Is it unreasonable to claim compensation? for my store cards

[Guest Alison82]

Hi

 

Does anyone have any information on account cover and similar with GE Money or other comapnies. I just cam accross these this morning when checking my Topshop staements and I found one post suggesting they are similar to PPI's!!!! http://www.consumeractiongroup.co.uk/forum/store-cards/68368-storecards-ppi-account-cover.html

 

I'm sure I didn't agree to that!!

Anyone?

Thanks

[kippy2]

if you didnt agree then missold so get it back. they whopped it on mine without my say so halfway through. got it back though with contractural interest rate and 8%

[Guest Alison82]

I definelty didn't apply for this! How did you find and apply the contractual interest rate?

 

Thanks for your reply

[kippy2]

it should tell you monthly on your statement x that by 12 to give apr. knowing ge money its around 29.9% :o

 

have a look in the ppi forum aswell lots of useful info in there

 

http://www.consumeractiongroup.co.uk/forum/ppi/61081-ppi-some-notes-claimants.html

[Guest Alison82]

Ok, thank you!

[Guest Alison82]

Hi

 

I have gone over my statements from Argos (which I have now misplaced!!) and have worked out the charges, I also wrote to them asking for a copy of my signed credit agreement, I was looking at it and I think they have forged it as under the PPI box the box for no is crossed and the box for yes is ticked, now at the time I was about 18 so I know I wouldn’t have even thought about protecting my account!! I think it is strange how there is a cross and a tick as in the box where you enter your title I have crossed miss and it looks like the same cross at the no box for the PPI but the boxes asking what other cards you have I have ticked these but these ticks do look slightly different than mine!!

 

Is there anyway I can find out and is it possible to ask for my statements again as I can’t find them?

[Guest Alison82]

Hi guys, can you have a read over this and tell me if it is ok, I see it as I don't expect and get frustrated with template letters from companies so why should I send one to them? Have a read and let me know where I can improved it, thanks!

 

 

 

Dear Sirs

 

Re: Account number: xxxxxxxxxxxxxxxxxxxxxxxxxx

 

You may be aware of the recent publicity surrounding penalty charges and their breach of The Unfair Terms in Consumer Contracts Regulations 1999.

 

Contractual law clearly states that financial institution such as yours are entitled to apply penalty charges to an account but not at an excessive rate. These charges must reflect the true pre estimated costs incurred that the breach of contract has caused the company. The UTCCR is an act that all contracts must adhere to in the UK (please look up for your own reference).

 

I strongly feel that you have charged me excessive rates when applying penalty charges to my account between 2002 and 2007 and you have also charged me interest at a rate of???% for the pleasure of doing so!!!

 

Therefore the total of charges is £??? Plus £???? Interest amounts to £?????(See enclosed).

 

Contractual laws are put here to protect the rights of the consumer as well as the company and these laws also apply to you. The law very clear on this matter, if you have been penalised for a breach of contract by means of disproportionate penalties, regardless of how the breach came about, then you have grounds to recover monies owed to you. Companies are not allowed to make a profit from penalty charges regardless of what it states in their terms and conditions; all contracts, terms and conditions must be inline with English contractual law.

 

Additionally I have now been made aware that you have been applying ‘???????’ (PPI cover) at a rate of £??? per £100 which I did not ask for! Unless you can provide me with proof of my request of this additional service I will be requiring the refund of £????? Which has been applied to my account monthly from????? (See enclosed).

 

This brings the total to £???? to be paid directly into my account any surplus is to be paid by cheque.

 

Lastly I would like to bring to your attention the example set out below;

 

Example:

If my minimum payment is £15 due on the 30th of every month but you have applied a penalty charge of £15 that month which has now increased my minimum payment to £30, now I cannot afford to pay the £30 so I pay my usual minimum payment of £15 on the 25th (allowing 5 working days for my payment to reach you).

 

When I receive my next month’s statement my minimum payment is £45 as I did not make the minimum payment (as you would like) by the 30th and have incurred another charge and this payment is marked as LATE.

 

Each month the debt increases, so does the interest and insurance premium and the late payment markers.

