Laa v Very

[laalinz]

Thanx DX I will take out the court action paragraph at the end and go to the FOS first.

 

Will slip your paragraph in and send off today. See what the muppets come up with next

[laalinz]

This is what I have sent them

 

 

Shop Direct Finance Company Limited

Aintree Innovation Centre

Park Lane

Netherton

Bootle

L30 1SL

For the attention of Lillian McGregor

 

26 November 210

 

Dear Ms McGregor,

 

ACCOUNT NUMBER:

Your Ref:

 

Thank you for your letter dated 23 November 2010. I note that this letter was your final response but would like to give you another opportunity to reconsider before I consider issuing Court Proceedings regarding this matter.

 

I would like to take this opportunity to make you aware of the fact that if I do issue Court Proceedings this will incur a further interest charge of 8% simple interest, on each charge including your interest - from the date it was levied - to the date of your claim

 

I also note that your letter effectively seeks to justify this charge on the grounds that it complies with OFT guidance. In that guidance, the OFT says:

 

“As a practical measure, to help encourage a swift change in market practice, we are setting a simple monetary threshold for intervention by us on default charges. The threshold is £12.

 

We regard the setting of the threshold as a provisional practical measure to move the market towards compliance. We should make it quite clear that we are not inviting the banks to align their charges at such a threshold figure. We are not proposing that default fees should be equivalent to the threshold and a court will certainly not consider that a default fee is fair just because it is below the threshold.

 

The threshold is not intended to be a permanent feature of our intervention in this market. We will consider further action if trends in the market suggest that this threshold approach is insufficient to bring about appropriate and early change in the market.

 

It is also important to note that the threshold for action is a statement of our regulatory intent. We have no power to constrain private civil actions or to determine what a court should decide and other enforcers may apply for injunctions under the UTCCRs”.

 

You have asked me in both letters why I dispute the charge amount and I put it to you that it is up to you to detail exactly why the charge is £12.00 I do not believe it to be my responsibility to give you a breakdown of costs on administration on my account, but to clarify, I am disputing that the £12 charge is not a true reflection of your actual admin costs, please detail your costs, then I would be in a position to decide and comment further..

 

Please note I am still outstanding some paperwork from my SAR request, namely a signed contract.

 

I require repayment in full of this money and removal of the default notice.

 

Yours faithfully,

xxxxxxxxxx

[dx100uk]

Dear Ms McGregor,

ACCOUNT NUMBER:

Your Ref:

Thank you for your letter dated 23 November 2010.

It is duly noted that you consider the above letter your company's final response.

I also note that Shop Direct {T/A Very] seeks to justify the level of their charge by intimating that they comply with OFT guidance.

Such guidance states:

“As a practical measure, to help encourage a swift change in market practice, we are setting a simple monetary threshold for intervention by us on default charges. The threshold is £12.

We regard the setting of the threshold as a provisional practical measure to move the market towards compliance. We should make it quite clear that we are not inviting the banks to align their charges at such a threshold figure. We are not proposing that default fees should be equivalent to the threshold and a court will certainly not consider that a default fee is fair just because it is below the threshold.

The threshold is not intended to be a permanent feature of our intervention in this market. We will consider further action if trends in the market suggest that this threshold approach is insufficient to bring about appropriate and early change in the market.

It is also important to note that the threshold for action is a statement of our regulatory intent. We have no power to constrain private civil actions or to determine what a court should decide and other enforcers may apply for injunctions under the UTCCRs”.

You have indicated in both letters so far "why I dispute the charge amount"

I am disputing that the £12 charge is not a true reflection of your actual admin costs, please detail your costs, then I would be in a better position to make a decision upon if they are fair in my particular circumstances, rather than just appearing to be a blanket 'penalty' applied to all customer accounts.

 

Please note I am still outstanding some paperwork from my SAR request, namely a signed contract.

 

To Clarify:

I require you to refund me all unlawful charges and all associated compounded interest you have levied from their statement dates, to the date of your refund.

I will also require you to remove any negative information reported to the CRA's as a direct result of any false balance these unlawful charges created.

 

As noted above, you considered your last letter to be 'a final response'

 

In line with Published FOS guidelines, i hereby give you 14 days to positively reply to my complaint.

If i do not receive a reply during this period that moves my complaint forward and not general stalling tactics designed to make me give-up,

i will begin the process of reporting you to the FOS via their complaint proceedure.

This will not only incur you an investigation fee of +£450, but also allow me to charge an addition 8% statutory interest

 

i thank you for you time

 

 

 

Yours faithfully

 

...........

 

dx

[laalinz]

Many thanks,

 

Threw mine in bin. Printed and sent that instead

[laalinz]

Still no word from Very as of yet. Just a few telephone calls asking me to ring them as a matter of urgency

[laalinz]

Default notice recieved yet no response to my last letter.

 

FOS now?

[citizenB]

How long did you give them to respond to your letter ? I would add on at least a week due to the postal disruption.. In fact leave it until January 2nd and have your FOS complaint ready to email/post

[laalinz]

Quick update, They amount they are requesting now stands at over a grand as they have added soooooo many changes.

 

I gave them 14 days to respond. Letter waiting to go to FOS in the New Year

[citizenB]

Have you kept your spreadsheet updated with all the new charges

[themadcap]

It means 4 weekly (payments every 4 weeks) of 67.44 x 13 £876.32

well 52*67.44 = £3506.88!!!

 

dx

[laalinz]

Very are doing very strange things on my account they are charging me £150 interest then adding it on as credit?!?! That was done on the last two statements from them

[citizenB]

No idea what they are up to. You could write and ask them to explain their accounting procedures !

[laalinz]

I have being enjoying the peace and quiet a DMP with CCCS has brought me and didn't want to rock the boat. But I am about to be meade Redundant again so back in fighting form.

 

Going to try again for these chargers form VERY. Do I have to start from the very begining again ?

 

Thank you