Shop Direct

[avfc2012]

Hi all,

 

Im in Financial difficulties at the moment and a friend suggested I speak here..

 

Ive got a few Payday loans that I've defaulted on (will post details in correct place), but I also have 4 Catalogues through Shop Direct. That I am 1 to 2 months behind (according to my CRA)

 

They Are:

 

[1] Very (Additions) Balance: £431.99 with £76.14 due 16th March - APR 49.9%

[2] Very Balance: £1002.35 with £373.17 due 23rd March -- Now with to NDR Money - APR 44.9%

[3] Littlewoods (Choice) Balance: £301.67 with £141.44 due 9th March

[4] Kays (Kay&Co) Balance: £65.61 with £27.21 due 30th March

 

I've looked online for my statements to see what charges have been applied but they only go back 12mths - so I phoned Shop Direct who state that if I require the statements I will have to pay £5 each for them (works out about 45 statements = £225!!)

 

On the ones I have got its listed a number of different charges they are all for £12.

 

4 x Debt Collection Telephone Call Fee

11 x Debt Collection Letter Fee

4 x Insuffcient Minimum Payment Fee

6 x Late Minimum Payment Fee

20 x Missed Minimum Payment Fee

1 x NDR Money - Debt Collection Letter Fee

1 x NDR Money - Late Minimum Payment Fee

1 x NDR Money - Missed Minimum Payment Fee

 

48 x £12 = £576.00 - and thats only on the statements I have to hand.

 

I would like some help with this, before it gets too far out of hand.

 

My letter writing skills are very poor, and I have looked on the site for a template about claiming back charges but I am unable to find one (can someone point me in the right direction?)

 

Thank you,

 

Please dont think any less of me for being a Villa Fan, someone has to...

[ims21]

Hi

 

Don't pay them £5 for each statement.

 

Send SAR requests instead...one to each lender. Cost is £10 and they will have to send you all the information they hold on you. They might baulk at stuff older than six years but you should get an awful lot of information about these charges.

 

There is a template for SAR (Subject Access Request) in the CAG library, the link to which as at the top of every CAG page in green.

 

They will have 40 days to comply.

 

You will then be able to prepare a schedule of claim and send it off with a preliminary letter demanding a refund plus interest.

 

First step is the SAR though

 

ims

[avfc2012]

Thanks for that.

 

As Shop Direct are the lenders will it only be one SAR I would need and list the accounts or is it in each of the accounts what I require the information on?

[ims21]

Hi

 

Yep one lender with multiple accounts so just one SAR and list the accounts.

 

Also make sure that in the SAR letter you put a sentence to the effect that the SAR is not limited to these account numbers but covers all information in your entire dealings with them.

 

ims

[avfc2012]

thanks. last question before the SAR - what about NDR.... are'nt they a trading name of shop direct as the statement layout n letters seem similar, or would i have to sar them aswell?

[ims21]

Hi

 

NDR are a DCA and you always SAR the original creditor

 

ims

[Im on a journey]

ndr are not listed as same company but are.

same statment layout and

 

 

when i phoned once before they introduced as shop direct when i phones the ndr number.

 

 

im hoping when you sar them they havent got your signed CCA.

 

 

once i CCA'd them they couldnt produce mine and that was a relief as it gave me breathing space

and ndr stopped ringing me twice a day every day.

 

 

then out of the blue i had a letter telling me they wouldnt be persuing me for the £1400.

 

 

i know this site is not about avoiding debt but i got lucky with this one

and catalagues back in the day were not bovered about getting your signature more focused on spending asap

[avfc2012]

I know for a fact I never signed anything with any of them.

 

It was all done online.

[avfc2012]

This morning in the post came the documents from my SAR.

 

I was expecting to see copies of the statements, arrears collections notices, notices of charges, basically any letter with my name on it... NOTHING especially the transferring your account to NDR letter!!!

 

What I did receive for the 4 accounts was:

3 x Credit Agreements:

One of which is signed by myself (this does have the account number on) and the others which just have my name printed in them.

One which states the limit is £750 but the other 2 say "We will periodically set the Credit Limit and notify you of it" (where are the notification letters?)

 

Screen print outs of each the accounts

In these print outs they show the various transactions undertaken under an account number / statement number.

The charges come under the entry of "174G ADMINISTRATION" for £12.00 showing up but I do not know what the administration charge relates to - is it Debt Collection Telephone Call Fee / Debt Collection Letter Fee / Insuffcient Minimum Payment Fee / Late Minimum Payment Fee /

Missed Minimum Payment Fee / NDR Money - Debt Collection Letter Fee / NDR Money - Late Minimum Payment Fee / NDR Money - Missed Minimum Payment Fee

 

Im quite peeved at what I've received, as I know that I've had these arrears collection notices (as I was still receiving them whilst during the time they was getting my info together.)

