Shop Direct Charges Reclaim - Seeking Advice

[B_B19]

Just thought I'd take the time to update the thread.

 

In regards to the unlawful charges by Shop Direct,

I wrote to the ICO who advised that the FOS had to adjudge the charges as unlawful before they would consider my complaint or that I could issue proceedings under the DPA should that not be successful.

I am currently waiting for a reply from the FOS though before taking any legal action.

 

I have started managing by DMP myself now and have made offers to the remaining creditors, some of which have been successful.

 

In regards to the NCO & Robson Way accounts

I have done CCA requests of which the 12 + 2 days is up today.

 

I have received acknowledgment letters from them

however I have not received any of the documents requested.

 

Is there anything else I should be doing now the time limit is up or should I just let it run its course.

 

I believe on of the accounts is dated post April 2007 and one is dated pre April 2007.

[dx100uk]

I wouldn't be blindly paying anyone without an enforceable CCA return.

those that have failed to comply

one option is to cease payment.

 

 

DONT enter into any pointless letter tennis either

[B_B19]

OK good to know, thanks for your advice.

[B_B19]

Good morning - I am posting further to the response I have received back from the FOS, who have confirmed that they are not willing to uphold my complaint regarding Shop Direct’s (SD) unlawful charges.

 

I think I am going to have to issue court proceedings in order to have the closure date on the account updated on my credit file. In my conversations with the ICO they confirmed I would be able to bring about an action under the DPA, however I am not sure how I would go about this as SD have refunded the monies I don't think I can issue proceedings in the usual manner as I am not claiming for any outstanding monies, I do however intend to claim for any costs I occur in the issuing of court proceedings.

 

Please could someone point me in the right direction in order that I can being about an action?

 

 

Many thanks

[ericsbrother]

read all about VCS v Philip, it is about claiming without showing an actual loss. You will find it on the Parking pranksters Decemeber blogspot. there have been further cases which bolster this so look out for them as well

[B_B19]

Brillaint thanks that is just what I was looking for. I have already issued an LBA on this matter however do you think I should go through the initial letter/LBA process again as I believe my original letters were silent in relation to the DPA?

[B_B19]

I ended up starting the whole process again with Shop Direct this time just refering to the DPA, the 14 day letter is up tomorrow so I will issue the LBA then,

 

I am fully expecting that I will need to issue Court Proceedings so I note from VCS v Philip that nominal damages of £250 were awarded so is that the figure I should claim for, should I have to issue proceedings or is that just something that the Court would consider if it gets to a hearing?

[dx100uk]

you claim for the full charges @ CI not just damages but use that tact.

[B_B19]

SD have already refunded the monies (albeit as a GOGW) am I still able to put a claim in for the even so?

[B_B19]

I am planning on sending the LBA to SD today, as SD have already refunded the charges as a GOGW please could someone advise if I am still able to claim for the charges or should I just refer to the DPA in order to that the closure date on the account is updated?

[B_B19]

I have finally heard back from SD with a letter dated 3 March 2017 to my latest address

(curious considering I didn't advise them of a change of address until my letter of 14 March 2017!).

 

It appears that it is an attempt to delay matters,

they are asking for identification from me in order that they can correspond with my at my new address.

 

 

As mentioned above I sent them a signed letter on 14 March confirming that I have changed my address so I do not beleive any further evidence is required. Just wondering what my next steps should be?

[dx100uk]

ctax bill

 

 

I take it this is to do with your charges reclaim?

[B_B19]

I think I'll have to send my driving licence as I don't have a ctax bill. Yes to do with the charges although they have been refunded so I just want the account removed from my record.

[dx100uk]

water bill lekky bill

cant see what a dl provides them they dont

[B_B19]

OK thanks I have sent something off together with a reminder that if I do not have a satisfactory response by Tuesday I will be issuing proceedings.

[B_B19]

I have not heard anything back from Shop Direct even after allowing an additional weeks grace period.

 

 

I need to go ahead and issue proceedings,

 

 

is there any guidance anywhere on how this should be done?

[Bazooka Boo]

https://www.gov.uk/make-money-claim-online

[B_B19]

Hi all

- I have had a claim issued now

 

however I forgot to put the account number in the Particulars of Claim

SD have raised issue with that.

 

I have spoken to the Court and they have advised it will be £100 to apply to have the POC amended.

 

Just wondering if there is any need to do so though as it is clear from all the evidence I have which account number this case is relating too,

if I supply all that it will satisfy the Court.

 

The Court has also suggested mediation

is it worthwhile doing that or should I just go stright to a hearing?

[Bazooka Boo]

AFAIK, you should always accept mediation, but hold fire for others to confirm/deny first.

 

DON'T give them ANY wriggle room, if they have already questioned the claim due to missing info the correct it. It may well be £100 well worth spent, and don't forget it is added to your claim anyway.

[B_B19]

OK thanks the Court papers say mediation is volunatary - I'll go through that first though to demonstrate that I am co-operative I think. I will go ahead and get the claim amended too - thanks for your help.

[Bazooka Boo]

Excellent,

[ericsbrother]

you can add the account number to your witness statement unless they are claiming that they cannot identify you by their vigorous credit checking and vetting procedures

so cant possibly have charged you anything in the first place.

 

 

Hi all

- I have had a claim issued now

 

however I forgot to put the account number in the Particulars of Claim

SD have raised issue with that.

 

I have spoken to the Court and they have advised it will be £100 to apply to have the POC amended.

 

Just wondering if there is any need to do so though as it is clear from all the evidence I have which account number this case is relating too,

if I supply all that it will satisfy the Court.

 

The Court has also suggested mediation

is it worthwhile doing that or should I just go stright to a hearing?

[B_B19]

OK great thanks,

 

 

in the Defence they have filed

they have acknowledged that I have held three accounts with them in the past so there is no issue here in regards to identification.

 

 

I'll make sure the account number is in the Witness Statement,

I'll also put it in my letter when I serve a copy of the Directions Questionaire on them.