumer questionnaire as recommended in my main (original) shop direct thread.

[avfc2012]

[ATTACH=CONFIG]46159[/ATTACH]

 

Hi all,

 

I've had a response from Shop Direct regarding the claim on this account:

 

Is there anything further I can do or is it game over?

As they've stated no chance on this one do I have any chance with the other claim(s)

 

[ATTACH=CONFIG]46158[/ATTACH]

[dx100uk]

did we know you'd claimed on the INS to a value more than the reclaim?

 

barring that

the letter is just a std fob off.

 

most companies send a fob off letter 1st off now to deter reclaimers.

 

dx

[avfc2012]

did we know you'd claimed on the INS to a value more than the reclaim?

 

barring that

the letter is just a std fob off.

 

most companies send a fob off letter 1st off now to deter reclaimers.

 

dx

 

yes mate, mentioned in the combined thread http://www.consumeractiongroup.co.uk/forum/showthread.php?342500-Shop-Direct/page7 post #121

 

if it's just the fob off - what's the best way to respond?

[havinastella]

Court papers.

[dx100uk]

so on this ins/ppi you have had more in 'payments to the debt'

than your reclaim?

 

dx

[avfc2012]

The payments under the PPI was £286.50

The Ins Charges are £96.75 + Compound Interest @ 49.9%: £217.67 = £314.24

 

So in theory I'm owed £27.74, but it's not about the money for this one.

 

IF they state yes I was mis-sold on this policy then, they would have no grounds to refuse the other PPI claim for the higher value. Plus the addmission goes towards getting Capquest to acknoweldge that they was mis-sold the debt and incorrectly recording my credit reports as Default.

[dx100uk]

darn this is why I was pleading to get these debts split to individual threads earlier in your mass thread

 

anyhow

 

ok

 

the PPI wont ever get you defaults removed.

that the job of the charges reclaim hopefully.

 

regardless to the fact that you used the ppi etc etc

 

the basis of their letter is mere speculation that processes etc were correct and fool proof

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?378821-LloydsTSB-Loan-PPi&p=4120422&highlight=ppi+success#post4120422

 

is useful in this instance.

[avfc2012]

darn this is why I was pleading to get these debts split to individual threads earlier in your mass thread

 

anyhow

 

ok

 

the PPI wont ever get you defaults removed.

that the job of the charges reclaim hopefully.

 

regardless to the fact that you used the ppi etc etc

 

the basis of their letter is mere speculation that processes etc were correct and fool proof

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?378821-LloydsTSB-Loan-PPi&p=4120422&highlight=ppi+success#post4120422

 

is useful in this instance.

 

So if I do something like the letter in post #10 of that link and fire it off to them even though yhey stated Final response should that matter?

 

Would it be beneficial if I state:

The matter of my complaint is being Mis-sold the ppi not claims on the policy. I was mis-sold by being uncertain as to if I would have been successful for a line of credit if I did not tick the PPI box situated right next to the agreement box"

 

You state: "Insurance is offered after credit has been granted" - My credit agreement shows otherwise. The location of the tick box next to the agreement box indicates that the insurance was not offered after credit has been granted. Please provide documented evidence that this is not the case as this information was not provided in my SAR request.

 

You state: "You were requested to confirm if you were eligible for the cover" - Policy documents were issued after the sale of the PPI, please provide "FULL" evidence that questions were asked and answered to state I was eligible for cover, as this information was never provided in my SAR request. Where you have stated “that a link is provided” please also supply this evidence that the “link” was provided and evidence by way of internet traffic report that this was accessed by myself (provide time/date & IP address).

 

You refer to the Insurance as being optional, nowhere on the credit agreement does it say that the Insurance is/was optional.

