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Debenhams v fifixx


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  • 2 weeks later...

SUCCESS!!!

Received letter this morning saying even though they think they are justified charging - they offer me a full refund of the £60. Consumer Action Group: Thankyou and i will donate to the site now 10%.

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Hi could you give me the address you requested statments from as i have requested mine from Debenhams and have not heard anything and the 40 days runs out soon, and am getting worried. also did you use the standard letters or are there any adjusted for store cards?

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Below are the addresses and the 2 letters I sent - I got the statements within about 3 weeks. I then sent a letter requesting the refund - and that was all - they sent me a cheque next. I suppose it wasn't worth them fighting for a small sum. They also didn't cash my £10 at all.....

1st letter for statements:

Sarah Wainwright

Data Protection Administration, GE Money, PO Box 700, Leeds LS99 2BD

 

Data Protection Act 1998 Subject Access Request

 

Dear Ms Wainwright

ACCOUNT NUMBER: XXXXXXX Debenhams Store Card

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully

 

2nd asking for refund:

GE Money, PO Box 700, Leeds LS99 2BD

 

27th February 2007

Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxxxxxxxx

My request:

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities:

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

I calculate that you have taken £60.00. As advised in my Data Protection Act request, I am also reclaiming the statutory £10.00 Data Protection Act fee. The grand total of the above is £70.00 and I enclose a schedule showing the charges & interest which I am claiming. I request that you refund this amount in full, payable by cheque directly to me. I enclose a schedule of the charges which I am claiming with this letter.

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Yours faithfully,

 

Hope this helps!

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fifxx thank you it helps alot, i have sent mine to a london address, probably debenhams head office will check to see if it has been signed for, if not maybe i should resend to the address you sent to? Mine should also be for a small sum so heres hoping that they settle as quick as they did for you. Well done

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  • 9 months later...

philippos83

 

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