 

Therefore I would like for you to remove ALL adverse information you have passed to the credit reference agencies i.e. Late Payment Markers between the dates shown. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require these requests to be carried out with the next 14 days. If this is not carried out fully or to my satisfaction or with the time period I will seek legal action through the small claim court where I shall be applying an addition 8% interest plus my court fees and where you will be required to fully justify your actions in front of a judge without further notice.

 

To Clarify:

I require the refund of all penalty charges £? refund of all PPI payments £???? (with interest at the rate of??? %) payable as above, plus the removal of all adverse data supplied to all credit reference agencies; within 14 days.

 

If you feel that your charges are fully justified and do reflect actual costs then please provide me with a breakdown of what your penalty charges consist of along with a my signed request asking for any form of payment protection insurance as this will be asked for in court at a later stage. I would advise you to familiarise yourself with this process and the recent attention that high street banks are facing due to this very issue or seek assistance from your legal department.

 

Please do not attempt to brush me of with template letters and leaflets and please address each issue rather than skirt around the situation. Do not presume that I will ‘go away’ after you tell me that you will not carry out these requests as I will not and I am prepared to take this to court (and have done so any times before) and make it as public as possible!

 

I look forward to a swift response.

 

Yours faithfully

[ladybird17]

Is there a particular reason as to why you're not using the standard LBA from the templates?

[Guest Alison82]

Yes I don't expect when I write to a company to get a standard template letter so why should I send one to them. I know it needs work (a bit stropppy in some places other bits may be irrelevant) that’s whey I wanted your advice.

[steven4064]

I suppose you don't have your original signed agreement? Probably a stupid question.

 

You can get another copy of your statements although you might have to wait a bit. Section 8 (3) of the DPA says,

 

"Where a data controller has previously complied with a request made under section 7 by an individual, the data controller is not obliged to comply with a subsequent identical or similar request under that section by that individual unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request."

 

It doesn't specify what a "reasonable interval" is. However, they might be nice to if you explain the circumstances.

 

 

Once you have new copies (or find the old ones) you could check whether you were charged for PPI or not. That would give some indication. If they have forged it then they have committed a criminal offence. It would be a very serious allegation, so make sure of your facts.

 

Steven

[ladybird17]

Well I shall be totally honest!!

 

I think it's far too long. The banks have heard the arguments too many times before about them adding charges and that's why you can't afford to pay them. You are telling them what to do and who to consult and I don't think that will aid your case.

I think it will get pushed to the bottom of the pile as they won't want to read it all and eventually you will get the same response as you would have done if you had sent the standard letter.

That is my VERY humble opinion, and of course the decision is yours as to what you send. Whatever you decide, I do wish you the best of luck and please keep posting so that we know your progress!!

[nicsussex]

I think that Ladybird is probably right - it will go to the bottom of the pile. However that is assuming that these letters are actually read by anyone (of which I have my doubts).

 

I think you may have a point though that whilst the template letters have been proved to be highly succesful, they have now been used so many thousands of times that maybe they should be 'tweaked' a little just to freshen them up.

 

You're also right that it is a bit stroppy in places and irrelevant in others those are the bits that need attention - keep us posted on how you get on.

[Guest Alison82]

Ok, thanks! This is going to be for store cards and catalogues rather than banks (done them), at the end of they day I am still asking for the same thing with the same deadline so if it does to the bottom of the pile they still would need to stick to my deadline of 14 days other wise court action.

 

Maybe I should save myself the trouble and just stick to the standard template, but I am requesting 3 things (refund of charges, refund of PPI payments, and removal of late payment markers)

 

Thanks

[Guest Alison82]

Hummmm, thanks for that!!! No I don't have the original; I will have to get the statements again before I know either way. If I have been paying PPI and both boxes are marked what can be done about it? How can I prove I didn't ask for it? Is it for them to prove that I did ask for it???

 

Thanks

[steven4064]

The only sure thing will be if the box is checked but the statements indicate you have NOT being paying for PPI - that would indicate the form had been altered as you suspect but it would still be very hard to prove it had been altered/forged. They could just argue it was an administrative error - you asked for it but they 'forgot' to apply it to your account.

 

If the statements (when you eventually get them/find them) show that you have been paying for PPI, the form is consistent with that. However, I think you would have adifficult time persuading anyone that you didn't ask for PPI or at least agree to it being applied to your account.

