Charges from 8 Shop Direct Accounts,** FashionWorld and Studio Cards WON!!**

[st8]

Hi everyone,

 

Abit more information about the claim if anyone is interested below. But my question is:

 

In everyone's experience how long after a company has cashed your cheque, for a subject request access, do you receive your information in the post?

 

Fashion World and Studio Cards cashed my cheques last week, less than a week after I sent the letters. Should I expect the info soon, or do they hold on for almost 40 days?

 

I thought I would keep this thread going now and update it with how the claims are going. So i'll explain the situation a bit.

 

I am claiming the catalogue charges on behalf of my mom, who has had money troubles for as long as I can remember. She won't claim or do anything like this. So I'm doing it for her as I want her to be free from debt once and for all. If all goes well I hope she will never get a catalogue out again, as these claims could just be enough to get her out of debt and give her another chance.

 

I have sent off for a subject access request to Shop Direct (This is for 8 catalogue accounts), Fashion World and Studio Cards.

 

She has struggled to pay on three catalogues, Fashion World, Studio Cards and one from Shop Direct, Littlewoods. These have had a lot of charges. I thought I may as well ask for the details of the other 7 accounts from Shop Direct, as it is included in the £10 and there may be charges worth claiming.

 

Thanks in advance for answering my question and I'll update once I receive the letters.

 

St8

[bennyowen]

st8,

 

It does not depend on how long they cashed your cheque. It depends on the law, Data Protection Act 1998.

 

The law says that the company has up to 40 days to provide your request. Some companies will respond to your request before the end of 40 days while some others will wait until a few days before 40 days. Well, some others forget until after 40 days.

 

I will suggest that you stay calm until 40 days. But I think they will respond before 40 days.

 

After 40 days, you can then send them a reminder letter with threat of reporting them to the Information Commissioner after a further seven days.

[maroondevo52]

Hello and Welcome, St8.

 

The 40 days start from the time they receive your request, like bennyowen say's, you'll just have to wait until the 40 days are up, before taking further action.

 

They all differ, some will send you a few statements ect, others will send you stacks of stuff.

 

They should send you everything they have on you, if not you can send a non-complience letter.

 

Regards.

 

Scott.

[st8]

Thanks guys,

 

I realise the time scales they need to stick by.

 

I guess when they cash a cheque this doesn't necessarily indicate they are processing your request and about to complete it. So in my case they have cashed the cheque pretty much as soon as they received it but it doesn't mean i'll receive anything any time soon.

 

If they are anything like the banks, I'll look forward to receiving a mountain of paper records in the post

[st8]

Success with Studio Cards (with a twist).

 

As promised im updating this thread about the outcome of these claims. Whereas all the other catalogues are using the usual delaying tactics, Studio Cards have coughed up almost immediately.

 

Well, almost. I sent a letter asking for the money back and did not receive a response. I then sent the exact same letter, letting them know I haven't received a response so please reply asap.

 

So in their first replay today they have given my mom all the default charges back plus interest of 8%. Totalling £300.

 

But they have taken this off the current account balance. Which is good. However, as there was only £250 on the account they have given £50 in vouchers for the remainder. At first glance I thought that's no good as we want the cash to pay off other catalogues.

 

However, it looks like they have made a mistake and paid us more. Not only have they given the vouchers but they have also taken all the charges off the account. Meaning we are £50 in credit on the account and also have the £50 vouchers.

 

Unless this was done on purpose and the voucher use will tally with the credit in the account? But it seems like it is a mistake.

 

So should I send it all back as I want the £50 in cash

Or do I keep £100 in credit and vouchers to spend with them

Or should I try and ask for the credit to be paid in cash and keep the vouchers?

 

So many decisions. Anyway great news my moms worst account is in the black! Excellent news. We just need to sort this out so we can close the thing down.

 

Thanks

Edited November 2, 2009 by st8

[maroondevo52]

Hi, Great result, well done.

 

I'd give them a phone and ask for the credit on the account to be paid to you in cash, maybe the vouchers were a 'good will' gesture on their part

 

Regards.

 

Scott.

[Livis]

Well done excellent result

[st8]

UPDATE on Studio Cards:

 

Studio Cards sent a cheque for the money they added as credit onto the account. So now my mom's account is £0. .

 

We also still have the vouchers, so maybe we could presume this was a good will gesture and use them this christmas.

