Shop Direct Charges REclaim

[kirstyo]

Their form doesn't provide space for all that, it just asks you really basic things like did you give them a chance to remedy the situation, what did they say. it doesn't actually ask what your original request was so I was thinking of putting it all in an email then just attaching the form and supporting evidence which at this point is all of one letter if I don't include the few sheets of rubbish that came in reply to my sar.

[Ford]

that seems ok, as per their form then. if they need any further info from you, can send it as required? see what ims says.

[ims21]

It is all about balance really in my view.

 

You could knock yourself out doing a whole lot of stuff and a huge report, half (or more) of which may not be needed. Conversely you could provide too little.

 

If it were me I would get the major points over such as what you feel they are required to provide, what they have failed to provide and what you would like the ICO to do about it for you.

 

Don't forget, the complaint doesn't necessarily need to be done using their form.

[kirstyo]

Quick update since there isn't much to say really.

 

I got pretty much nowhere with the ICO,

 

littlewoods told them they had sent me everything and they believed them.

 

After some back and forth with shop direct's 'customer excellence' department

I did eventually get the explanation of terms that I was promised originally,

however not one of the explained terms is anything to do with charges so it doesn't actually help at all.

 

I realised that I was getting nowhere with trying to find out the actual dates and amounts of charges

so I have made a formal complaint in which I have asked for the £180 of charges that I know were definitely applied to the account

and some sort of explanation of why the balance changed from what it was to when it was sold for a higher amount to capquest.

 

I have also asked for the default to be removed as I believe that they are at fault here not me,

had they sorted this out at the time and not reduced my limit I would never have defaulted.

 

I doubt they will remove the default but I figured it was worth a try.

 

I gave them 30 days to respond on the 18th of last month

 

hopefully I should hear soon what they plan to do.

[kirstyo]

I have a final response from shop direct which said they are giving me nothing.

 

 

The charges were apparently all for my missed payments and letters they had to send me because of them,

I was tempted to tell them they couldn't have sent me letters since I got none in my SAR but thought better of it.

 

 

They also said that the £70 difference between the two balances was me ordering an item,

while I was over my limit and behind on my payments?

 

 

I find that hard to believe but because I cant understand anything they sent me I cant prove them wrong.

 

 

The woman assures me that there were no charges for being over my limit

and doesn't seem to understand that them making me over my limit caused the problem,

she was argues that my minimum payment wouldn't have gone up because of this

which is an outright lie because you obviously have to pay your overlimit amount

as well as your minimum and the stupid charges.

[dx100uk]

scan up the letter please

 

 

dx

[dx100uk]

pics have neverworked

you might have done .png not .jpg, .png works.

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAGicon IMMEDIATELY YOU DO NOT NEED 10 POSTS

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IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAGicon you must ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

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ENSURE: To leave all Monetary Figures and Dates.

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DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

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1. SCAN YOUR DOCUMENT

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- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

- Don't forget you can use a mobile phone or a digital camera too!!

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- If you have multiple scans/pictures please put these into a WORD DOC first ensuring you have removed all Personal Information before converting to PDF.

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- IPHONE ONLY: Take a picture and Convert to PDF via an APP

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- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

- If you have PDF as an installed driver use this program and save as PDF.

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OR Go to one of the many free online pdf converter websites:

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- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

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PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

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4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

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- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

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IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

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5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

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- In your Thread/Post open a new msg box here.

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- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

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[kirstyo]

Ok I have tried again, I don't understand why its not working, its exactly what I did before

[dx100uk]

we didn't see your charges reclaim letter

neither your spreadsheet

 

 

can we see those please

 

 

dx

[kirstyo]

I couldn't do a spreadsheet since they refused to send me the information I needed for it, despite a SAR, a complaint about the SAR and trying to get the ICO involved. I will have a look for my complaint letter though.

[kirstyo]

I cant find the letter I sent anywhere, but then I cant find anything on this windows 8 laptop.

 

 

I just edited the one from the library slightly to point out about the balance discrepancy

and the fact that I didn't have a spreadsheet to send.

 

 

They followed up with a phone call and I just told them what I had already said in the letter.

 

 

I really have no idea what to do now because they are saying they have every right

to place these charges on my account and didn't seem to understand my point

that they made my payments unaffordable and that's why I couldn't pay it for the few months that were missed.

 

 

I am beginning to think I should have just paid this and fought it after the fact.

[ims21]

So what was the final decision by the ICO?

 

The letter you posted from the lender is standard....none of them will give the charges back at the first hit. If you really want these back then you need to be prepared to go the whole nine yards and sue them.

 

Are you 100% sure that there was no transaction history or copy statements in the information they provided in the SAR? If you are sure then I revert to the first question....what are the ICO doing about it?

 

From doing your research around the forums you will probably know that failure to comply with a SAR is actionable in court on its own. What consideration have you given to this course of action?