 

I don't think they would have any difficulty in 'proving' that you did ask for PPI - after all they have a form with the appropriate box ticked. You would have to get forensic evidence that the form had been altered - no one in authority would take you seriously, I'm afraid, unless you could show Argos has a history of such tactics - which I am sure they do not.

 

However, if it turns out you have been paying for PPI, then you can claim it was mis-sold and claim it back (see http://www.consumeractiongroup.co.uk/forum/ppi/80582-ppi-claims.html)). The fact that you were 18, etc would be extra corroboration that PPI was mis-sold - maybe, even that you didn't realise at the time that you had even bought it at all.

 

Either way, the PPI issue can be resolved. Either you haven't being paying for it or, if you have, you can claim back the payments you have made on the basis that the PPI was mis-sold to you.

 

Steven

[Guest Alison82]

Ok, thanks, what if I was to get copies of other credit agreements taken out at around the same time that did not ask for PPI, that would show that if I didn’t ask for it from anyone else why would I with Argos (at the time the credit require was for £150, not sure what this was for!!) so why would I requite PPI for £150!? I took out any Ikea card at around the same time.

[steven4064]

It's an argument you could try but I don't think it is very convincing. I am sure your best bet is to claim PPI was mis-sold if it turns out that you have been paying for it.

 

Your argument is corroborative evidence for mis-selling. Ikea didn't sell it to you (because they/you didn't think you needed it). on the otherhand, Argos made a convincing (at the time) argument that you did need it or just slipped it in when you weren't looking - that is they mis-sold it. Go for that.

 

I know it is tempting to want to prove criminal intent/action and vent you feelings with some of these organisations we feel have ripped us off but you have to go with what is practicably achievable and sit on your anger. Vent it here by all means, but treat Argos, etc with the utmost 'professionalism' and coolness. Get your facts right, set the timescales for what you want, and stick to them. It is the best way and will get you justice in the shortest time.

 

Steven

[Guest Alison82]

I know it is tempting to want to prove criminal intent/action and vent you feelings with some of these organisations we feel have ripped us off but you have to go with what is practicably achievable and sit on your anger. Vent it here by all means, but treat Argos, etc with the utmost 'professionalism' and coolness. Get your facts right, set the timescales for what you want, and stick to them. It is the best way and will get you justice in the shortest time.

 

Very true!! thanks

[Guest Alison82]

Hi all!!

 

I am about to send of my pre-lim letter for my store cards but I was considering to claim compensation, how unrealistic is this and is there a good method as to working this out?

 

These charges really did affect me big time (as I know they do for other people too) considering I only earnt £250 per month at the time being a student and having charges of about £100 per month, in most cases the charges were grater than the value of the purchases!!

 

Is there anything I can do about it?

 

I found this

 

13. - (1) an individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

(2) An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if-

• (a) the individual also suffers damage by reason of the contravention, or

• (b) The contravention relates to the processing of personal data for the special purposes.

(3) In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.

 

 

Any thoughts??

 

Thanks

[rory32]

My understanding is that you can claim compensation but you would need to provide specific evidence as to why you should be granted compensation. You would need to quantify how you have been effected.

[PPMAN159]

Might be a trickly thing to prove and if you try and the Judge feels that the compensation you are claiming for is unreasonable then he/she may well throw the whole claim out.

 

So unless you can get cast iron detail for the compensation claim,I would stick to just claiming back the charges and the 8% interest.

[Guest Alison82]

Hi

 

And what type of evidence would I need for that, this must be why people don't really do it, but then there is a chance that they will settle before it comes to that if the compensation is about half of the charges?

 

Thanks

[rory32]

You could always put in your claim the clause of compensation awarded at the discretion of the court. That might get around the problem, but then again it might not.

[rory32]

Alison I think this sums it up (particulars of claim 6.) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[tifo]

My understanding is that you can claim compensation but you would need to provide specific evidence as to why you should be granted compensation. You would need to quantify how you have been effected.

 

This is very difficult.

 

I have instances of unlawful defaults by the wrong company, multiple defaults by 3 companies for 1 account and instances of maintaining defaults when they should have been satisfied.

 

Yet, the only hurdle is trying to prove that only their default affected me in any way, especially as i have other defaults (like many people here).

 

Of course, each default makes a dent in my credit score, but how does anyone prove this?