Shop Direct

[avfc2012]

Is this acceptable as a reply to Lowell:

Dear Michael,

 

Thank you for your response on the 28th June 2013 as promised.

 

I appreciate the time you have taken in regards to my complaints, and the suitable actions undertaken on account Very £1080.

 

However I need to point out the following to your findings:

 

PPI Policy.

 

You have stated that “Shop Direct 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 would like to point out to you that this is completely incorrect, Shop Direct claim that I had cancelled the policy and not Shop Direct as you have stated.

If that was the case then again written evidence would have been provided by Shop Direct by the terms of their agreement.

As Shop Direct believe I had cancelled the policy in writing, then it was not due to “the premiums not being paid”, infact premiums are included into the balance you acquired from Shop Direct.

Please note that once again the Policy was not cancelled by myself and was also not cancelled due to being sold to a third party. Please see attached proof of said cancellation date which is prior to yourselves purchasing the accounts.

 

 

Default Notices

 

You have stated that Shop Direct “have confirmed they were issued on the following dates to xxxxxxx:

Very £1080 Issued on 30 April 2012; Littlewoods £409 Issued on 25 July 2012; Kays £173 Issued on 31 July 2012

”

 

I can assure yourself that this is not the case, statement of accounts were received in the months stated above but nothing else after this date.

 

You have also stated that “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.”

 

Again this is incorrect on two points:

 

1) When a Subject Access Request Under Section 7 – Data Protection Act 1998 is requested the True copies of the Default Notices must be made available.

I appreciate that my request was prior to the dates stated, however with your statement confirming that Shop Direct are unable to provide the said copies, it can only be determined that NO default notice has ever been issued in relation to any of the accounts sold by Shop Direct to yourselves (and CapQuest) and therefore the entries recorded with Credit Reference Agencies are incorrect.

 

2) The Defaults recorded are an inaccurate reflection of the account as they have been sold and recorded by yourselves containing the FIXED Penalty Charges (Each Administration Charge applied as a penalty for delay of payment). Regardless of the Terms & Conditions the Administration charges are deemed a Penalty and therefore are Unfair. (This is not limited to Banks / Credit Cards but all aspects of when a Penalty is applied to an account.) All Penalty charges & interest have been unlawfully levied and should be removed from the accounts and in addition should not feature in any default.

 

 

As previously pointed out to yourself the combined Charges/PPI completely outweigh the combined debt sold by Shop Direct, therefore NO account should have been sold or reported as a default.

 

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 I am not prepared to discuss any repayment option.

 

I would gladly accept the opportunity to put these matters before a judge if Lowell wanted to pursue before the above is sorted.

[dx100uk]

far too much waffle and incorrect statements

 

i'e they mudt include copies of DN's in the sar, they don't, only have record of their system sending one.

 

however, IMHO I would SIMPLY state what I have said in my last msg.

 

you are entering into letter tennis with a dca on issues , that, as such, are nowt to do with them, and, none of their business to even be discussing with them

 

you are forgetting they are ONLY A DCA, don't give them feeling ofgrandure about what they can and cannot decide upon.

 

keep to my msgs above.

 

WHEN & IF shop direct refund the penalty charges & the PPI unlawfully levied against all three accounts, THEN you will CONSIDER any necessary payment that MIGHT be owed

 

until that time, you have no idea of the TRUE level of your debts.

 

to enable the matter to be sort in a swifter time frame for all.

 

you would GLADLY love to goto court and expose these matters.

 

end of letter.

 

dx

[avfc2012]

Hi I have just got the following email from Lowell:

Dear Mr xxxxxx

I acknowledge receipt of your correspondence dated 29 June 2013 and note all your comments.

Firstly, I can confirm that the default for account Kays_£173 has already been removed from your credit file. The default for account VERY £1080 should be removed within the next 7 working days at the latest.

Although I appreciate your position on the charges made to the accounts, I cannot agree that they have been made as a penalty or unlawfully. I would also point out that the balances of all but one account have been written off as a gesture of goodwil and therefore, the figure you quote of £2000 for interest and charges is simply not accurate for the remaining balance on account Littlewoods_£409. The total charges applied to that account amount to £216.00 and no interest was applied.

On that basis I propose the following options to resolve this matter:

· I would be happy to accept a reasonable payment offer from you to settle this account and to mark the default that relates to it as partially satisfied. As previously discussed, any settlement or payment arrangement can be tailored to suit your financial circumstances.

· Alternatively if you are unable or unwilling to make a payment to settle the account, I will write off the balance as a commerical decision and with no admission of liability, but I would not be willing to update the default information for this account, as I believe it has been correctly and lawfully recorded.

