Shop Direct Charges REclaim

[kirstyo]

I have an old catalogue debt that I am planning to SAR but

 

there is a discrepancy between the balance at default and the balance that was passed to debt collection agency.

 

I have it in writing from the collection agency that this is not something they have done,

they have not added any interest etc on to my account

and I have all the statements from them which clearly show this.

 

So I was wondering if I should edit the SAR letter slightly to ask what the difference with the balances is?

Or will that be evident in what they send for the SAR anyway?

 

My current balance is less than this difference

so if I can find out what this is and claim it back it will be one debt cleared!

[Guest]

a sar is for a copy of the data as defined that they hold on you.

 

for full info see the ICO site.

 

so, should include a/c records which should include balance records.

 

a specific request that you mention might not get a specific answer, but can try though?

 

ensure though that your request is for ALL data.

 

have you also done a cca request?

that should require a statement of account.

[kirstyo]

Its not a statement of the account I need,

I need the full statements to claim back my charges and find out where on earth this extra almost two hundred pounds came from.

 

There is no signed agreement anyway, applied online.

 

One more thing, my address is different now,

I have put my new address at the top of the letter but was wondering if I should include the old one

somewhere for clarification, obviously stating that no correspondence is to go there.

[Guest]

as said, a sar should result in certain a/c details/balances. and that usually includes a copy of any statements held. see the ICO site for full info.

have you previously notified them of a change of address? if not, then yes prob would be an idea to include the address that they have had for you.

[kirstyo]

Thanks, iv just stuck a bit in that literally says:

 

In order to help you locate my account I include the address I believe you have on file for me (address)

please note that as I no longer live at this address no correspondence should be sent here.

 

I could not inform them of a change of address,

they will have absolutely nothing to do with me since my account has been sold on

 

they have written to me and told me that several times at my old address

and when I called them to see if I could locate my account number for the letter

they told me they could no longer speak to me because they no longer own the account.

 

they caved in and gave me it when I convinced them I knew what I was talking about

and knew they had to have it,

even at that stage they would not update my address!

[dx100uk]

moved to the cat debt forum.

 

don't change the sar

 

and I hope you are sending this to the original creditor not the DCA.

 

if you have moved

put your old address and include a copy of a util bill

say CTAX

 

to prove where you live now

 

else it will be refused

 

dx

[kirstyo]

Yes to the original creditor. So where should I put my old address? Should I just put the wee bit in that I said?

[dx100uk]

covering letter

 

dx

[kirstyo]

Thank you I will get this sent off tomorrow

[kirstyo]

So the time is almost up and

 

I still haven't received anything from the catalogue,

 

they haven't even cashed the cheque for the fee.

 

Weirdly I did receive a statement of account from them through the debt collector but nothing else.

 

I thought since their time to reply was nearly up I would start getting organised for what to do next.

 

Do I just claim back the charges in the same way that I did with my bank charges years ago?

 

I guess I cant really do anything about the different balances until I actually see what it is that's caused them

 

but thought I would get a head start on the charges letter.

[dx100uk]

CISheet v101.xls

 

put their int rate in d 15

[kirstyo]

Thank you, this might be a silly question but how will I know what the interest rate was? Will it show on the statements if/when I get them?

[citizenB]

Thank you, this might be a silly question but how will I know what the interest rate was? Will it show on the statements if/when I get them?

 

Yes, their interest rate should be identified on their statements.

 

Did you send the SAR by recorded/special Delivery and did you check that it had been signed for on the Royal Mail Track n Trace web site ?

[kirstyo]

Yes I sent it recorded and checked the signature so I know it was received,

 

 

they also sent me a letter saying something along the lines of

'thank you for your sar dated 13/3/14 and the enclosed fee, we will get back to you when we have the information requested'

 

 

but as of today they still have not even cashed the cheque.

 

 

they have another few days though so I will have to wait it out a bit longer.

[citizenB]

If your SAR was dated 13 March, then I think they have until 23rd April to comply. Unfortunately you have the Easter Bank Holiday looming, so it is highly unlikely you will receive it until after that date.

 

However, as soon as the timeline hits the 40 calendar days, you should send them a letter giving them a further 7 days after which time you will consider your options.. eg.. Information Commissioner or Court.

[kirstyo]

If my experience with them is anything to go by I will likely get it on the last available day if at all.

 

 

They will likely get a few more days from me anyway as the 23rd happens to be my mums 50th

and I have major exams the next day.

 

 

is there a template letter I should send them if they don't send me anything?

 

 

I have a funny feeling they wont send anything because they clearly owe me money,

rather than me owing them as they are trying to claim.

 

 

The statement of account they sent shows they owe me at least 20 quid after clearing the balance

and that is without the information about the difference in balance between it leaving them and arriving at the debt collector or interest.

[citizenB]

Yes, we have non compliance of SAR covered.. letter link below

 

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

[kirstyo]

Thank you, I am hoping I don't need it but it is good to know that it is there. I will update this thread as soon as I can after the 23rd, or if I receive something sooner from them.

[citizenB]

[kirstyo]

So the 23rd has come and gone and nothing from littlewoods, although they have now cashed the cheque.

 

 

I have an appointment in the morning so will give them till tomorrows post if there is nothing when I get back I will send the next letter

[kirstyo]

Citizen B - that seems to be the wrong link you have posted, that one is for if you have received something from them which I haven't. I tried to find the right one in the library but I seem to be rubbish at navigating my way round there, thankfully people on the forums are always willing to point me in the right direction.

[dx100uk]

green library tab top left

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387319-Failed-SAR-No-Reply-40-Days-Have-Expired

[kirstyo]

Thank you so much I will get this sent of before post office closes.

 

 

I can find the library, just can never find anything within it. I was looking in the wrong section I think.

[kirstyo]

I sent the no reply letter on Friday, what do I do if I still hear nothing?

 

Capquest made their monthly call to me on Friday afternoon asking me if there had been any progress

(feel like I know this bloke personally now he has been calling

me once a month since august!)

 

I told them they had failed to reply to me and they said they have also sent them an email

requesting they sort this out because this dispute has been going on since august

and capquest will hold the account for another 30 days.

 

Its a bad day for the original creditor when the dca is on your side!