Droyds setlement offer, any advice? catalogue debt (Redcats).

[TheLion]

Just checked the credit file and there is no date with regard to any default listed for this debt. Also, none of the payments show as red, just continuously three months behind.

[dx100uk]

well three late payments will be atleast 3*£12 late fees for sure

 

dx

[havinastella]

What have you done about this debt since last August?

[TheLion]

Havinastella, we have been paying it monthly via pro-rata that we set up.

 

Think that it might be worth doing a SAR to them to check what dx is stating.

 

Any idea why there is no default notice? They did state at one period that papers were being prepared for court. Can they do this without a default notice?

[TheLion]

Can anyone help with the following:

 

1. Do we send a SAR specifically requesting details of any charges, or do we request everything?

2. Can you still reclaim charges of £12?

3. Can you still claim interest on any charges?

[dx100uk]

1.just send the sar as is.

2.if within 6yrs easy. outside harder.

3. yes you use their int rate and put it in the CISHEET spreadsheet.

 

dx

[TheLion]

Thank you dx.

 

Can I find the 'spreadsheet' on this site?

 

We have noticed that there is no mention of charges in the credit agreement

but it does state that they charge fifteen pounds for a payment reminder letter.

 

Also, do you not use the interest rate that a court would award?

 

We have claimed some charges back from Capital One many moons ago

and that is what we used then.

 

Is it different for catalogue debts?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

its the same process as you did with cap1

their APR you use in cell d 15 of the CISHEET

 

dx

[TheLion]

SAR is done and sending off tomorrow to the Data Protection Compliance Officer at Redcats (UK) PLC as they are the OC.

 

What interest rate do we use if there are charges, which there obviously are, is it the 26.8%APR or the Annual Interest Rate of 24%?

[dx100uk]

the highest you can find:lol:

 

they'll soon pull you up if its wrong.

 

dx

[TheLion]

Thank you once again dx. Will kelp you updated when they reply to the SAR.

[TheLion]

UPDATE:

 

Received leter from Redcats today and they have completely ignored the SAR and just sent us a copy of the credit agreement They are even stating that this is what we asked for

 

This is what we sent:

 

Dear Sir/Madam,

Subject Access Request - S.7 Data Protection Act 1998.

 

Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.

 

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

 

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

 

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

 

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

 

You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

 

 

Any idea of what to do next?

[BRIGADIER2JCS]

You must complain to the Data Controller at Redcats.

 

 

Sir/ Madam

 

Formal Complaint:

 

 

Failure To Comply With Subject Access Request Made Under the Data Protection Act 1998.

 

 

I have received Redcats response to my Subject Access Request date xx.xx.xxxx, a copy of which is attached for clarification.

 

 

I am sure you must be well aware that Redcats has failed to meet the requirements of that request, therefore Redcats Must within 7 working days of the date hereon supply me with all date it holds on me howsoever it is stored.

 

 

Failure to comply will result a complaint to the Information Commissioners Office without further notice.#

 

 

Use recorded signed for post check delivery.

[ims21]

You sent the SAR off on 31st January.

 

They have 40 days to comply so they have until around 11th March to send you your data.

 

Some companies will send in dribs and drabs so I wouldn't be sending anything threatening as yet as they are still within the time limits.

 

Have they cashed the £10 payment?

[citizenB]

UPDATE:

 

Received leter from Redcats today and they have completely ignored the SAR and just sent us a copy of the credit agreement They are even stating that this is what we asked for

 

 

What "exactly" do they say in their letter to you ? Have they put any heading reference on the letter.. something like "response to SAR" or similar ?

[TheLion]

No, as of today they have not cashed the cheque. The letter they sent also states, 'your request for a copy of your credit agreement'. It also includes a very brief summary; start date, current balance, acount status, total arrears, next payment due, payments to be made to and Droyds contact number. Very, very brief.

 

I think that BRIGADIER2JCS has the right idea so I will send the letter and extend the date from seven working days to the 18th March 2014 when the SAR expires.

[dx100uk]

has the 40 days expired yet?

 

dx

[dx100uk]

so its not expired

that could just be one dept replying to you

[ims21]

If you are going to issue a letter I would just say something along the lines of "Thank you for you partial reply to my Subject Access Request and I look forward to receiving the remainder of the data by 18th March 2014".

 

As we are now at 13th Feb and they haven't cashed the payment are you sure they got your SAR?

 

You didn't send a CCA request as well did you?

[TheLion]

No we did not send a CCA Request as well. We know that they received the SAR because they state, 'thank you for your letter, which we received on 7th February 2014'. It is the only letter we have sent to them since 2010.

 

We started the forty day SAR limit from the 7th as that is when they received it.

[TheLion]

Perhaps we should not be too hasty. We will send a letter, not a complaint just yet, as they still have some time left to complete the SAR. Thank you ims21

[TheLion]

Sorry citizenB there is no reference to the SAR on the letter. The only reference to the SAR is that they have received a leter from us.

[havinastella]

Try this one

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387317-Failed-SAR-Before-40-Days-Have-Expired

[TheLion]

UPDATE:

 

Received the SAR from Redcats today:

 

1. They have not included everything that we requested.

2. They state that there are only three charges of £12 that have been applied in the last six years when there are infact four that have ben applied. The 'account record' does not match the statements.

3. They state very defensively, even though we have not mentioned anything about claiming back the charges, that the charges are fair and that in their eyes there is no basis for any claim of repayment.

 

The interest rate stated on the statements is: Monthly Interest Charge at 2.000% (APR 26.8%)

 

What is the next move? We used this calculator the last time we claimed back charges: http://www.moneysavingexpert.com/reclaim/credit-card-charges

[TheLion]

Question with regard to what interest rate to use for the charges:

 

Should we use the 8% non-compounded interest rate that a court would grant if we won or should we use the APR 26.8% that Redcats use? Have claiments had much success via the APR path?