Shop Direct

[avfc2012]

A/c Bal 1080 - http://www.consumeractiongroup.co.uk/forum/showthread.php?384432-Shop-Direct-(Linked-Thread)-Lowell-A-c-Bal-1080&p=4163342&viewfull=1#post4163342

 

A/C Bal 409 - http://www.consumeractiongroup.co.uk/forum/showthread.php?384433-Shop-Direct-(Linked-Thread)-Lowell-A-c-Bal-409&p=4163344&viewfull=1#post4163344

 

A/C Bal 884 - http://www.consumeractiongroup.co.uk/forum/showthread.php?384434-Shop-Direct-(Linked-Thread)-CapQuest-A-c-Bal-884&p=4163347&viewfull=1#post4163347

 

Should I send through the Letter to Lowell & CapQuest that I was going to send, that out lays how much I am owed etc, or should I hang fire a bit..

[dx100uk]

well done

 

now start populating with each debts own paperwork etc.

 

that letter was a bit waffly.

 

a spreadsheet for each debt would be better

 

dx

[avfc2012]

I've posted the summary's that Lowell & CapQuest sent through.

 

This show's the totals of Interest, Charges, Payments & Discounts, Adjustments, Purchases (inc Warranties) and also the Default date.

Edited March 5, 2013 by avfc2012

[dx100uk]

ok now post the correct CRA report to each debt too

 

dx

[avfc2012]

Done

[avfc2012]

I've done and uploaded 2 of the accounts.

will do the last account tomorrow when I can find the SAR for the account to get all the charges.

[dx100uk]

you're doing great

 

dx

[avfc2012]

That's all sheets uploaded

[avfc2012]

Hi,

Just had the email from the Complaints manager at Lowell.

"

Original Creditor: Shop Direct

 

Dear Mr XXXXXXXX

 

I’m writing to update you on the progress of your complaint investigation. Thank you for your patience so far.

In order to investigate your complaint fully, it has been necessary to gather and review relevant information about your case from Shop Direct and this is taking longer than anticipated. I hope to have completed my investigation and be in a position to provide you with an update / full response within the next two weeks.

As it has now been eight weeks since we received your complaint you do have a right to refer your case to the Financial Ombudsman, although I trust that this will not be necessary. If you would like to discuss your case further at this stage, please feel free to contact me on 0800 5420058 and ask for extension 8048.

Yours sincerely

 

 

Michael Thorne

Complaints Manager

Tel: 0800 542 0058"

Do I continue to wait, or as he states Financial Ombudsman

[dx100uk]

what was the complain ta bout all the debts they hold?

 

dx

[avfc2012]

The complaint is regarding the email sent in post #44

Lowell account's for the values of £1080.15, £409.67 & £173.61 (the £173.61 they wrote off.)

 

Thing is since that was sent, you've helped me out such a great deal and shown myself that the balances/values are completly different and that Lowell/Shop direct owe me for the shopping ins / warrenties & charges applied. (other threads as seen in post #76) though I still have not heard anything from CapQuest.

[dx100uk]

ok good

 

Lowell certainly don't owe you anything other than p'haps to leaving you alone!!

 

dx

[avfc2012]

and removing Default

[avfc2012]

Hi,

Just had the email from the Complaints manager at Lowell.

"

Original Creditor: Shop Direct

Dear Mr XXXXXXXX

I’m writing to update you on the progress of your complaint investigation. Thank you for your patience so far.

In order to investigate your complaint fully, it has been necessary to gather and review relevant information about your case from Shop Direct and this is taking longer than anticipated. I hope to have completed my investigation and be in a position to provide you with an update / full response within the next two weeks.

As it has now been eight weeks since we received your complaint you do have a right to refer your case to the Financial Ombudsman, although I trust that this will not be necessary. If you would like to discuss your case further at this stage, please feel free to contact me on 0800 5420058 and ask for extension 8048.

Yours sincerely

Michael Thorne

Complaints Manager

Tel: 0800 542 0058"

Do I continue to wait, or as he states Financial Ombudsman

 

Well it's now the 23rd May 2013, and by my caculations it has been 3 weeks & 1 day since this email was sent and recieved by Lowell.

 

Is it best to wait a little longer, or contact the guy from Lowell with all of the findings/spreadsheets from the other posts or something else?