As for the agreements there a joke - wheres the notification's that there increasing limits or what the limits are set at - Yes the limits do appear on the statements but the only way you get a statement is if you make a transaction with them which generates them - you dont get a £0 statement from them...

 

 

Im going to try and work out the charges on these now from the ones that I've missed..

 

Any ideas as now they've sent this lot through there going to start and hound me more.

[ims21]

If you are missing information and the 40 days are up then you can send the failed SAR letter from the CAG library and list what information remains outstanding.

 

Identify all the charges you are going to claim back and for each account create a spreadsheet (attached)

 

You can then start your charges reclaim

 

CISheet v101.xls

 

ims

[avfc2012]

Okies I've done that - but I do not have an intrest rate (I cant find it anywhere) for the Littlewoods & Kays part of that catalogue.

 

This is what I got so far:

 

Additions: Charges £228 Intrest:£88 Total £316

Very: Charges £240 Intrest:£91.10 Total £331.10

Littlewoods: Charges £144 Intrest:£0 Total £144

Kays: Charges £192 Intrest:£0 Total £192

Total Charges:£ 804 Total Intrest: £179.1 Grand Total:£983.10

 

I noticed that they have included for each of the accounts a breakdown of Adjustments Details applied to the account, which cover Shopping Insurance, Interest & the Administration charges.

 

At 16/03/12 the total balance owed was £1801.62.

 

I am still concernd at the agreements and also the wording about the credit limits - surely that cant be right. as I never signed for any increases (and some of the agreements I havent even signed)

[ims21]

Hi

 

What I would do is pop in a nominal rate of 24.9% APR for now.

 

In the spreadsheet you don't put the interest they charged per the transaction history....you only pop in the charges figures. The spreadsheet will work out the interest for you.

 

I don't think you have to sign for credit limit increases...at least I've never seen it anywhere. If the agreements were taken out on line then there will be no signature since electronic acceptance would apply.

 

ims

[avfc2012]

hi ya

 

God there quick... I only got the letter on Saturday and so far I've had the Additions and Very collections ring me!

 

I've put the 24.9% in now and my totals are:

 

Charges: £804.00 + Intrest £218.43 = £1,022.43

against the balance on the 16/03/2012 that is quite a lot of money!

 

On the spread sheet I've noted each charge as "174G ADMINISTRATION" as it appears on the screen prints they sent.

 

Stupid question but what do I need to do now?

[ims21]

Hi

 

OK you now need to send the spreadsheet and a preliminary letter of claim to the company.

 

There is a template for the preliminary letter in the CAG library (top left in green).

 

You can also take the preliminary letter from post #31 here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**/page2

 

and put one together that suits.

 

You should also start reading around the bank forums (and catalogue companies) to get an idea of what may be required to get the charges back.

 

Also have a read of No.4 in my signature

 

ims

[avfc2012]

So my letter went off 30/04/2012 (had to wait to get money for ink!! and post)

Today I've received a letter from Shop Direct for one of the accounts "Notice of Default" & a "Notice of Sums in Arrears"!

 

Does this mean now i've got a deafault on my Credit Report - and whilst this was under query surely this should not of happened???

[avfc2012]

Addition -- An actual Default Notice received today dated 30/04/2012!!!!

[ims21]

Hi

 

If payments are made outside the T&Cs or the account is operated in any fashion outside the T&Cs then they can issue a default

 

ims

[avfc2012]

Hi ya.

 

Received the attached response from Shop Direct.

 

Is that it am I now screwed and liable for everything?

Shop Direct Response Pg2.pdf

Shop Direct Response Pg1.pdf

[ims21]

Hi

 

If you want to get those charges back then the next step is an LBA giving them 14 days to cough.

 

If they don't then you issue in court

 

ims

[avfc2012]

I was reviewing all the other catalogue threads and it looks like a lot of people recieved the same letter but went on to contest..

 

problem is now TODAY I have received a letter from Shop Direct & Lowells saying that on the 18/05/2011

one of the accounts was legally assigned to Lowell's!! on the 18th???

 

 

? there reply was only sent on the 17th!!

[ims21]

Matters not...carry on with your claim if you want those charges back

Edited June 1, 2012 by ims21

[avfc2012]

Who do i do this account through now though as there stating all communication should be through them...

 

Surely there must be some protocol for replying to a complaint to selling it on?

[ims21]

Hi

 

The charges claim will be with the Original Creditor

[avfc2012]

so if I write to lowells telling them that the account was in dispute when they purchased it - to get lowells off my back?

[ims21]

If you wish but personally I'd wait until they contact you