Laa v Very

[dx100uk]

show me how you did it for one month

 

dx

[biggeorge]

laalinz

 

did you use 1 of the excel calculators and change the 8% to 39.9.

how did you do it, every time I try to change the % I get an error.

 

Could you do a template for me with interest at 29.9 as I need to hit MBNA with a compounded workout of

charges as they will wipe the balance and they will end up owing money out.

 

George

 

 

[laalinz]

Tried to post spread sheet did not work as just messed it all together. Sorry

Edited October 24, 2010 by laalinz
Tried to post spread sheet did not work as just messed it all together. Sorry

[dx100uk]

convert and attach it as a pdf

 

dx

[laalinz]

will have another crack at it tomorrow as I think I have got it all wrong. Will post what I get tomorrow.

 

Thanks

[laalinz]

22/08/2009 Admin 12.00 Charge = 7.16 Interest

17/10/2009 Admin 12.00 Charge = 5.92 interest

12/12/2009 Admin 12.00 Charge = 4.95 Interest

 

I have done this for each and every charge at 39.9% Right down to be new charge added today of £12.00. Using the calculator link that you sent dx

 

they have once again sent me a notice of defualt sums under Consumer Credit Act 1974.

 

Am I right in thinking that I also sent them a copy of my list of charges and interst that I have worked out along with my letter? |I the letter I posted above ok to send?

Edited October 25, 2010 by laalinz
typo

[dx100uk]

yep fire off the letter and a copy of your spreadsheet

 

dx

[laalinz]

whoo hoooo. Took a while but I got there Thanks

[laalinz]

Done and letter sent today. I have also included in the letter that they have not fully complied with my SAR as there is some documentation missing.

 

Cheers

[laalinz]

Have a message on my answer machine asking me to "please ring Millie to discuss your Very account complaint"

 

When will these people get in it into their heads EVERYTHING IN WRITING.

 

I do not want to ring her and have no record of what is said between us. I am also a little confused as to why they just seem to want to discuss this account on the phone and not by writing. I smell a rat, does anyone else?

[dx100uk]

thats the way

 

dx

[laalinz]

Do you mean that, that is the way that VERY do things and I should ring them to discuss the matter.

 

I thought I would have been better having a papertrail of all that was said?

[dx100uk]

no i meant

 

thats the way to go

 

what you are doing

 

writing only!

 

dx

[laalinz]

oh, silly me

 

will fire off an email to them today saying that I require all communication to be in writing AGAIN.

 

I don't understand why they want to discuss everything with me by telephone.

[laalinz]

Sent them this:

 

Dear Sirs,

 

I have had a answer machine message left on my machine asking me to contact a 'Millie' Regarding my complaint.

 

I REQUIRE all communication in writing reagrding this matter, as I require a papertrail of all that is said.

 

I have requested this many times and if you continue to insist that I speak to you regarding tisi matter by telephone I will have no alternatitive then to report you for this.

 

I look forward to your reply

[laalinz]

Letter recieved from Shop Direct Finance Company Limited.

 

Dated the 9th November recieved tody 10 Nov

 

Dear *****

 

Further toy our letter of 4 Nov (when they told me they were investigating the complaint) concerning administration charges applied to your Very account.

 

I can confirm we are still continuing with the investigation of your complaint, hwever in order for us to consider your request, I should be grateful if you would clarify why you believe each charge , indicated in your letter should be refunded. Please forward this information onto me within the next 14 days. Once I have this information I will be in a postion to investigate your concerns.

 

For your information, our fees and charges are applied as per the Terms & Conditions for your account (I still have not recieved a signed CCA within the SAR and I did add in my letter then there was information missing) These can be found in your credit agrrement, at the back of your catalogue and on the website under the section entitled Terms and Conditions.

 

If in the meantime you would like to discuss this further, please do not hesitate to call us on 0844 811 8515.

 

Yours sincerely

 

Customer Excellence - Aintree.

 

Any suggestions on my next move. I sent them the letter that I posted earlier in this thread post 47. Thank you

Edited November 10, 2010 by laalinz
typo

[dx100uk]

why

because they are unlawful and non negotiable

 

stalling tactics sadly.

 

dx

[laalinz]

Yeah, thats what I thought. They know exactly what I am doing as they have seen it many times before. Is there maybe a template somewhere that I could send them? Or should I just resend what I sent them in post 47 stating that they are unlawful?

[laalinz]

Dear Sir/Madam,

Letter Before Action

ACCOUNT NUMBER:

Thank you for you letter dated 9 November in answer to your questions raised, I now understand that the regime of fees which you have been applying to my account in relation to Administration, are unlawful at Common Law, Statute and recent Consumer regulations.

 

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 calculate that you have taken £204.00 plus £39.94 which you have charged me in interest for the sums which you have taken. Total £243.94

 

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

Will this do?

[dx100uk]

add something along the lines of:

 

i do not believe your unlawful charges actually reflect the true administration costs associated with operating my account, but more reflect a regime of a 'penalty charge' against a default set of terms and conditions that have not been negotiated with the individual customer.

.

dx

[laalinz]

Excellent. Your a star, many thanks.

 

Drafted, printed and posted today

[laalinz]

Reply from VERY

 

Dear ****

 

Further to your letter of 23 November 2010 concerning administration charges incurred on your Very account.

 

Please accept our apologies for any inconvenience this matter may have caused you.

 

My understanding of your complaint i sthat you dispute the administration charges applied to your account and have requested a refund of these with interest.

 

I have noted your comments in you letter of 23 November 2010 that you feel the charges apllied to your account are unlawful. I disagree with your comment as all charges are justified in accordance with the views of the Office of Fair Trading and are within the Unfair Terms in the Consumer Contracts Regulations.

 

In my letter of 9 November 2010, I asked that you clarify why you belived each charge applied should be refunded to you account, however you have provided no additinal information to indicate that the charges have been unjustly applied.

 

It is clearly stated in the terms and conditions printed at the back ou your catalogue (this information is also available via our website) that a charge is applied if you fail to make the minimum payment requested on your statement by the statement due date. You are also made aware of the reasons that a charge may be applied to your account, as well as the value of teh charge that may be incurred.

 

As you have not provided me with the reason, I can confirm that these charges will not be refunded.

 

I trust that our explanation meets with your satisfaction abd confirm that this letter is our final response to your complaint. If, however you have any further information that you would like me to consider, please contact me on the number below.

 

If you are not happy with our final response, you can now refer you complaint to the Finanical Ombusman Service (FOS), but you must do so within six months.

 

Enclosed is a leaflet which explains the FOS in more deatil.

 

Thank you for bring this matter to our attention and giving us the opportunity to respond.

 

Yours sincerely

 

A Robber

 

 

Any idea on my next move?

 

Do I respond with something along the lines of

 

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”.

 

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 calculate that you have taken £ plus £ which you have charged me in interest for the sums which you have taken. Total £.

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

Or do I proceed to the FOS now as they state that this is their final response

 

[dx100uk]

well you have got them on the final response, keep the in mind.

 

their letter is crap!

 

its for THEM to give you abreakdown of 'why' it is £12 [they must detail their costs exactly] NOT for you to do it!

 

also add that should you issue court proceedings, this will incur a further interest charge of 8% simple interest, on EACH charge inc their int - from the date it was levied - to the date of your claim

 

send that letter

 

muppets!!

 

dx

[laalinz]

Will this do in response to their dripple?

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:

Letter before Action

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 issue 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.

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. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

 

 

 

 

 

[dx100uk]

your choice ofcourse but pers i'd go FOS first.

 

also:

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.

 

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.

 

dx