 

You state “You do not provide advice and ask that you have read and understood the cover“ by your own admission there is no facility to question any part of the sale of the insurance, but yet you recommend the purchase of insurance cover for protection. Even to this date 31/08/2013 your website: http://www.littlewoods.com/financialservices/en/shoppinginsurancetp01.page states:

· “We’re here for you…It doesn't matter how careful you are, life has a way of sneaking up and surprising you! So why not see how we could help you protect most of your purchases and make your account payments?”

· “ Take out our Shopping Insurance and if your purchases are stolen, lost or accidentally damaged - we could repair or replace most of them”

The use of the word “WE” & WE’RE” indications “Shop Direct” are offering advice and recommendation to take to the insurance.

 

You state “There is no Obligation to discuss other insurance policies customers may have had”, by this admission you have pointed out that despite other insurance covers in place you will still sell the insurance though already covered by another policy, claiming on these policies would then be deemed as fraudulant. Also if there is no obligation to discuss other insurance policies why do your selves request information relating to other insurance policies on your very own questionnaire in sections B3

· Did you have life insurance, please provide details.

· Did you have critical illness insurance, please provide details.

· Did you have home contents insurance that includes accidental damage, please provide details

· Did you have any other insurance policies, please provide details

 

You state “there are many avenues in which a customer can cancel a policy such as Email, written and verbal this gives the customer multiple choices on how to cancel the cover” This statement is completely against the Terms and conditions as laid out in the policy documentation. The Terms and conditions state that all cancelations by BOTH parties are to be done in writing. Please provide myself with evidence that this was the case.

 

You state that I have benefited from the sale of the insurance, where Shop Direct cancelled the insurance without any notification, leaving my account to run into default when a claim for unemployment could have been made, and thus selling the account to a third party and leaving defaults recorded on my credit reports, can you please explain or provide evidence that by doing this is being beneficial to myself?.

 

Regardless of any claims made on the policy, the matter at hand is the evidence I have provided to prove that the policy was miss-sold, with that being said and the figures provided by yourself, I expect the following:

The policy is acknowledge at being miss-sold.

A repayment premium which is made up by the following:

(A) Premiums Charged, (B) Interest accrued and applied as per account APR (49.9%), © Claims made against the policy.

 

(A+B) less © = (96.57 + 218.52) – 286.50

315.09 – 286.50 = £28.59

 

The figure of £28.59 does not include any charges that were applied to the account.

[avfc2012]

Additional Line to add:

 

Your agreement also states "the terms relating to credit for the product can be found above and in "Further Terms and Conditions" in this agreement. The agreement document I have in my possesion does not refer to any terms either above or within the "Further Terms and Conditions" Please explain.

 

Copy of the agreement attached.

[ATTACH=CONFIG]46168[/ATTACH]

[dx100uk]

certainly never give up on whatever creditors say in their first letter

9/0 it will always be a rejection.

 

its a chess game to make you give up.

 

dx

[avfc2012]

Do you think that the points I have made are relevant esp. the parts where she has contradicted T&C's, the way they offer the ins on the website, and the bit about other insurances & lack of checking suitability?

[dx100uk]

yes I spotted those myself when I first read the letter.

 

i'd not pad the reply out too much

 

keep it short and simple

 

a lot of you replies

although correct

 

contain far too much info for the points you are making to remain the focus.

 

dx

[avfc2012]

Update.

I got a reply back from my letter, they said

"We note your comments from your letter with regards to the decision made on this case

however, we can only reiterate that our decision remains the same and no refund of insurance will be given.

Whilst we appreciate this may not have been the outcome you had hoped for we can confirm that this case has now been closed".

 

Bit of a kick in the nuts.

 

However, my brother has been dealing with my mom's KandCo ppi re-fund (I live in same house as mom)

and he's successfully got them to refund 1.5k, so

 

 

I rang ShopDirect and mentioned this to them,

I also stated that as my mom's finances are her own I did not know that House Insurance (contents)

has been paid for within a mortage deal with the Halifax in my parents name,

and also that Life Insurance Policy covered the whole house hold.....

They are now looking back into my claim.