 

Oh and I still have not had a reply or anything from CapQuest.

[avfc2012]

Had a phone call today from Lowell (Still nothing from CapQuest) - I know shouldn't speak to them but was curious as to why they called.

 

it was a courtesy call, to inform me that they are still awaiting the documentation from Shop Direct.

 

They told me that the complaint was originally received on 06/03/2013 but as yet have only received the last 3yrs of information from Shop Direct.

 

I pointed out that its now 16weeks, and that they are still reporting this on my account as a default.

 

I told them that since my initial complaint, I have delved deeper into the accounts to uncover amounts greater than what they are reporting

are due back to myself such as PPI, Warranty. Insurance, charges & the interest applied.

 

I told them about the PPI and how Shop Direct cancelled without providing any written confirmation as inline with there terms and conditions.

 

I also told them that I already have submitted and received 19th April 2012 information relating to the SAR

and a reply from Shop direct saying I have 6mths to contact FSO if I'm not happy dated 17th May 2012 a day before they sold the accounts to Lowell & CapQuest.

 

There was a hint of shock and disbelif in his voice on how long this has been going on and said that they will contact me later via email to see if I can help provide any further information / documentation (such as the PPI policy where it states SD must provide in writing cancellation).

 

The guy I spoke to couldnt give me an answer as to what will happen ie, will it be sold back to SD or other, but wants to get it sorted within in the next week.

[avfc2012]

Just recieved by email from Lowell as promised:

I write further to our conversation earlier today and note all your comments. I thank you for your patience whilst this matter has been investigated.

In line with your dissatisfaction with the detail of previously issued account information, I have requested a full list of itemised transactions for each account listed above, from Shop Direct. They have informed me that they can provide a list of transactions for the last three years but that anything beyond that time would necessitate the submission of a Data Subject Access Request (DSAR) under the Data Protection Act.

Currently I have received a list of transactions for the accounts with original references of xxx and xxx but I have not been able to obtain information for account xxx. These transactions cover the period June 2009 onwards but I am aware this does not cover the entire period of account xxx.

Following our conversation I understand you have already completed a DSAR and are in possession of the full itemised information. As such I would ask that you forward me a copy of the transactions for all three accounts and I will then be better able to assess the situation to come to a mutually agreeable resolution.

Once received, I will issue a full response to your complaint as soon as possible but no later than 28/06/2013. I trust this meets with your approval.

Please do not hesitate to contact me in the meantime by replying to this email or calling me on the number below should you need to speak to me.

Yours sincerely

Michael Jones

Customer Relations Officer

complaintsresolution@lowellgroup.co.uk

0800 542 0058

 

Am I ok to go ahead and send this information including the copy of the Ins policy & spreadsheets for PPI & Warranty, Charges & Interest? - looking at the totals on the spreadsheet as of today inc compound interest it totals £6k accross the accounts with Lowell & CapQuest.

[avfc2012]

Hi,

I have just recieved a response from Lowell regarding the 3 accounts they purchased from Shop Direct.

 

Firstly this is the email I sent along with the spreadsheets (and SAR files):

** A copy of this email and its contents is also sent to CAPQUEST whom are dealing with one of the accounts

As requested, please find attached details from the SAR relating to the accounts being dealt with by Lowells. Please note that this is upto the 19th April.

I also attach the following:

Insurance policy document - you can clearly see that it states either party must confirm in writing cancelation of the insurance (me 30days, Shop Direct 90days). Please not that no letter was sent by myself or received from Shop Direct plus no proof contained within SAR, first noted that insurance was cancelled on September on the various accounts – where the premium was actually still deducted prior to shop direct cancelling.

Spreadsheets – The spreadsheets relate to all four accounts (one of which sold to CAPQUEST). Each spreadsheet outlines *Total admin charges + Compound

interest, Total Insurance Premiums/Warrenties/interest charges + compound interest. Rate of interest is derived from the account Interest.

