Reclaiming charges on behalf of sister

[sarahdactyl]

My sister got herself in a bit of a pickle with regards to store cards a few years back and my mum is still aggrieved that she had to pay them off - on their behalf I am now going to attempt to claim some of the unlawful charges that were applied to the accounts back. Mum tells me that a debt of around 300 pound spiralled to 800 and they threatened the bailiffs so there has to be something to claim back in there!

 

I know that one of the cards was Debenhams (So this is GE Capital right?) and that there are others (Still waiting for her to tell me what they were).

 

We have no account codes or anything as this was all paid off a while ago.

 

Starting with the GE Capital (Debenhams) one, in order to find out the details etc IE account code and statements do I send a letter to GE Capital asking for them to disclose all the info with a normal S.A.R and 10 pounds?

[Guest ian cognito]

Yes thats correct Sarah, don't mention Debenhams, just the name and address and as the SAR requires disclosure of all details held on there systems, and as GE Capital seem to run most storecard accounts, you may end up getting a lot of the information in one go!

[Glenn UK]

Id second that dont mention the accounts by name but give them all the info necessary to identify the claimant and relate them to any accounts she had.

 

I would also include some form of id such as a recent utility bill to avoid any problems with that issue.

 

I more or less did this with the co-op, i gave them my name, DOB, all the addresses at which i though they may have communicated with me and left them to it.

 

They found me with no problem now im suing them.

 

HTH

 

glenn

[sarahdactyl]

Thanks both of you The cards in question are Debenhams, Oasis and Dorothy Perkins, all of which appear to be GE Capital.

 

I've had her sign the S.A.R and I will post it tommorrow.

[Guest ian cognito]

I'll follow with interest, got a few GE cap ones myself!

[sarahpp]

Thanks both of you The cards in question are Debenhams, Oasis and Dorothy Perkins, all of which appear to be GE Capital.

 

I've had her sign the S.A.R and I will post it tommorrow.

 

You may like to check the information they send through to you very carefully. G.E. are sending through a lot of incomplete data or claiming that they cannot supply anything older than 5 years.

 

I have just had to send them a Letter Before Action for non-compliance and lodged a complaint with the Information Commissioner.

 

Hope this helps

and Good Luck

 

Sarah

[sarahdactyl]

Thanks for your reply Sarah!

 

I am still waiting for these statements at the moment, I hope they come soon and have lots of charges on them - my parents are paying for my wedding and I'd like to give them some money back to contribute towards it!

[sarahdactyl]

I actually ended up sending the letter a week or so later than I intended so the dates are not strictly accurate. They cashed my cheque yesterday so with any luck we'll have statements soon!

[sarahdactyl]

Right, I got some statements yesterday but surprise surprise they aren't complete - they seem to have only sent me statements for one account but she tells me she has three! They have also not advised which account the data is for.

 

What next - should I contact them by letter or phone do you think?

[sarahpp]

Always by letter and sent recorded delivery. Remember, you may have to make a complaint to the Information Commissioner and/or force compliance through the courts so, have everything in writing.

 

I would also mention how close they are to the 40 day limit ( it is unclear from the posts because I think you were later posting them weren't you?) asking them to expedite the matter in view of this.

 

Hope this helps

 

Sarah

[sarahdactyl]

I have tried now to write this letter twice and both times it has been rubbish! Does anyone have a template or a guideline as to what exactly needs to be said in order to force GE Money to send me data for the other two accounts?

[sarahpp]

I have tried now to write this letter twice and both times it has been rubbish! Does anyone have a template or a guideline as to what exactly needs to be said in order to force GE Money to send me data for the other two accounts?

 

Letters in the bank template library http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html#post38561

[sarahdactyl]

Thanks Sarah! Don't know why I didn't spot those

[sarahpp]

Don't worry - I'm the same. I think I have thoroughly researched my stuff and then find something on the site I didn't find the first time around. You may guess that I know about these templates because I have had to use them for GE Money!!!!

[sarahdactyl]

Bah, still no further response and the 40 days is well and truly up now.

 

What should I do next? Should I assume the charges will be similar on all 3 accounts and multiply my figure from the 1 set of data I was sent by 3 and challenge them to prove me wrong?

 

Or do I now need to push for compliance through the courts etc?

 

Humph!

[lynpax]

Oasis Card is Ikano Fin. Services...Not GE.

[sarahdactyl]

Cool, thanks for letting me know - I will persue that one separately

[sarahpp]

It is difficult I know but, I think you will have to estimate. I have basically estimated the charges I was unable to ascertain and, as you say, challenged them to prove me wrong. Not that I have had replies to either the prelim or LBA and am now ready to file. A lot of us are in the same position with GE.

 

If you somehow manage to get hold of the statements at a later date (hmm- likely) and you find you have underestimated you could take them back to court.

 

If I were you I would lodge a complaint with the Information Commissioner as well. You can download a complaint form from the website and it only takes a few minutes to complete and get the evidence together.

 

Hope this helps