Shop direct finance Help

Ifonlyi · 22 September 2012 at 8:22AM

Hi
I have been trying to do clean up after discharge bankruptcy & so far all has gone well apart from Shop direct finance, they wont even sign for letters that are sent so no proof to make a complaint to Information Commissioners Office. Also they have not even sent me a reply back nothing even though I emailed letters & sent letter to mark as settled & change defaults dates givingthem the 30 days. As I had no response at all I gave then a second letter with extra time added, but nothing from them at all, how can I complain to Information Commissioner if I have no proof of delivery as they wont sign received letters or respond. Previously a year before this debt was placed in with the bankruptcy I had gone down the route of CCA letter as I had lost my job and they refused to drop interest and charges for a short while, so I had no choice after which they stated they had no credit agreement they would close account but mark status as permanently defaulted & balance outstanding. Would this have affected them not responding to me now or marking the account settled after bankruptcy discharge.

Any help grateful

Thanks

It was for (marshall Ward) shop direct finance

Sent letters to Plus emailed 2X ofthere email addresses with the same info

DATA CONTROLLER
SHOP DIRECT FINANCIAL SERVICES LIMITED
AINTREE INNOVATION CENTRE
PARK LANE
NETHERTON
BOOTLE
LIVERPOOL
L30 1SL

Plus emailed 2X of there email addresses with the same info

fermi · 22 September 2012 at 8:34AM

Sorry I didn't get back to you on the other thread.

Well, as long as you've kept proof of posting then it should be OK to go ahead with a complaint.

If it was me I think I would have one final go though using this address?

http://eptica.shopdirectgroupmail.com/selfisme/attachment/?id=8274

Sandringham House,
Sandringham Avenue,
Chelmsford,
CM92 1LQ

fermi · 22 September 2012 at 8:41AM

With something like.

FINAL REMINDER.

NOTICE - LETTER BEFORE ACTION – BREACH OF THE DATA PROTECTION ACT BY CREDITOR.

Dear Sir/Madam,

I refer to my letter dated xx/xx/20xx to your Data Controller on xx/xx20xx.

In my letter I required you to correct the information on my Credit Reference Files in accordance with the Data Protection Act and the guidance issued by the Information Commissioner.

I was declared bankrupt on xx/xx/20xx and subsequently discharged on xx/xx/20xx, and an account held with CREDITOR at the time was covered by this bankruptcy.

Namely:

Details of account(s)

For your convenience I also included with my initial letter:

List of documents you included.

I required that you:

- Mark these accounts in some way to indicate that these accounts are settled or satisfied.

- Amend the default entry to be no later than <Date if your bankruptcy>, in accordance with the Data Protection Act.

You had 28 days to correct this information.

You have so far failed to comply with this request and your obligations under the Data Protection Act.

Therefore I wish to remind you of your obligations and give you a final chance to correct the information.

You have 28 days from receipt of this letter to do so.

Should you fail to make the corrections required, further formal action will be taken, and a complaint registered with the Information Commissioner and Financial Ombudsman Service.

I would appreciate your due diligence in this matter.

Yours faithfully

fermi · 22 September 2012 at 8:45AM

Also, how long is it since you sent your initial complaint letter?

If more than 8 weeks ago, then as mentioned in the letter you can also start a complaint via the Financial Ombudsman in addition to any with the ICO. That will cost Shop direct £500, so may concentrate their tiny minds.

The previous CCA requests has no impact on this. Shop direct are just awkward and unresponsive with most people.

fermi · 22 September 2012 at 8:46AM

Also, if you have not already done so then register a formal dispute regarding the credit file entry with the credit reference agencies it appears on.

They will then contact shop direct separately via whatever contact route they have with them.

Ifonlyi · 22 September 2012 at 11:35AM

Thanks for replys

No its not been 8 weeks yet sent original letter 17/8/12 gave 28days thenthe next letter reminder of the first dated 06/09/2012 giving a further 28days, so I shall wait till the last day & hope.

My concern is although I have the receipt for paying for delivery there isno proof they sign as they never sign for it or answer back so how even I canbe sure they ever got letters even though I emailed letters to them &posted letters to make sure, is this ok as evidence if i need to complain. Idid not know u could complain to financial ombudsman as well as ICO. All theother debts have been really nice including J D Williams Ltd another cataloguethey even sent apology for not applying quickly enough.

If I had originally gone down the route of CCA & they markstatus as permanently defaulted & balance outstanding would this make theaccount unchangeable my me as I have forced them to make it unenforceable. (hope this makes sense)

Thanks

fermi · 22 September 2012 at 12:12PM

Ifonlyi wrote: »

If I had originally gone down the route of CCA & they markstatus as permanently defaulted & balance outstanding would this make theaccount unchangeable my me as I have forced them to make it unenforceable. (hope this makes sense)

Thanks

No, it doesn't mean they shouldn't change it. CCA does not effect this one jot.

And as said, proof of posting and copies of sent emails should really be acceptable on any complaint.

Threat of complaint via the ICO is usually enough, but in some cases it is worth complaining via the FOS as well. As said, if you do that then the FOS charge the creditor a £500 case fee no matter what happens, so gives them an extra incentive to sort it out now before that is incurred.

Shop direct finance Help

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