Shop Direct Charges REclaim

[kirstyo]

Well I finally got stuff through from littlewoods.

 

I am so angry, not only did they go over the 40 days but what they have sent me is useless.

 

there are a few screen captures then a load of what looks like print outs from computer screens,

no statements, no copies of any notes taken from discussions I had with them on the phone.

 

Also it clearly says on the letter that they have included a plain English explanation of any codes etc

used but this is not there either.

 

So tempted to phone them and shout at them but I know this is the wrong thing to do.

 

Can anyone advise me what I do now?

[ericsbrother]

report them to the ICO and they will tell Littlewoods to try again. Send a copy of your complaint to Littlewoods with a list of what you expect, namely EVERY bit of data they hold.

[Ford]

yes, check with ico, the ico in their guide regards copy statements as data as it wld have name/address etc on them. communication/timeline logs shld/usually are also be included

[kirstyo]

Thank you, I will get on to this tomorrow.

[kirstyo]

The ICO advised me to send another letter giving them another 14 days to send what they should have sent in the first place. I told them I wasn't happy to do this due to how long it has taken to get any sort of response from them, but they said I couldn't report it to them without sending another letter even although I have already sent a follow up to them. I am off to try and catch the post office before it shuts to send off the letter they recommended, hopefully this will get me my statements.

[Ford]

yes, usually needs to be complained to the sar recipient first. check out the ico site re complaints to the ico. the ico usually gives a data controller a chance to sort things out before intervening.

[kirstyo]

I had already complained to them before I contacted the ICO but regardless they made me sent another complaint letter so that's what I have done. it has been received so they have 14 days now, if they don't send what they are supposed to I will be complaining as I am fed up with the way they are messing me around.

[Ford]

oh ok, soz missed that. ico shld've dealt with then if creds complaint time was up. no worries, ico have said do another letter giving them another 14 days. after 14 complain to ico.

[kirstyo]

That's the plan.

 

 

Well obviously I am hoping it doesn't come to that,

 

 

I would much rather just have the information

 

 

I have paid for and be able to claim my charges back and get this out of my life.

 

On a side note, I have heard about people getting defaults removed from their credit files if they were placed there as a result of charges

does anyone know if this can be done and if so how I do it?

 

 

I defaulted as a result of charges and them reducing my credit limit to less than the balance,

putting me overlimit therefore more charges each month.

[Ford]

according to one of their guides, if amount outstanding is soley due to fees/charges then a def should not be placed? see #22 here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?323570-Default-Info/page2 (p7 in the pdf)

 

check out oft irresponsible lending guide etc as well.

[kirstyo]

I will check it out thanks,

the whole amount wasn't charges though so maybe wont be able to do it

but it was the excessive charges that made me unable to pay it.

 

 

short version of the story is

 

 

I was a few days late with a payment (my fault I agree)

in response to my late payment not only did they charge me

but they reduced my limit to less than what my balance was

meaning that there were overlimit charges as well

which I couldn't afford to pay on top of my usual payment.

 

 

I would be happy enough to get it satisfied which claiming back my charges will do

but if it could be removed all the better.

 

 

I will have a read of the link you posted thank you.

[kirstyo]

I have received a response from littlewoods

saying that they have sent me everything they have,

they cannot send me anything before april 2008 apparently.

 

The strange thing is that according to their own records which the DCA kindly send me,

I only opened the account in 2009 so there is nothing before 2008 for them to send me as the account did not exist.

 

Does anyone have any advice for me?

 

Should I complain to the ico now?

 

What else can I do?

 

am so angry with them right now!

 

oh and they still haven't sent the explanation of terms that was supposed to be in

with the little bit of information they did send me,

even although they promised to send it straight away

when I told them it wasn't in the envelope I received.

[kirstyo]

can anyone advise me what I should do next?

 

 

Should I just claim for the £180 of charges that I have proof of?

