Shop Direct

[avfc2012]

Lowells have just rang me chasing the debt that is now owed to them as its been sold on.

 

I told them that my account was still in dispute with Shop Direct and I am awaiting a response to my query.

 

I'm a bit lost as what I should be doing now.

 

I was thinking something on the lines of the following to Shop Direct

"Further to your letter dated 17th May, I am fully aware that Shop Direct are not a Credit Card Company, but may I point out that you actually do provide credit facilities to your customers, in the same way as Credit Card Companies & Banks.

 

My comment and request is still valid.

 

Despite you stating charges have been applied as per your Terms and Conditions, as with the case mentioned previously, does not make them lawful or justifiable.

 

Therefore this letter requests a refund of all charges indicated previously AND charges applied since including interest 14 days from the date of this letter.

I request that payment is made directly to me, by cheque, and that any refund in whole or part should not be allocated to any set off or third parties.

Should this occur, my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

 

In addition, you have entered default notices / negative entries against my credit records. This 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."

 

Is that suitable or too much overkill?

 

Thanks

[ims21]

If you are wanting to make this a "Letter Before Action" then make sure you head it as such.

 

Also, where you have used the word "request", change it to "require"

 

If you are wanting to make this a "Letter Before Action", put in a final paragraph to the effect that if they do not refund you within 14 days you will issue court proceedings without further recourse to them.

 

Send recorded to the registered office with an updated spreadsheet of charges and interest showing exactly the amount you want back

[avfc2012]

OK this is what i have printed out ready:

 

 

Letter Before Action

Dear Sir/Madam

 

Further to your letter dated 17th May, I am fully aware that Shop Direct are not a Credit Card Company, but may I point out that you actually do provide credit facilities to your customers, in the same way as Credit Card Companies & Banks.

 

My comment and request is still valid.

 

Despite you stating charges have been applied as per your Terms and Conditions, as with the case mentioned previously, does not make them lawful or justifiable.

 

I calculate that you have taken £900.00 plus £264.04 which you have charged me in interest which total £1164.04

 

Therefore this letter requests a refund of all charges indicated previously AND charges including interest 14 days from the date of this letter.

I request that payment is made directly to me, by cheque, and that any refund in whole or part should not be allocated to any set off or third parties.

Should this occur, my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

 

In addition, you have entered default notices / negative entries against my credit records. This 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.

 

If I do not receive the refund and removal of negative entries within 14 days I will issue court proceedings without further recourse to you.

 

Thank you for all your help on this

[avfc2012]

See the attached reply from Shop Direct.

Shop Direct Respons 26 June 2012.pdf

[ims21]

Looks like you will have to issue.

[avfc2012]

what does that entail?

[ims21]

Have you done any reading around as I suggested in post #14?

 

If not then you should do so.

 

If you are wanting to get these charges back and use the court then you will need to issue a small claim against them. Court form N1 is the one you will need.

 

Only issue in court if you intend to go through with it.

 

Time to do some reading around the bank and catalogue forums to see what others have done regarding getting their charges back.

[avfc2012]

Just to keep you updated...

 

Im yet to submit to court as I can not afford to do so at the moment (no funds till 25th).

 

Lowell sent a letter yesterday stating that Shop Direct stated taht their final response on the matter was 17/05/12 (the day before they sold part of the disputed amount to Lowell). Therefore now resloves my query and I am required to pay within 14days.

 

Today I get a phone call from Lowell, whom have stated (and I've asked them to confirm in writing) that the Terms and conditions laid down by the catalouge remains valid and are not regarded as a charge. In addition that the FSA's ruling on charges do not apply to a cataologue as its a different type of credit???????

 

I proceeded to tell them I am taking it further and they stated to send it to the FOS instead of court as I would be wasting my time as well as theres and shop directs.

[ims21]

Why are you talking to these people on the Phone?

 

In your reading around the forums you must have read the golden rule that you NEVER talk to DCAs on the phone in a case like this.

[avfc2012]

Sheer frustration at the cheek - I stood by the Im proceeding with this further..

which really seemed to annoy them..

As they are the legal owners of the account I should not be communicating with anyone else barring them...

 

Before I hung up i told them everything in writing (and they wanted me to cofirm my address again) and to take my number off the records..

 

 

I have rang back (withheld number) and they have taken it off the system "oh we dont appear to have a landline for you".

 

I seen on an other thread that someone had success with their claim and dealt direct with Shopdirects legal team,

unfortunatly I havent go the post count to PM for these details as quoted in their thread.

