NewDay Ltd / Debenhams Store Card Assigned to Lowells

[ccholland]

Morning,

 

 

Would someone mind taking a look at the attached (if it works!) please and letting me know what they think?

 

 

Many thanks.

 

Hi,

 

 

Have managed to convert to PDF so hopefully can see it better!

[ccholland]

Basically I have an email reply from NewDay as follows with the 'application form' attached and nothing else:

 

 

 

 

''I write further to your email of 19 January 2015. Thank you for highlighting your concerns and giving me the opportunity to investigate these matters.

 

I understand your concerns relate to your account being sold to Lowell's as you advise that this account is in dispute due to not receiving a copy of your original Credit Agreement. Furthermore you believe we have not provided the correct information in relation to your request under Section 77-79 of the Consumer Credit Act. You therefore request that your account is returned to NewDay for resolution of your dispute.

 

Please refer to our letter dated 7 November 2014. To reiterate, I can confirm that we have provided you with all the information we are legally obliged to provide in relation to Section 78 of the Consumer Credit Act. A copy of your Credit Agreement was first issued to you on 9 October 2014 and again on 7 November 2014. This has been provided again today (attached) and our letter has been sent recorded delivery to ensure safe receipt.

 

I can confirm that your account was sold to Lowell's in line with our business policy and we are legally entitled to transfer your account due to the level of arrears. I must advise that the content of your email does not reveal any reason, legal or factual, as to why the debt owed is not due and payable.

 

Again we confirm that you are liable for repayment of the outstanding balance of this account and we will be not be bringing the account back to NewDay. We have contacted Lowell's to confirm that we do not agree that this account is in dispute.

 

I trust my letter clarifies matters for you and that it offers a fair explanation to the issues you have raised. Regrettably, we have now reached the end of our internal complaints procedure, therefore we will not correspond further regarding this matter.

 

You are entitled to refer your complaint to the Financial Ombudsman Service. I have enclosed a leaflet within the postal letter, which explains how you can do this. If you decide to contact them, it must be within six months of the date of our original letter that was issued in November 2014.

 

Yours sincerely,

Executive Complaints Team''

[ccholland]

any thoughts?

[AndyOrch]

Responding to your PM ccholland

 

What date is the agreement and have they provided the T&Cs overleaf as stated above?

 

Have they provided a statement of account and also the FCO leaflet ?

 

Regards

 

Andy

[ccholland]

Hi Andy,

 

 

Thanks very much for responding so quickly, much appreciated.

 

 

The date is 14th May 2001.

 

 

T & C's provided in the letters they make reference to were for a Santander Credit Card not a Debenhams store card provided by GE Capital Bank at inception (2001).

 

 

They have not provided a statement of a/c - just a one line in covering letter stating how much the debt is for.

 

 

They provided a FOS leaflet in their original letter dated 16th October 2014.

 

 

What do you make of the form I have provided?

 

 

Thanks again.

[AndyOrch]

It appears to contain some prescribed terms but it refers to see overleaf...where is overleaf.?

 

T&Cs to a wrong card are pointless...therefore the request has only partially been complied with.

 

Statement of account is fine as long as there is a figure...they are not at liberty to supply a full statement.

 

So its now with Lowells and they are the legal owner...stop communicating with NewDay/Debs and what stage are Lowells at with their mind numbing nonsence missives?

[ccholland]

There is no overleaf provided by them at all. Do you think they could use that doc even though it is an application form?

 

 

Removed

 

 

Lowell's are at the 'intro' stage however following my email the other day mentioned earlier they are 'looking into my concerns and will come back to me once they have investigated.'

 

 

(I am just surprised that NewDay have offloaded this so fast without even passing to an inhouse outfit first).

Edited January 21, 2015 by Andyorch
personal info removed

[AndyOrch]

Then it is in complete...send Lowells a fresh CCA request

[ccholland]

Ok thank you.

 

 

Did you remove the one sentence I posted - as I did it I thought maybe I shouldn't in case others reading

[AndyOrch]

:wink:Yes I did

[ccholland]

thanks again, much appreciated.

[AndyOrch]

Important to head the request this time " I do not acknowledge any debt with your Company "

 

What date was last payment made on this account?

[ccholland]

Will do.

 

 

Last payment was only in Sept last year.

[ccholland]

I am more than willing to repay what I owe (less charges and account cover if possible).

[ccholland]

Morning,

 

 

What do you make of the content of the following which was in an email sent to me about 10 minutes ago?

 

 

''Further to your email dated 20th January 2015, I can confirm we have sent a copy of the original Debenhams agreement that was signed in 2001 as required by Section 78 Consumer Credit Act 1974.

 

Further to this, the agreement complies fully with the Consumer Credit Agreements Regulations which applied at the time.

I trust this resolves matters for you, however If you remain unhappy and do not feel we have resolved the complaint to your satisfaction you are entitled to refer your complaint to the Financial Ombudsman Service.''

[AndyOrch]

From who?

[ccholland]

NewDay Executive Complaints Manager

[AndyOrch]

Not dealing with them now.......Lowell is your priority

[ccholland]

No problem - I have filed for later use if need be.

 

 

If you don't mind though what do you think of the statements in the email?

 

 

Thanks.

[AndyOrch]

What that it complies with the Consumer Credit Agreements Regulations ?

 

Well they are bound to say that...obviously

[ccholland]

That's what I was hoping you'd say

 

 

Thanks again - will keep you posted if anything further develops with Lowell's - am ignoring NewDay from now on. Will also keep posted once (if) I get a response to my SAR request re GE Capital - will be interesting to see what comes from that!

[AndyOrch]

[ccholland]

They are coming at me thick and fast this morning.....

 

 

I have just received an email from a Customer Relations Officer at Lowell's as follows:

 

 

 

 

''Thank you for your further email dated 20 January 2015, addressed to ****. I have noted your concerns and will be the Customer Relations Officer investigating your complaint.

 

You have advised that the response from NewDay Ltd to your request made under the Consumer Credit Act 1974 did not fully comply with the requirements of the Act. I would like to fully understand why you believe that they did not comply with this request and would ask if you could advise me of what was missing in their response. This will enable me to dispute this matter, in more detail, with NewDay Ltd and resolve this matter.

 

In the meantime please be assured that the account will remain on hold.

 

Thank you for your assistance and I look forward to hearing from you.''

 

 

 

 

 

 

Any thoughts on this one please?

 

 

Thanks in advance.

[AndyOrch]

Ignore....don't assist or forewarn ...just send them fresh request and they can decide for themselves whats missing.

 

Andy

[ccholland]

Ok thanks Andy, that's what I thought.

 

 

Will leave you in peace now.