 

 

if I do that it will cover the balance and at least it will be settled.

 

 

I am still really angry with them for the way they have treated me but more than anything I just want this settled,

it is my last one to settle,

or the last one I plan to settle anyway

 

 

I have two payday loans that are only a few months away from stat barred

that I have heard nothing from in years so I have no plans to deal with those.

[ims21]

So they have confirmed in writing that they have sent you all they have.

 

You say the account was opened in 2009 so you now have all of the data with the charges on?

 

In which case you need to send a preliminary letter of claim to the lender. If they refuse to refund the charges or you get no response then you would need to send a "letter before action" and give them a final chance to make the refund. If they still don't do it then you would need to sue them.

 

Don't threaten court unless you actually intend to go through with it.

 

Be aware that you may actually have to end up in front of a Judge arguing your case. The lender may cave in before court but always be prepared that they may not do so and might defend any claim.

[kirstyo]

Yes they sent a letter saying that was everything because they couldn't provide anything before 2008

and they claim the account goes back to before 2008,

which is the strange thing because this account never existed before 2009 and I have that in writing.

 

I don't have the data with the charges on,

but I do have a statement of account which shows £180 in charges.

 

 

They never sent me any statements in response to my sar

and what they did send made no sense what so ever

because I never received the explanation of terms they promised.

 

 

There were also no notes or recordings of conversations I had with them

and I know I had several conversations with them trying to get them to put my limit back to what it was

so I was no longer overlimit and could actually afford my payments

which would have prevented this whole mess in the first place.

 

 

I never intended to take this to court, but the more and more they annoy me the more I think I might be willing to do that.

[ims21]

Ok so if you haven't received copy statements or a transaction history or a sheet which explains the codes used then they have failed the SAR.

 

I see that the ICO has been contacted already and as the lender's 14 days are up then you can now complain to the ICO if you wish and they should now take this up for you and force the lender to comply with its obligations.

 

Alternatively you can stick with what you have if the amount of charges exceeds the liability on the account and proceed with the claim for that amount.

[Ford]

ditto

[kirstyo]

The ico suggested I contact them for a third time since they failed the sar and ask them if I can pay for copy statements, I told them I wouldn't do this as it should have been covered by the original sar. Should I contact the ico again to clarify or just claim the 180 and get this out of my life?

[ims21]

It is your call.

 

Which way do you want to go?

[kirstyo]

I think I will contact the ico just to clarify their position on it and take it from there. I really just want it settled but on the other hand I would hate to see them get away with treating a customer the way they have treated me. I will update once I have been in touch with the ico.

[kirstyo]

After several more promises from littlewoods to send me the explanation of terms they promised me weeks ago and that someone would 'look into' the fact that they didn't send me everything they should have and get back to me, I have still heard nothing. Time for a more formal complaint I think.

[ims21]

After several more promises from littlewoods to send me the explanation of terms they promised me weeks ago and that someone would 'look into' the fact that they didn't send me everything they should have and get back to me, I have still heard nothing. Time for a more formal complaint I think.

 

 

Yes, get your full complaint in to the ICO.

 

You have contacted them before and they invited you to contact them again if you had no joy so now is the time is to request that they act and force compliance.

[kirstyo]

I have just filled in their form,

 

just need to scan all the things they sent me which shouldn't take long since they have sent me barely anything.

 

Do I need to scan and send everything they sent for the SAR as well

or just the letter they sent telling me that was everything I could have

and that the account pre-dated 2008 which it clearly didn't it was opened in april 2009

[ims21]

I think at this stage only send them the relevant bits of information. Ask them if they want any more information and of so you will be happy to provide it.

[Ford]

more import to explain/show whats missing that you require/should be produced then what you have received, except them saying no more to add. maybe just a list of what you have received should suffiice if inclined? save expense. and, moreso, a list of what you should/expect to receive ie where they have failed? for cred data controller to show ico that they have complied. if that makes sense