NewDay Ltd / Debenhams Store Card Assigned to Lowells

[ccholland]

Anyone?

[BRIGADIER2JCS]

Anyone?

Hi CC,

From what dept. of New Day is this letter coming?

 

 

I suggest escalating this as a formal compliant to James Corcorran the CEO at New Day.

 

 

Point out to him that the documents provide to support their claim in regard to the " Debenhams Store Card" are not those that would have existed at the inception of

the account as is required for a " reconstituted" agreement and therefore the document does not satisfy the CCA request under section 77/78 of the CCA 1974.

 

 

Amend to suit.

[ccholland]

The title used by the person on the letter is credit data management

[BRIGADIER2JCS]

The title used by the person on the letter is credit data management

Desk Jockey with no authority and little knowledge it seems.

 

 

See post #27 amend/edit as you wish.

[ccholland]

Thank you very much for your input, much appreciated. Will do that

[BRIGADIER2JCS]

Thank you very much for your input, much appreciated. Will do that

Happy to help, please keep us up to date!

[ccholland]

Will do.

[ccholland]

Afternoon All,

 

 

Following my letter I sent to James Corcorran I received a letter today not from him or even a PA but from some other 'desk jockey' from their 'Executive Complaints Team' stating the following:

 

 

'I understand you believe (I don't believe - I KNOW) we have not provided you with the correct information in relation to your request under section 77/78 of the Consumer Credit Act. I can confirm that the Debenhams account you have is a running Credit Agreement and we have provided you with all the required information in relation to Section 78 of the Consumer Credit Act. A response was issued to you enclosing a copy of your signed agreement and the terms and conditions on 9th October 2014 (NO IT WASNT - THIS WAS A COPY OF AN APPLICATION FORM AND THE CURRENT TERMS AND CONDITIONS OF A CREDIT CARD!!).

I must again advise that we have provided you with all information we are legally obliged to supply. I trust my letter clarifies matters for you and that it offers a fair resolution to the issues you have raised (not even close!!). If after consideration you would like to discuss any of the above points further please do not hesitate to contact us. Alternatively if you remain dissatisfied you must now refer your complaint to the Financial Ombudsman Service as our internal complaints process has been exhausted and we have now reached a stage of deadlock. We will therefore not correspond with you any further in relation to this matter.'

 

 

Any thoughts please as I am absolutely astounded and lost for appropriate words at this point!!

 

 

Thanks.

[filrobbo]

Have you been paying this debt, and if it was take out before 2007 then it must have your details on it, and must contain your signature for it to be a enforceable.

[ccholland]

Hi - I had been paying up until a couple of weeks ago when they failed to provide a copy of the docs I requested. They have sent me a copy of the application form not the original executed agreement as this is a pre-2007 card. The terms and conditions should be as they would have been at inception of the account however what they have sent is a copy of the terms and conditions for a Santander credit card! I will try and scan copies up if my printer will play ball. This account was originally with GE then went to Santander and is now NewDay.

[filrobbo]

I believe this debt could well be unenforceable, but lets see what the others have to say.

[theoldrouge]

they havent complied, stop chasing it

 

youve ceased payments, leave it at that for now

 

they can ask nicely for payments but

 

they cant enforce until/unless they comply

 

http://fshandbook.info/FS/html/FCA/CONC/13/1

[filrobbo]

That's just what I was thinking theoldrouge.

[ccholland]

Thank you both for your input, much appreciated. I can't believe their arrogance though - total disregard of the rules these companies are supposed to abide by! Its very annoying and frustrating!

 

 

As they technically cannot enforce until such time as they do produce (which I don't think they can) the proper documentation can they register a default (not at that stage yet) or pass to a DCA?

[theoldrouge]

Thank you both for your input, much appreciated. I can't believe their arrogance though - total disregard of the rules these companies are supposed to abide by! Its very annoying and frustrating!

 

 

As they technically cannot enforce until such time as they do produce (which I don't think they can) the proper documentation can they register a default (not at that stage yet) or pass to a DCA?

 

yes , anything short of obtaining a ccj

 

just sit tight and dont chase the request

[ccholland]

Ok - thank you again

[filrobbo]

If they do send to DCA then you send a letter stating debt in dispute, if they attempt to get a ccj then your defence is they didn't comply to your request.

[ccholland]

ok - thanks again

[filrobbo]

By the way is there any charges or PPI added on to this card.

[ccholland]

There was unfortunately and when I realised I telephoned them and cancelled it about 3 years ago. I know that I could potentially reclaim but that could be a hassle in itself! Funny though on the application form there is a section called 'Protecting Your Account' and I have signed in the wrong place for the Account Cover so could maybe challenge it - although I feel that I naively signed for it so morally I shouldn't try and claim - although I cant remember if was talked into it so that I could get the card as I applied in store.

[ccholland]

would it be worth me sending a SAR?

[filrobbo]

You was paying PPI

[ccholland]

I know - blinking stupid of me but the balance was never high so it was very minimal - only noticed properly 3 yrs ago when I made a big purchase and then the amount on the next statement was higher - I know better now

[filrobbo]

Have you got all your statements

[ccholland]

I have a few from the last few yrs but not all since inception