 

UPDATE on Shop Direct Accounts:

 

Shop direct seemed to have split the littlewoods account as they are dealing with this separately to the others. I have had a letter saying a decision will be made with littlewoods by the 15th December. Taken a long time but at least they have told me and I will wait until then.

 

As for the other accounts from Shop Direct, I received a letter telling me to get lost and that this is their final decision. So i'm off to the financial ombudsman with them.

 

UPDATE on Fashion World:

 

Again, received a letter this week telling me they are investigating and I will receive a response by the 25th of this month.

 

Will up date this post with any news. I know im not providing any useful information with people who want help with reclaiming. But if I eventually successfully reclaim all the money back for my mom at least this post will inspire people to do the same.

[sea-sidelady]

UPDATE on Studio Cards:

 

Studio Cards sent a cheque for the money they added as credit onto the account. So now my mom's account is £0. .

 

That is brilliant. Well done!!

We also still have the vouchers, so maybe we could presume this was a good will gesture and use them this christmas.

 

Bonus!

 

UPDATE on Shop Direct Accounts:

 

Shop direct seemed to have split the littlewoods account as they are dealing with this separately to the others. I have had a letter saying a decision will be made with littlewoods by the 15th December. Taken a long time but at least they have told me and I will wait until then.

 

You are taking them to court. You call the shots. They have a time line and need to stick to it. 14 days from the prelim letter then another 14 after the lba. If they still haven't paid you then file at court and claim interest aswell. We will help you with all that. Ignore their dates. Carry on with yours! They are stalling you!!

 

As for the other accounts from Shop Direct, I received a letter telling me to get lost and that this is their final decision. So i'm off to the financial ombudsman with them.

 

Same advice as above

 

UPDATE on Fashion World:

 

Again, received a letter this week telling me they are investigating and I will receive a response by the 25th of this month.

 

Will up date this post with any news. I know im not providing any useful information with people who want help with reclaiming. But if I eventually successfully reclaim all the money back for my mom at least this post will inspire people to do the same.

 

I have won 5 accounts for myself and a few more for friends against JD Williams (Fashion world) They get stroppy, but always pay. Keep on at them aswell.

[st8]

Hi sea-sidelady,

 

Thanks for your post and advice . Do you advise I go straight to court and not the ombudsman?

 

I sent my first letter to shop direct on 10/10/09.

 

Then I received two letters (dated 20/10/09). These were acknowledging my claim but they had separated Littlewords. So Littlewoods was in one letter and the other 5 accounts in the other letter.

 

I then received a letter detailing the 5 accounts dated 26/10/09 saying they are not paying up and this is their final decision. What should I do regarding these accounts now? Ombudsman or courts?

 

I then received a letter on 16/11/09 about the Littlewoods account stating I will receive a repsonse by 15/12/09! This is the first time I have looked at all the letters and gone through the dates and it is clear they are delaying things! Should I write a letter telling them they are not sticking to the time lines and threaten court action?

 

Thanks in advance for your advice.

Edited November 18, 2009 by st8

[Jan4a]

Hi

 

Just having a read & subscribing as curious. Hilaryfrances has just reported her JDW claims to FOS so you might want to see how she gets on. Sorry, can't do links!

[sea-sidelady]

Hi sea-sidelady,

 

Thanks for your post and advice . Do you advise I go straight to court and not the ombudsman?

Yes. There is a link in my signature with a step by step guide. Have a read through it, it will help you.

 

I sent my first letter to shop direct on 10/10/09.

 

Then I received two letters (dated 20/10/09). These were acknowledging my claim but they had separated Littlewoods. So Littlewoods was in one letter and the other 5 accounts in the other letter.

 

Did they say why they have separated the Littlewoods account?

It really doesn't make that much difference, Just start a claim against Littlewoods.

I then received a letter detailing the 5 accounts dated 26/10/09 saying they are not paying up and this is their final decision. What should I do regarding these accounts now? Ombudsman or courts?

 

Have you got all the information you need. The statements, if so, how far along have you got with your claim? The prelim or lba?

I then received a letter on 16/11/09 about the Littlewoods account stating I will receive a repsonse by 15/12/09! This is the first time I have looked at all the letters and gone through the dates and it is clear they are delaying things! Should I write a letter telling them they are not sticking to the time lines and threaten court action?

 

No, you don't need to tell them anything. You have started a claim, so they have to play by your rules.

 

Once you send the prelim letter, they have 14 days to respond, then you send the lba, wait another 14 days, then you can file at court. Like I said, have a read, then you will see its not as daunting as you think.