The Lowell Group of compaines works to ensure we deal with complaints in a fair and prefessional manner and I hope you agree this has been the case. I will place your account on hold for a further 28 days from the date of this email for you to assess these proposals. If no arrangement is made after that time, the account Littlewoods_£409 will be returned to our Collections Department.

Thank you for taking the time to bring your concerns to my attention.

Yours sincerely

Michael Jones

Customer Relations Team Leader

complaintsresolution@lowellgroup.co.uk

0800 542 0058

[dx100uk]

is the cca for this debt enforceable ?

 

dx

[avfc2012]

Attached are all the CCA's that I appear to have from the SAR request.

 

[ATTACH=CONFIG]45031[/ATTACH]

 

[ATTACH=CONFIG]45032[/ATTACH]

 

[ATTACH=CONFIG]45033[/ATTACH]

 

As of today, ONLY the Littlewoods £409 & Capquest/Addistions remains on my credit file.

 

Did'nt realise that there isnt a CCA for the account now with CAPQUEST.

 

Also from looking at the Experian Credit Report this morning, something I dont recall noticining:

 

Lowell: Default Date 15/08/2011

Balance: £409; Default Balance: £205

 

Capquest: Default Date 04/12/2012

Balance: £884; Default Balance: £393

Edited July 6, 2013 by avfc2012

[dx100uk]

the two cca's that are not signed if from before mid 2007 are no good

 

dx

[avfc2012]

Nah all signed after 2009.

[avfc2012]

I'm attempting to complete the PPI reclaim application for the Very £1080, Additions £884 and Kays £173 and I would like to know if the following is suitable:

Section E: about your complaint

All insurance was taken out online, no details were provided before I took the insurance and no one from Shop Direct contacted myself to explain the insurance policies.

 

Cost, terms were not provided or explained, only details of benefits were quoted as "incase you are of work and unable to make payments"

I was unable to ask any questions relating to the sale of the insurance policy due to this being at Point of sale via the internet.

I took the insurance out as the advertising for this by way of "protect your payments" seemed to promise my payments would be covered where as if I didn’t then I would run the risk of detramental marks on my credit file and should i fall behind risk further action

 

 

Reasons as to why I am unhappy about the ppi:

 

 

The online application led me to believe that taking out a policy was a pre-condition and could not be enetered into at a later date.

The online application led me to believe that taking out a policy would improve mychances of a successful application, as it was by way of the term"tick here for acceptance"

The online application did not offer me a clear choice of a credit account without insurance.

The onlince application did not give me an illustration showing the repayments with and withoutinsurance until after I signed for the insurance.

The online appliaction painted a scenario where I would be reliant on the insurance which would not have been true for me

The online application did not fully explain the policy and its exclusions to me

No checks were undertaken to see if I was suitable to qualify for the insurance.

I was employed at the time but Shop Direct Finance Limited did not inform me that any change to this could invalidate sections of the policy during its life. I was not asked about any intended charges or informed or warned of their effects on the policy.

After explaining to Shop Direct Finance Limited that I was now not working due to sickness in August 2011, not once did a member of staff provide myself with the documentation to submit a claim under the policy, yet premiums still being applied.

Policy was cancelled by Shop Direct Finace Limited on 26/09/2011 yet a premium was applied on the 17/09/2011

Shop Direct Finance Limited state that I cancelled the insurance policy, yet the policy states that all cancelations must be done so within writing from both parties.

 

 

On the template letter you posted it mentions the 8% compound interest, do I need to put that or do I put it at the rate of the account (44.9%), and should I mention in the letter or on the application that I incurred charges on the account, associated to missed payments brought on by the PPI, of which the accounts have now been sold on for collection.

[dx100uk]

you put all your 'stuff' about mis-sale in the FOS CQ

 

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

 

your covering letter should be very brief

 

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,

 

.........

 

 

post up your spreadies too

 

dx

[avfc2012]

The PPI Spreadsheets are as follows (all at the rate of the account):

 

[ATTACH]45045[/ATTACH]

[ATTACH]45046[/ATTACH]

[ATTACH]45047[/ATTACH]

 

Warranty spread sheets are as follows (all at the rate of the account):

 

[ATTACH]45048[/ATTACH]

[ATTACH]45049[/ATTACH]

 

Do I just use a letter for the warranty parts or again use the CQ?

 

I take it that addmission & repayment any ppi/warranty means I can then go back against them regarding the charges, saying that they were applied whilst ppi etc was on the account.