[ims21]

Just forget talking to Lowell on the phone.

 

It is now up to you whether you issue in court or not.

 

Shop Direct legal team won't be worth dealing with until you decide whether you are going to court or not. They may get involved once proceedings have been issued.

[taylorit]

Just be stern and keep sending them letters dont give them any breathing space, ensure you still try make a token payment also in the meantime.

 

Try sending to the Customer Excellence Manager Strictly Private & Confidential for Addressee Only at the Liverpool address, if you ply on the pressure and dont let it go this lot will usually fold.

[avfc2012]

Out of the 4 accounts I had with Shop Direct, 3 of them have now been sold to Lowell.

 

From speaking to an inpartial Finance Advisor, she stated that the FSO is the route to take before any legal matters, due to Shop Direct selling the accounts whilst a complaint was still being dealt with (something about me baing able to responed to anything Shop Direct sent me but selling the account the following day?) Is this correct?

[avfc2012]

Two Statement Summaries received from Lowell yesterday.

It's only took them nearly 3mths PLUS I requested copies of the statements for all Three accounts.

 

I've just had a call from one of their agents, told him that all info to be in writing, and he said "I'll remove your number from both accounts" I questioned him why both and not all 3, his reply "We've written off one of the accounts".

 

Now I pointed out to him I'm writing in anyway as the summaries dont add up, plus I had shopping Insurance (which I previoulsy claimed on) that was removed without my knowledge and also the fact I have had additional warrenty's that were purchased that are now Void, as I can not claim a refund/replacement as the accounts with shop direct have been closed.

 

From the original SAR from shopdirect, I can't make out when and how much the warrenty's I've purchased, but I do know one of them was on the account that they have now written off.

 

Should I submit everything to Lowell, ie Claim of recharges, the fact I had shopping insurance cancelled by shop direct, and also the warrentys or should it be shopdirect / both.

[ims21]

All of your complaints about charges, insurance etc. etc should be with Shop Direct.

 

I see you are still talking to Lowell on the phone but I don't know why?

 

Also find out from Lowell what they mean by writing the account off but get the explanation in writing.

 

Forget fos as far as charges go. If they decide to go in favour of the lender then that could prejudice any subsequent court action. The judge may well say that an approved authority has decided in favour of the lender and it could make it more difficult to convince the judge otherwise. Not impossible but trickier.

 

If it were me I would forget fos and move this forward through the courts.

 

Your call of course.

[avfc2012]

I've sent this to Lowell...

 

In reference to the following Lowell accounts: xxxxx / xxxxx / xxxxx

 

Today I have received two letters stating I have 5 days’ notice from yourselves threatening legal action.

I’ve received this despite speaking to someone called Guarav on the 31/01/2013 about the all three accounts.

 

As you can see below I requested from yourselves copies of the statements from Shop Direct for all three accounts back in September 2012, yet I received two letters (A/c Ref: xxxxx & xxxxx) dated 21/12/2012 with statement a Summary attached.

 

Firstly, these are not as I requested, this is only a summary, I require the full statement for each month (Example of a statement attached), I will state my reasons for this below.

Secondly, the statement summaries show totals of Good’s/ Charges etc – How are these made up?

Thirdly, why has it taken nearly 4months to provide a summary yet still miss out an account (Missing information for Lowell Ref No: xxxxx)

 

This brings me onto the reasons why I need the statements.

1) Whilst with Shop Direct, (Across the accounts mentioned at the start of this email) Insurance was taken out on the account, I had previously claimed on the insurance yet when I came to claim again through loss of employment & sickness, I was unable to as the insurance had been cancelled on the account the moment I challenged a staff member over charges.

Knowing full well how useful, the insurance was there is no reason sane for me to cancel this. If it is believed that I have agreed to cancel this, then as per any insurance (including Shop Directs) please provide a copy of the written, cancellation letter/email. Charges should not have been applied or at the least refunded as previously under an insurance claim.

 

2) Whilst with Shop Direct, (Across the accounts mentioned at the start of this email) Warranties on certain Items (full statements would provide details of cost of warranties, type and interest), now (whilst they were dealing with the disputes for the charges I might add) Shop Direct have sold the accounts to yourselves and closed the above accounts, which renders all warranties void as under the terms of the warranties the replacement value of the goods is applied to the account, to enable the purchase of the same/similar items.