 

So the questions are...

 

1 - Are you serious about getting these charges back and if so (as mentioned in earlier posts) are you prepared to go the distance and sue them?

 

2 - If you are sure that they have not complied with the SAR then are you prepared to go the distance with this as well?

 

Unfortunately reclaiming of charges is not just a simple matter of writing a few letters. In nearly all cases court action is needed and even then there is no guarantee although you will have surely seen the successes that people have had taking this route.

 

You do, however, have to be committed, do your research and "go for it" if indeed you are up for it.

 

So you need to make a decision.....which way do you want to go?

[kirstyo]

All that came in the SAR were computer print outs full of code, according to shop direct this is a statement.

There were no screen notes,

none of these alleged letters I was supposedly sent,

no records of phone calls of which I know there were many.

 

 

I complained about the failed SAR at least three times both to shop direct and the ICO

and it made no difference at all.

 

 

Shop direct said they had sent everything they had and that must have been good enough

for the ICO because they wouldn't do anything at all.

 

The honest answer is that I wasn't planning on doing anything about the SAR

provided they sort this nonsense with charges, I might change my mind now though.

 

I would be more than willing to go to court,

but as I have said before how can I possibly do that when shop direct

have refused to send me the information I would need for this.

[ims21]

As said, failure to comply with a SAR is actionable in court itself so you could issue against them to force compliance.

[citizenB]

If they sent you a list of coded items, then they should have also provided you with a list of the codes and what they meant.

[kirstyo]

The original letter with the SAR said there was a list of the codes used

but there wasn't one in the envelope,

 

 

after the three complaints they did eventually send one but not all the codes are one it.

 

 

The code for charge wasn't on it but they gave me it over the phone eventually.

[dx100uk]

how about you scan up what you have got back?

 

 

dx

[kirstyo]

how about you scan up what you have got back?

 

 

dx

do you mean what I got back from the sar?

[dx100uk]

sure

[kirstyo]

Sorry I never got a notification for your last post, I can try and scan it up tomorrow night.

[kirstyo]

Sorry for my late reply, lots going on just now.

 

 

I have tried to scan a few pages of what I received but as its white writing on black background

it doesn't seem to come through very well.

 

 

I have had a really good look at it all again and

I am still not satisfied that it counts as statements,

but I have a feeling I would never get anywhere with that.

 

 

The ICO were uninterested,

as far as they were concerned I had been sent what I asked for

even although there is so much missing.

 

 

I am half tempted to just pay the rest of this off,

but why should I let them get away with treating me like this.

 

 

They eventually called me to discuss this and

I told them I didn't want to discus it on the phone

but they started talking anyway and

 

 

I just listened to her,

what she said was that being over my limit (their doing, not mine)

would not have led to higher minimum payments!

 

 

of course it does because you have to pay the difference between your limit and your balance, plus your normal payment.

 

 

I told her to write me a letter if she had anything to say and hung up.

[Carl_B]

This doesn't bode well for my plan to claim back charges from Very/Shop Direct

 

Thank you for you continued updates and I hope you get those thieving gits! as others have said I think you need to take them to small claims court now if you want to get anywhere...

[kirstyo]

I really dont want to go to court based on the little info I have.

 

 

If I had the full information I would be at court first thing tomorrow

 

 

I dont think I have the info I would need.

 

 

I might try another few letters though and see where it gets me,

 

 

since they are flat out denying that what they did made me unable to make my payments

and I cant prove them wrong with what they sent me

i doubt I will get very far.

 

 

My only option as far as shop direct are concerned is to take it up with capquest

which I might do since they have actually been surprisingly helpful through all this.

[ims21]

Sadly there is a process which needs to be followed.

 

Claimants should always be prepared to take their case through the courts as these outfits do not generally refund as a matter of course.

 

The process is...

 

1 - Prepare a spreadsheet of claim

 

2 - Preliminary letter to the business requesting refund and enclosing a copy of the spreadsheet.

 

3 - The business either ignores or responds negatively

 

4 - Claimant issues Letter Before Action with updated spreadsheet

 

5 - Business either ignores or refuses to refund

 

6 - Claimant issues in court

 

Some business will settle before a hearing, others take it all the way. There are no guarantees as to their actions and there are no guarantees that the court will find in your favour. This is why claimants must put in the leg work and do their research so that they know what they are talking about if it does get before a judge.

 

Some people get the impression that reclaiming penalty charges is easy and that it is just a couple of letters. Highly unrealistic. People need to be prepared to go the whole hog.

[kirstyo]

I physically cant produce a spreadsheet because they wont give me the information I need to fill one in.

 

 

I was more than willing to go to court but I need the information to do it which I dont have.

 

 

I have put in plenty of work with help from this forum over the last year

 

 

I cannot force them to produce the information they are claiming not to have

or they have already sent me.

 

 

the ico wouldnt help me so there is nothing else I can really do.