 

Thanks in advance for your advice.

 

Hope this helps

[sea-sidelady]

Hi

 

Just having a read & subscribing as curious. Hilaryfrances has just reported her JDW claims to FOS so you might want to see how she gets on. Sorry, can't do links!

 

Here is the thread.

 

http://www.consumeractiongroup.co.uk/forum/mail-order-catalogues/216255-shoe-tailor-reliable-collections.html

[Jan4a]

Sea-sidelady - Thanks. I really must read Bookworm's instructions again!

 

Jan

[sea-sidelady]

Its easy. Click the address bar of the thread you want to link, copy it, then go to where you want it, and paste.

[st8]

Thanks guys,

 

I have decided to file a claim against Shop Direct through the courts. Is it ok to include Littlewoods in the claim, even though they have split Littlewoods up and separated them from the other accounts?

 

I don't see why they have done this as Shop Direct own them and the letters for both Littlewoods and the other accounts are still coming from the same address and same department (with difference reference numbers).

 

So if this is just for their convenience I guess it doesn't matter? It is definately more convenient for me to continue to deal with them all together. Especially now we are going to claim through the courts.

 

Another question is can I change the amount I am claiming now in the N1 claim form, which will be sent to the courts? The reason is because when Shop Direct gave me their final decision saying I will not receive a penny, they attached a list of their own schedule of charges. There were quite a lot more charges than I detailed in my schedule of charges. I don't think I missed any on the statements but there were a mountain of papers to go through so it is possible.

 

Is it ok to include the extra charges in a new schedule, which will be attached to the particulars of claim? Or will they use that against me as my previous letters have stated another amount? I am hoping it doesn't matter as a claim in court is separate and only the n1 claim form information is what is important?

 

Thanks in advance .

Edited November 21, 2009 by st8

[sea-sidelady]

Is it ok to include Littlewoods in the claim, even though they have split Littlewoods up and separated them from the other accounts?

 

I don't see why they have done this as Shop Direct own them and the letters for both Littlewoods and the other accounts are still coming from the same address and same department (with difference reference numbers).

 

I still can't see why they have done this, but yes you can claim it all together.

 

an I change the amount I am claiming now in the N1 claim form?

 

Yes. Send an up to date spread sheet with any new charges or details.

This has to be done before you submit your claim to court.

 

Is it ok to include the extra charges in a new schedule, which will be attached to the particulars of claim?

 

Yes

[gezwee]

Something which came up in correspondence with Freemans Grattan Holding which may answer the question of multiple accounts.

 

This only came up in their response to the court so I'm not sure if its common knowledge.

 

Whether true or not all home shopping catalogues appear to be doing the same. To comply with CCA they are now issuing multiple term accounts;

 

20 week account - agreement #1

40 week account - agreement #2

52 week account - agreement #3

100 week account - agreement #4

 

etc, etc

 

Have a feeling that unless you buy online and are committing to new agreement each time you make a purchase on different terms they may have shot themselves in the foot.

[st8]

Thanks sea-sidelady, I have a letter ready to send and update them on the new schedule of charges. In this letter I am also requesting that they correspond regarding all accounts without separating littlewoods.

 

I have been searching your posts and just read an interesting thread about JD Williams settling after you filed a court claim, though they did put in a defence. Have you had to attend court for any catalogue before?

 

Thanks

Edited November 22, 2009 by st8

[sea-sidelady]

No harm in letting them know they have to play with YOUR rules!

Remember you are taking them to court, and they don't like it.

 

I have had a few claims with them. On here and off. I have never had to go to court. They always pay at the last minute. They like to push as far as they can, to see if you will back down. And we both know that will never happen.

[st8]

UPDATE on FashionWorld

 

Very surprised by this sea-sidelady as I thought they were going to push me all the way. They have decided to give a gesture of goodwill by clearing the account in full. The account balance is £200 and we were claiming £230. So for the sake of £30 I am thinking of accepting this. I could stand my ground but what do you guys think?

[sea-sidelady]

If you are happy to accept £200, then go for it.

 

If you do...1 down!!

 

Well done.

[st8]

We are happy with that so i'll send a letter off accepting this. It's actually 2 down now as I also won Studio Cards aswell. So 2 down and just Shop Direct to go, the biggest claim!

[maroondevo52]

Good stuff st8, well done, good luck with the 'big one'

[sea-sidelady]

2 under your belt already...not bad going. Let us know when any pay outs are received.