 

3) Each statement shows a minimum payment and date required by, as the statements also list type of charges, I can cross reference with my bank date’s & times Online payments have been made, Shop Direct (as with other online retailers) computer systems do not update in real-time and can take up to 48hrs to show on the account, yet triggering a late payment charge despite a payment being made on or before said dates. In the past Shop Direct agents have provided details of the date payment made, and noted that it had not updated as mentioned and thus incurring an in accurate charge.

 

4) Each statement will supply details of Charges and dates, I require these, as despite the charges should not have been applied (see note 1 on insurance) they are also an unlawful penalty, previous court cases have provided this. I am aware that Shop Direct are not a bank but they do provide credit facilities, apply interest and also hold licences with FSA and Credit Licence as in the way a bank does. These Charges and running of the account are automatic and have no manual intervention to warrant the value. Furthermore to this statement as being in receipt of benefits whilst charges were applied and also notifying Shop Direct on a number of occasions, they have also tried to place myself in financial hardship, as defined in Section 187 of the Social Security Administration Act 1992 is an Act of Parliament which over-rides charges/penalties being taken or applied to an account if the person is in receipt of any of the following benefits: Income Support, Tax Credits, Child Benefit, Job seekers allowance, Incapacity benefit, Disability living allowance, Attendance Allowance, CSA payments, Other DWP payments. These social security benefits are granted to stop hardship and are designed to meet *basic day to day needs*, and are exempt and are protected under the Social Security Administration Act 1992 sub section 187. from arrestment in terms of section 187 of the Social Security Administration Act 1992 (see Enforcement of Civil Obligations in Scotland, Scottish Executive report, at paragraph 5.245). Basic day to day needs as per the DWP: food, water, shelter, sanitation, education, clothing, transportation and healthcare including personal care, not to pay for charges. In addition to this at no point in time was interest or charges frozen by Shop Direct to prevent myself going into any hardship.

 

I hope you understand my frustrations with Shop Direct and lack of service, out of the three accounts you have been sold by Shop Direct (I had 4 accounts in total three sold to you one to another company – why I don’t know) I work out that at most, less insurance payments applied, less charges removed, less repayment of warranties and all interests occurred to charges and warranties comes to a figure no greater than £200.00 (Two Hundred Pounds).

 

This has had a dramatic effect on my credit files, as I have Defaults sitting under the names of Shop Direct/Lowell, despite the accounts were to be maintained effectively under the insurances.

 

I hope you are able to provide me with the actual statements for all three of the accounts (Lowell Ref: xxxxx & xxxxx & xxxxx) I require and also where I have stated, provide Cancelation of Insurance letter/email.

 

Please Note That All Communication Is To Be Made In Writing Only.

 

Regards

[pjc71]

how did you get on with those jokers in the end i am having trouble with very too they are asking for £208 a month and i am a full time carer for my dad and claiming carers alowance but they wont listen to me keep sending letters from ndr and charging me £36 each month in charges

 

really starting to affect me now what with my dad being really poor not getting any sleep at all at the mo...

[avfc2012]

Still at it. 3 accounts are with Lowell (but they've wrote one off) and the other is now with CapQuest.

 

I've told both Lowell and CapQuest that I had insurance on the accounts and it was cancelled, without me confirming it in writing to them (its part of there insurance policy that cancellations must be done it writing)

 

So its a waiting game..

[avfc2012]

After questioning Lowell's / Capquest regqrding lack of statements detailing what the balances are made up of, I recieved yet again Statement Summaries from both.

 

I've gone through them and come to the conclusion that if they remove the waranties, charges & interest applied the combined balance of the 3 accounts that are being reported on stands at -£480.46 so I've spent most of the night writing a letter. Please can I have your feedback / recommendations. I plan to send this both to Lowell & Capquest.

 

Today I have received STATEMENT SUMMARY for each account, as I stated before, you have only supplied me with a SUMMARY OF ACCOUNT and NOT THE STATEMENTS OF ACCOUNT of which I requested.

 

That being said I will yet again explain to yourselves as to the reasons I do not owe anything to Lowell’s/CapQuest & Shop Direct.

 

I bring to your attention the important points I have made in my previous correspondence to yourselves, yet NO REPLY / ACKNOWELDEGMENT OR ANSWER has been provided by your company.

 

Here I will outlay these again:

 

Firstly, these are not as I requested, this is only a summary, I require the full statement for each month (Example of a statement attached), I will state my reasons for this below.