[dx100uk]

if they do the job correctly

then any penalty charges that are 'wrong' because you were not over limit etc

will be refunded to

 

it might be an Idea, rather than a scatter-gun approach

to focus on one reason

 

i'e your works cover was better than any PPI

keep the rest for last.

 

99% of PPI reclaims [say with health workers etc gov't employyes of gov't sick pay etc win , by using that reason alone

as its mentioned it the FOS case notes FAQ']

 

i'll check the spreadies later.

 

dx

[dx100uk]

treat the warranty as PPI yes do a letter etc etc

use the same FOS CQ for each one, same single reason

 

then if they cough on one, they cant refuse the others

dx

[avfc2012]

So it would be best to send them individually through the post rather than all in same envelope same day.

[dx100uk]

yes

 

individual claims

 

a must

 

the only time you link claim is when they are refinanced stuff.

 

they stall you and make you fill our 'their' questionnaire anyhow bet.

 

send them to

 

Customer Excellence Team

Shop Direct Ltd

Aintree Innovations Centre

Park Lane

Netherton House

Bootle

LS30 1SL

[dx100uk]

each pack should contain

 

FOS CQ

simple covering letter

spreadsheet

 

dx

[avfc2012]

if they do the job correctly

then any penalty charges that are 'wrong' because you were not over limit etc

will be refunded to

 

it might be an Idea, rather than a scatter-gun approach

to focus on one reason

 

i'e your works cover was better than any PPI

keep the rest for last.

 

99% of PPI reclaims [say with health workers etc gov't employyes of gov't sick pay etc win , by using that reason alone

as its mentioned it the FOS case notes FAQ']

 

i'll check the spreadies later.

 

dx

 

Thinking about it last night I cant really say that works one was better due to making a claim under the PPI policies..

 

Also I think it would be best to send through the PPI for the Kays account first as that is for a small amount of £52 for the ppi charges PLUS £102.64 for compound interest at the account APR of 49.9%

[dx100uk]

ok good

 

glad you are thinking what is best for you

 

dx

[avfc2012]

Should i be worried that some of the ppi's are less than what was actually paid out under claims? or should i just wait to see if they pick up on in.

[dx100uk]

look like you've got a nice high int rate too, mine was only 31% kays life style

[dx100uk]

Should i be worried that some of the ppi's are less than what was actually paid out under claims? or should i just wait to see if they pick up on in.

 

really sri didn't realise that

 

so even with the comp int calc, you've had more out of the ppi that what you paid in?

 

dx

[avfc2012]

Payments made under the PPI (ABC) and the PPI balances are the following:

 

Kays:

ABC Payments £213.09

Ins Charges: £52.40 + Compound Interest @ 49.9%: £103.28 = £155.68

 

Additions:

ABC Paymnets £286.50

Ins Charges: £96.75 + Compound Interest @ 49.9%: £217.67 = £314.24

 

Very:

ABC Paymnets £605.01

Ins Charges: £442.25 + Compound Interest @ 44.9%: £1,134.01 = £1,576.26

 

This does not include the Warranty's only the insurance charges on the account.

[dx100uk]

sri lost me

 

they 'paid' your monthly min some months using the PPI. total tht for each

you paid IN to the scheme - total those for each using the CISHEET at THIER int rate.

 

dx

[avfc2012]

Those are the total figures quoted above, the ABC payments as they call them are what was paid out under the ppi.

 

The other is what the monthly ppi premiums plus the interest at their rate comes to. Combined total in my favor by 941.58

[dx100uk]

ok thanks for clarifying that.

 

i'd go with what I have said before.

 

simply write regarding each debt to whomever owns it.

 

state simply, that, until shop direct redresses the issues over unlawful PENALTY charges

and PPI & Warranties mis-sold to me over the THREE ACCOUNTS I had with them.......

 

I have NO CLEAR IDEA of WHAT I ACTUALLY OWE.

 

until/IF Shop Direct resolve these matters, I consider all three accounts in dispute.

 

I would gladly welcome that any/all accounts be taken to court

and invite you as the current owner of XYZ No. debt to do so.

 

However, I repeat again for want of clarification...

 

I will not enter into any further communication with yourselves as the owner

regarding this debt.

 

dx

[avfc2012]

I've strangly had a letter from Shop Direct today quoting all 4 account numbers and stating "Thank you for your letter 3/07/13 regarding your complaint in relation to your Very account. Please accept our apologies that you have found it necessary to complain." followed by there speil about providing best etc.

 

I havent spoken to SD or sent any letters to them for sometime? and yes the very account was the large one that Lowells have just written off.