CAPQUEST

Shop Direct – Additions

ADMIN CHARGES Chg: 300.00 Int: 402.66 Total: 702.66

CAPQUEST

Shop Direct - Additions

INS Chg: 96.57 Int: 210.91 Total: 307.48

LOWELL

Shop Direct - Kays

INS & WAR. Chg: 121.40 Int: 269.02 Total: 390.42

LOWELL

Shop Direct - Kays

ADMIN CHARGES Chg: 204.00 Int: 296.59 Total: 500.59

LOWELL

Shop Direct - Littlewoods

ADMIN CHARGES Chg: 216.00 Int: 104.70 Total: 320.70

LOWELL

Shop Direct - Very

INS, INT & WAR. Chg: 1,544.77 Int: 3,245.88 Total: 4,790.65

LOWELL

Shop Direct - Very

ADMIN CHARGES Chg: 228.00 Int: 350.11 Total: 578.11

Chg: 2,710.74 Int: 4,879.87 Total: 7,590.61

 

*NOT ONCE WAS THE COST OF ADMIN CHARGES DEFINED, IE Manual intervention to warrant the charge, costs of postage etc.. Clear to see on the statements attached that the charges are an automatic process. In addition to this charges would have been cancelled via the back payments on any insurance claim as per Shop Directs Terms and conditions on Insurance payments.

 

You can clearly see from the above & attached that reclaim of charges drastically out weighs any balance on the accounts sold to Lowell and CAPQUEST.

 

In addition to the details above I also need to point out the following:

 

1)NOT ONCE have I received a Notice of Default relating to any of the accounts above, from either Shop Direct, Lowell or CAPQUEST, YET you are reporting defaults on my account. I now request that LOWELL & CAPQUEST remove the default entries promptly, as you have had more than long enough to send a copy of the default.

2)As the date of my complaint to both LOWELL (06/03/13) & CAPQUEST (05/02/13) has exceeded the 8 weeks period, I would appreciate a full response as soon as possible before any further action is undertaken.

I would appreciate if you could resolve this in a timely manner as the negative entries which are recorded against me on the relevant credit reports are having an impact on myself obtaining any form of credit including a bank account.

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

Regards

Here are the spreadsheets that were attached to the email:

 

[ATTACH]44825[/ATTACH]

[ATTACH]44824[/ATTACH]

[ATTACH]44826[/ATTACH]

[ATTACH]44827[/ATTACH]

[ATTACH]44828[/ATTACH]

 

(for some reason it wont let me attach the Charges spreadsheets for CapQuest & Lowells Kays account)

 

Now this is Lowells response:

Dear

I acknowledge receipt of your correspondence dated 6 March 2013 and 26 June 2013 and note all your comments and enclosures. I thank you for your patience whilst this matter has been fully investigated.

Summary of your complaint:

I understand you are dissatisfied on the following points:

·That itemised statements were not provided as you had originally requested on 5 September 2012 (although you have now obtained this information from Shop Direct).

·You believe the charges added to the above accounts cannot be enforced as the cost of administration has never been defined and they are applied through an automatic process.

·You have stated that you had Payment Protection Insurance (PPI) in place and that this was cancelled without the 90 day written notice period, described in the sale literature, being provided by Shop Direct. You state that had the policy remained in place you would have been able to cover the balance of the accounts as your job was made redundant and you became unemployed.

·You have sent spreadsheets showing your own calculations of charges, interest, PPI premiums and warranty premiums that were added to the account and you believe that as the policy was cancelled without the agreed notice and that it would have cleared the account balances, that you should be able to reclaim the stated figures from Shop Direct and that the figures drastically outweighs the combined balances on the accounts.

·You have not received default notices for the above accounts. You have received Data Subject Access Request (DSAR) reports from Shop Direct for the above accounts and copies of the default notices were not included. You therefore have stated that you do not believe Shop Direct have issued the default notices and have asked Lowell Group to remove the defaults from the records of any Credit Reference Agencies (CRAs) to which we report.

·You made a complaint to Shop Direct regarding the charges added to your accounts and they issued a response to you dated 17 May 2012. The account VERY ACCOUNT for £1080 was then sold to the Lowell Group on 18 May 2012 and you feel that this should not have occurred until you had a chance to read the letter and respond.

Having fully reviewed the information you have kindly supplied and having contact Shop Direct again to put these points to them, I am now in a position to respond

 

My findings:

In regard to the statement summaries that were sent to you following your request in September 2012, Shop Direct has confirmed these are the format of statement that they would send to any customer who requested itemised information. To get information in greater detail they require submission of a (DSAR) which you have now completed. I am sorry this was not made clear at an earlier date but I am glad you now have access to the full account details as required.