Secondly, the I stated the following:

 

Point 1) “Whilst with Shop Direct, (Across the accounts mentioned at the start of this email) Insurance was taken out on the account, I had previously claimed on the insurance yet when I came to claim again through loss of employment & sickness, I was unable to as the insurance had been cancelled on the account the moment I challenged a staff member over charges.

Knowing full well how useful, the insurance was there is no reason sane for me to cancel this. If it is believed that I have agreed to cancel this, then as per any insurance (including Shop Directs) please provide a copy of the written, cancelation letter/email. Charges should not have been applied or at the least refunded as previously under an insurance claim.”

 

Point 2) “Whilst with Shop Direct, (Across the accounts mentioned at the start of this email) Warranties on certain Items (full statements would provide details of cost of warranties, type and interest), now (whilst they were dealing with the disputes for the charges I might add) Shop Direct have sold the accounts to yourselves and closed the above accounts, which renders all warranties void as under the terms of the warranties the replacement value of the goods is applied to the account, to enable the purchase of the same/similar items.”

 

Point 3) “Charges should not have been applied (see note 1 on insurance) plus they are also an unlawful penalty, previous court cases have provided this. I am aware that Shop Direct are not a bank but they do provide credit facilities, apply interest and also hold licences with FSA and Credit Licence as in the way a bank does. These Charges and running of the account are automatic and have no manual intervention to warrant the value. Furthermore to this statement as being in receipt of benefits whilst charges were applied and also notifying Shop Direct on a number of occasions, they have also tried to place myself in financial hardship.”

“In addition to this at no point in time was interest or charges frozen by Shop Direct to prevent myself going into any hardship. “

 

From the information you have provided to me I will do my best to explain as to why I do not owe the values you are stating.

 

Shopping Insurance (recorded as Payment Protection Insurance):

As the Shopping Insurance (Payment Protection) was not cancelled by myself in writing as per the terms of the Shopping Insurance Policy, this prevented me from issuing claims whilst I was in receipt of benefits, and throughout this Interest charges continued to be applied. Please find enclosed copy of pages from the Insurance Policy Document & Policy Summary provided by Shop Direct, and I wish to draw to your attention the following:

POLICY SUMMARY (page 3 & 4) The bottom of Page 4 states “You may cancel this policy at any time after this period [commencement date +30days] by giving written notice to Insurance Customer Services”. Not once have I wrote to either Shop Direct Customer Services or the Insurance Customer Services requesting the cancelation of the policy.

POLICY DOCUMENT (page 19 & 20) On page 19 under the heading “When Does Your Policy End” it states “You cancel this insurance at any time following the expiry of your statutory cooling off period by giving us 30days’ written notice” again I have not provided any written notice. Furthermore it also states “We cancel this insurance by giving you 90 days’ written notice”. Not once have I received any written notification from Shop Direct Customer Services or Insurance Customer Services stating that they were cancelling the insurance. Please note I submitted a Subject Access Request to Shop Direct and again, neither a letter from myself or Shop Direct / Insurance Customer Service was contained in the documents received.

Under an active policy, payments are made on the account that includes interest, and also prevents charges being applied to the account.

By cancelling the Policies without either of the conditions being adhered to is a sheer incompetence, and also renders the Shopping Insurance as being in effective and mis-sold and therefor repaid plus interest accrued.

 

Warranty’s

Contained within the goods stated are warranties to goods I have purchased (the amounts will be outlined below).

As the accounts have been terminated/sold to yourselves this renders all warranties void as under the terms of sale. These are now worthless as any no account exists where the value of replacement of goods is applied to hence being unable to the purchase of the same/similar items. In addition to this, in any remote chance that the warranties still being valid, I would not deal with Shop Direct due to their lack of customer support, and clear disregard for their own policies. Selling of the accounts to yourself, terminates any association between myself and Shop Direct.

As the warranties are now invalid they should be repaid plus interest accrued.

 

Charges & Interest

 

In addition to the charges on the accounts being an unlawful penalty and a false representation of costs incurred by Shop Direct, the charges plus interest applied have been based upon balances which contained both warranty and insurance costs and therefore are inaccurate and invalid. On top of this should the Shopping Insurance (PPI) not have been cancelled, all charges & interest would have been refunded and paid under the policy.

 

This now brings me on to the true values of the accounts.

