fos says verbal admission means i have to pay?

[fragrantrose]

I referred a complaint to the Fos about Shop Direct falsifying a credit agreement, which they did.

The Fos have stated they must go back to the original credit agreement so I asked for a copy of this and Shop Direct did not have one, but provided an up to date blank copy.

 

The Fos say that because my son, on my behalf due to my illness, agreed verbally to this new agreement it proves I owe the money stated.

However the Fos have cancelled the new agreement because of the falsifying of the credit agreement so doesnt that nullify any of these credit agreements.

[dx100uk]

tell us the whole story please

 

admission has to be written not via the phone.

 

dx

[fragrantrose]

I had a mail order account with Shop Direct and

 

found that they kept adding and adding on charges and

 

I could not keep up with them.

 

I asked them to reduce the monthly payment figure,

but instead of doing that they opened a completely new account

and added another £3000 for credit charges.

 

This was agreed verbally by my son, because I have been suffering from cancer,

 

after him going through all their figures on the telephone we waited for them to send the papers

which included a credit agreement.

 

Despite numerous requests no credit agreement came, but

Shop Direct said they had received one from myself, signed,

 

I requested a copy of this.

 

Nothing came, until eventually I received an email from Shop Direct stating there was no credit agreement.

 

They continuing to ignore my requests for information so I decided to contact the FOS and stated the facts to them.

 

Shop Direct suddenly came up with a credit agreement and letter,

neither of which I had seen before and which contained a false signature.

 

I told the Fos this.

 

The Fos have come back with a final decision stating that Shop Direct must cancel the credit agreement

and go back to the original agreement, and that they had no right to add £3000

on top of what I already owed, after I had complained that I could not keep up with their figures.

 

They also awarded me £250 for the way Shop Direct have acted.

 

I asked to see the original credit agreement the Ombudsman had referred me back to,

Shop Direct did not have a copy

just provided the Fos with an up to date blank copy.

 

I asked for a breakdown of the figures and

Shop Direct have sent me three pages which included items I have never bought from them

and a financial breakdown that even my son, who works for a bank,cannot follow.

 

I pointed this out to the Fos, they have come back with the decision

that I must have had monthly statements, which was true,

nowhere could I find some of these items they had listed.

 

They also stated that although they doubted the validity of the credit agreement that Shop Direct had falsified,

they disregarded this saying there is a verbal telephone conversation that proves that

I knew I owed Shop Direct money.

 

However that verbal agreement was based on me receiving a copy of the credit agreement they say I signed,

and they have never sent me one, but only one to the FOS.

 

I am bewildered about this and wonder whether their falsifying my signature nullifies the whole account,

otherwise they are just getting away with this false agreement.

 

When I pointed this out to the Fos , they said you can take Shop Direct to court regarding this false agreement,

but this does not change their decision.

 

So if I sign that I agree with the Fos decision I have in fact, signed a document

saying that new credit agreement does not exist

 

Can you advise me on this??

[dx100uk]

you under no obligation to sign the FOS letter

 

simple write bak to them stating the sig is not yours

and that you wish the decision to be reviewed by the Oms

you have a decision from the adjudicator I would guess not the ombs?

 

as for shop direct

send them a CCA request.

 

have you ever sent them an official SAR?

 

if not do so and tell the fos you are doing this too

 

dx

[fragrantrose]

Thank you for your reply.

 

No this is the second and final report from The Financial Ombudsman and they state that I have not complained about the figures and therefore they do not think they are relevant.

 

Fragrantrose

[dx100uk]

time for the SAR & CCA then

 

dx

[fragrantrose]

I must also add that I have until the 12.5.14 whether to accept or decline The Ombudsmans decision.

 

The sar gives the company 40 days to reply to me.

[dx100uk]

pers i'd be rejecting the fos decision and get on with the paperwork

 

no SIGNED CCA shop direct

 

no payment

 

dx

[fragrantrose]

You mentioned my sending a CCA request.

 

I asked Shop Direct at least 10 times, in writing, for a copy of the CCA.

 

They never sent me one, but did send an email stating there was no CCA.

 

Once the fos were involved they suddenley produced this CCA I had never seen before with a false signature.

 

As I mentioned the fos disregarded this because they said they had a tape of a conversation between my son and Shop direct regarding sorting the financial details out

and they have said that stands, I assume,more than the falsely signed cca

 

Fragrantrose

[renegadeimp]

Was it an adjudicator or the ombudsman who made the decision?

 

Wouldnt falsifying a signature be fraud?

[fragrantrose]

It was the final decision by the Ombudsman.

 

I was first referred to a adjudicator, and did not agree with him, so I was referred to and Ombudsman.

 

I replied to the first Ombudsman stating that I couldnt understand Shop Directs financial breakdown or list of purchases they had sent and asked for further clarification.

 

This was referred to the second and final Ombudsman, who appears to have dismissed that because he states I have not listed specific parts even though I stated the list of purchases is incorrect and includes purchases I have never made, and I cannot understand Shop Directs financial breakdown.

 

Fragrantrose

[dx100uk]

the FOS will never get involved in if a CCA is good or not.

 

have you by this letter - CCA request

 

got one direct as a result of a CCA request from SD?

 

if not send them a CCA request + £1 blank PO.

 

if you have not already sent an sar

 

andgot the comms log

then send one too

[fragrantrose]

I have sent £1 postal order with a request for the cca.

 

I asked for a breakdown of their figures and they sent me a list of all my closed accounts.

 

they returned the £1 postal order without sending any cca

 

Fragrantrose

[dx100uk]

sar?

 

dx