In regard to the charges added to the three accounts, I can see that we have responded to this issue previously, as have Shop Direct. The charges made are in line with the agreement that you made with Shop Direct on opening the account. There is no obligation for Shop Direct to explain the commercial reasons for the level of the charges, or for the charges to be applied to the account in any fashion, other than automatically. This is standard recognised practice within the industry in which they operate and they believe the charges to be entirely fair and appropriate.

In regard to the PPI policy that was in place which applied to the account with original reference VERY ACCOUNT for £1080, the terms and conditions of the policy do state that a 90 day written notice period is one of the circumstances under which the policy cover will end. However, they also state that the cover provided by the policy will end if your credit account is closed or if it is transferred to a third party. It also confirms that the policy will be cancelled if premiums are not paid when due. This was the case and having spoken to Shop Direct they have confirmed that the policy was correctly cancelled under the agreement in place.

I have examined the spreadsheets that you have kindly sent but I must confirm that having checked the calculations against the actual account balances, the figures you have provided bear no relation to the actual account balances provided by Shop Direct. As such, I do not share your opinion that these have any bearing on this matter.

In regard to your query on the default notices for the three accounts, Shop Direct have informed me that the notices would not have been included in the DSAR request you submitted as they were all issued after your request was fulfilled. They have confirmed they were issued on the following dates to XXXXXXXXXXXX:

Very £1080 Issued on 30 April 2012

Littlewoods £409 Issued on 25 July 2012

Kays £173 Issued on 31 July 2012

Shop Direct have also confirmed that these are one off documents as they are legal notices and that copies cannot be issued. They are happy however that the notices were issued correctly. I kindly point out that as the account with original reference Kays account for £173 has already been closed by the Lowell Group as a commercial decision, the default has already been removed from the records of CRAs.

Finally, in regard to your dissatisfaction regarding the sale of the account Very £1080 and shortly after a response being issued to your Shop Direct complaint, Shop Direct have informed me that they are satisfied that the concerns you raised were fully addressed and as such, they are happy that there was no dispute in place at the point the account was sold. They are therefore confident they acted appropriately in this regard.

Ultimately, the Lowell Group and Shop Direct believe these accounts to be valid and collectable. I appreciate your views on the matter and therefore I have decided that Lowell account number Very £1080 will be closed as a gesture of goodwill, with no admission of liability. The default will also be removed from the records held with CRAs. I trust this action meets with your approval.

 

In regard to Lowell account Littlewoods £409, it is clear that as no interest or premiums were added to the account, no PPI existed on the account and the balance of £409.67 has accrued through the goods purchased and the charges applied in line with the agreement you made. As such, I feel it is correct that we receive payment to clear this amount. Of course we are able to accept payment arrangements and reasonable settlement offers which reflect your personal circumstances.

Once the account has been repaid, the default being reported will be marked as satisfied or partially satisfied depending on whether the full balance was repaid. I cannot however, agree that the default for this account should be removed completely as we have an obligation to report information which correctly reflects the way the account has been managed.

On this basis I would ask that you contact me to discuss a payment arrangement for this account and I will place the account on hold for a further 28 days from the date of this email to allow you to make contact. After this time, if no contact is received, the account Littlewoods £409 will return to our Collections Department.

I hope that this response concludes the matter to your satisfaction. If you need to discuss things further, please do not hesitate to contact me on 0800 542 0058 (ext 7112), or write to me at the address above.

The Financial Ombudsman Service (FOS) provides a dispute resolution service to assist customers who feel their complaint remains unresolved. You have a right to use this service for up to six months from the date of this letter. For more informationplease visit the Financial Ombudsman’s website using the following hyperlink: http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm. Naturally we hope that you will not feel the need to do so.

Should you require a paper copy of this leaflet, please let us know and we will arrange to send one to you.

 

There stance seem's to be very strong on the charges front.

I've quickly talleyed only the PPI & Warraty + compound intrest on the attached and that comes to £2837.67 so that is still more than all the accounts which were sold by Shop Direct.

 

I'm unsure what to do now, your advice would be greatful.

Edited June 29, 2013 by avfc2012

[dx100uk]

well you've nailed you colours to the flag pole

 

if lowlife were stupid enough to goto court or Statutory Demand any of them

 

they are in for a nose bleed

 

dx

[avfc2012]

I thought that no matter what document is issued that copies must be provided upon request,

 

Shop Direct are incorrect by stating that they supplied me with the default notices.