 

Shop Direct Account Number: XXX; Lowell Ref: XXX; Balance: £1080.15

 

You can clearly see that the Payments & Adjustments made already exceeds total payable for goods. That being said the balance outstanding is made up of the Charges, Interest & Insurance. In addition to this there are a total of three warranties ( £139.00, £86.00, £99.00)

 

So the true balance of this account is:

 

Balance Claimed (A): £1080.15

Warranties Purchased (B): £324.00

Insurance (PPI) Paid ©: £442.25

Interest (D): £805.96

Charges (E): £228.00

 

To be refunded: B+C+D+E = £1800.21 (F)

Actual Balance of account (A - F): (£720.06)

 

Shop Direct Account Number:YYY ; Lowell Ref: YYY; Balance: £409.67

 

Balance Claimed (A): £409.67

Charges (B): £216.00

 

Actual Balance of account (A - B): £193.67

 

Shop Direct Account Number:ZZZ ; Capquest Ref: ZZZ; Balance: £884.03

 

Balance Claimed (A): £884.03

Insurance (PPI) Paid (B): £96.57

Interest ©: £441.53

Charges (D): £300.00

 

To be refunded: B+C+D = £838.10 (E)

Actual Balance of account (A - E): £45.93

 

In summary:

Shop Direct Account Number:XXX ; Lowell Ref: XXX; Balance: (£720.06)

Shop Direct Account Number: YYY; Lowell Ref: YYY; Balance: £193.67

Shop Direct Account Number: ZZZ; Capquest Ref: ZZZ; Balance: £45.93

 

This means I am due a refund of £480.46. Please note that as a gesture of good will I have not applied any statutory interest or recovery of charges to this amount.

 

In addition to the refund, Lowell & Capquest have been reporting inaccurate information on my Credit Reports with CallCredit, Experian & Equifax. It is stated on these reports that I am in Default, therefore, I request that you immediately contact the agencies stated and either remove the information that has been recorded by yourselves OR Mark my records as SETTLED whilst remove any trace of a Default as this still has a negative effect on my report.

This has had a dramatic effect on my credit files, as I have Defaults sitting under the names of Shop Direct/Lowell, despite the accounts were to be maintained effectively under the insurances.

 

Please forward the refund, payable to myself and to the address used for all corrispondece.

 

Regards

 

Note That All Communication Is To Be Made In Writing Only.

[dx100uk]

you keep up letter tennis

 

they'll keep thinking they've found a mug to fleece

 

dx

[avfc2012]

Would you recommend submitting a court claim based on the above details I now have at hand. Also if yes, who is the action against, as there are two parties (three if shop direct)

[dx100uk]

didn't quite read all your thread before

but i now see what you are doing.

 

pers 'I' would not be issuing a claim for the return of the fee/ppi/etc to your pocket

 

as in all effect, you haven't actually paid them, they are a notional charge to the accounts.

 

if you remove everything like that, does that put the accounts in credit?

 

if so i'd go for the removal of ALL negative data and the marker of 'settled' on each account.

 

just my take on things.

 

dx

[avfc2012]

didn't quite read all your thread before

but i now see what you are doing.

 

pers 'I' would not be issuing a claim for the return of the fee/ppi/etc to your pocket

 

as in all effect, you haven't actually paid them, they are a notional charge to the accounts.

 

if you remove everything like that, does that put the accounts in credit?

 

if so i'd go for the removal of ALL negative data and the marker of 'settled' on each account.

 

just my take on things.

 

dx

Only one of the accounts would be in credit. (-£720) the other two would have balances on (£193 & £46).

 

Without them providing me the actual statments I can not tell what has actually been paid.

The summaries that were sent state the following:

 

Lowell. Bal £1,080.15

Summary:

Debits £3,764.29 Credits -£1,641.67 Adj: -£1,042.47

Goods £2,240.68 (inc Warranties)

Insurance: £442.25

Interest: £805.96

Delivery: £47.40

Charges: £228.00

 

 

Lowell. Bal £409.67

Summary:

Debits: £482.19 Credits -£101.52 Adj: £29.00

Goods £266.19

Insurance: £0.00

Interest: £0.00

Delivery: £0.00

Charges: £216.00

 

 

CapQuest Bal £884.03

Summary:

Debits: £1,837.52 Credits -£659.09 Adj: -£286.50

Goods £949.97

Insurance: £96.57

Interest: £441.53

Delivery: £49.45

Charges: £300.00

[dx100uk]

so if you lump the three together, you are in credit though

once all these charges etc are removed+int they have accured?

 

dx

[avfc2012]

so if you lump the three together, you are in credit though

once all these charges etc are removed+int they have accured?

 

dx

 

Yep by £480, and that's without any stat interest or even taking into account details from the account that Lowell wrote off after purchase