 

The last documentation I received from Shop Direct were the monthly statements for the months stated.

 

That though leaves me with two default accounts, one with Lowell for £409 & one for CapQuest for £884.

 

Lowells are giving me 28 days before its passed back to collections, as for CapQuest, I am begining to think they actually dont exist as I still havent heard from them.

 

What would be the best thing to do now?

 

Is it a reclaim on the PPI, Warranty & Interest + compound interest with Shop Direct, if so how do I go about that.

 

That would still leave two recorded defaults, is there anyway that I can get them removed now?

[dx100uk]

if you can prove that the default notice sums contained penalty charges

the dN is invalid so must be removed.

 

dx

[dx100uk]

as for the warranty /ppi

fill out an FOS CQ foreach.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

and a covering letter

 

 

Dear Sir or Madam,

Re:

 

I am writing in relation to the above payment protection (PPI) policy which i believe was mis-sold to me in relation to my

I believe you have not treated me fairly for the following reasons;

· The PPI was added without my knowledge..

· You have been punished by the Financial Services Authority for failing to treat customers fairly and I do not believe that the PPI I bought was sold in my best interest.

Unless you can prove that the policy was fair and reasonable and that I was treated fairly when I was sold the insurance, I demand a full refund of all premiums, and subsequent interest on these payments, that I have paid in relation to this policy. I also expect 8% interest to be added to each payment I have made as this is the statutory amount a court would pay.

I look forward to your full and prompt response to this letter. If this matter is not settled within eight weeks of this letter I shall be contacting the Financial Ombudsman to investigate my complaint.

This letter is in respect of the above account that was issued by

Yours faithfully

.

.

.

or

.

.

.

.

The Complaints Department

[Lender’s address]

[Date]

Dear Sir/Madam,

Ref – policy number

I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid.

I took out a £xxx loan/credit card at your [branch name] branch on [date] and also bought a payment protection policy which would cost me an extra £xxx over the life of the loan. [The name of the salesperson who sold me the policy is …] The total amount of my premiums plus interest is £ xxxx.

When I took out the loan, I was told that my application would be refused if I did not also buy a PPI policy. The Financial Services Authority’s advice to consumers is that, while it does not breach FSA guidelines, a borrower should not be refused a loan if they choose not to buy an insurance policy.

Possible additional paragraphs – include any which apply to you

[i also told your salesperson that I had adequate insurance cover through a separate income protection policy.]

 

[i said I did not need the PPI as my employer provides a generous illness and redundancy package.]

[You are not allowed to make PPI a condition of taking out the loan unless you include the costs of PPI in the quoted interest rate, which you did not do.]

[in forcing me to buy this policy, you have also breached paragraph 8.6 of the Banking Code, to which you are a signatory.]

I do not believe being forced to buy this policy as part of the loan was a fair and reasonable obligation as I did not need this insurance and said at the time of taking the loan that I did not want it.

I am requesting a full refund of all my insurance payments, plus interest, which total [£ xxx].

If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman.

Yours faithfully,

 

and fire spread, CQ + covering letter off for each one.

 

dx

[avfc2012]

This is where Shop Direct & Lowell are standing fast, they are not a bank/credit card company the charges are applicable as per the agreements.

 

The values of which has been defaulted (and sold to Lowell/Capquest) all contained the administration charges, and where applicable the PPI & Warranty.

 

On the Littlewoods one charges alone come to £216 (APR 29.9%) and Additions £300 (APR 49.9%)

[dx100uk]

maters not they can state what they like

they are a fixed sum PENALTY charge.

 

they have and still do refund them.

 

dx

[avfc2012]

Is that against Shop Direct or Lowell/Capquest?

 

If Lowell, do I just reply to the email stating that as they are a penalty they should have been removed (plus the intrest) prior to default (is there any code/case that can be quoted)

[dx100uk]

the OC.

 

all you need to tell lowlife [or the others that OWN these 3 debts]

 

is that until Shop Direct refunds the PENALTY charges & the interest they have unlawfully levied

and

refunds the Protection Insurance & the other insurance they levied without your permission/authority

 

you are not prepared to discuss any repayment option.

 

and you would gladly accept the opportunity to put these matters before a judge if they wanted to pursue things

before such is sorted.

 

dx