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Misselling Store Card

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  • Misselling Store Card

    Hi everyone

    I'm really hoping someone can help me with this!

    I have had a store card with Dorothy Perkins for the last couple of years, don't spend on it that often but when I do I make regular payments to avoid interest.

    December 2014 I went into my local store in a rush (I needed some jeans for a night out) and when I presented my store card to pay, the girl on the till advised that I needed to upgrade my card to one of their "new ones" for security purposes. I was told that the new cards had a chip & pin facility whereas my existing card was just a signature.

    I told her I was in a rush so would just pay cash, however she persisted telling me that it would only take 2 minutes. 15 minutes later she was still on the phone to someone, reading out my details. Eventually she came back, got me to sign a form that she had filled in for me, and sent me on my way having (as I understood it) added the jeans I was buying onto my existing account.

    A couple of weeks later I received a letter from Dorothy Perkins, addressed to me but both my first name and surname were spelled incorrectly (a letter missing from each name). Thinking it was just a statement for my account I ignored the letter, as I make payments etc online these days so have no need for a paper statement. A letter came each month addressed to the same incorrect name, I meant to call them up and get it amended but do not have access to a landline at the moment and knew the mobile charges would be ridiculous. I never opened any of the letters, I know this was stupid of me, but I knew that my account was 'in the green' and being paid off online which I regularly checked, I had no need for a paper statement.

    The only purchases I have made since have been to my original Dorothy Perkins account, and have been made online so the new card and pin number they sent me (with the chip and pin) have never been physically used, they are still attached to their corresponding letters.

    Last month my mum mistakenly opened one of the incorrectly addressed letters and told me that Dorothy Perkins were asking for £134 from me. I said it must be a mistake as the balance online was nowhere near that amount. I rang them up at a cost of £30 to my mobile phone bill to be informed that I had in fact opened up a second account when I purchased the jeans instore. The jeans were added to this new account at a cost of £38, but as I hadn't paid the balance in time I had incurred 8 x £12 late payment fees.

    The new card, it turned out, was also a Mastercard. I advised the lady on the phone that in no way would I have willingly opened two accounts at the same store, and I certainly wouldn't have taken out a credit card with them as I am currently trying to better my credit score so that I can hopefully get a mortgage at some point in the future. She was really understanding and said that it sounded as though I had been missold the card. She said she would forward my details to the complaints department, and asked what I would like the outcome to be. I said that I was happy to pay off the original purchase amount of £38 but I did not think that the charges were fair considering that I was not aware I had two separate accounts.

    Fast forwars another couple of weeks and I received a phone call from the legal department who had taken on my complaint. The woman on the phone (very harshly) advised me that as I had signed an agreement I was liable for the full amount. She said that as a gesture of good will she would remove 4 of the late payment fees at a total of £48, due to the fact that they had misspelled my name on the account. I told her that I wasn't in a position to pay the full amount at that time as it was before payday, however it was my intention to pay off the remaining £86 purely to get it away from my name and I would then close the account as I was so frustrated with the way things had been dealt with.

    I have now had a text message from a debt collection company, Idem, advising me that they have bought my debt from Dorothy Perkins (or New Day I think as the card provider) and I need to make the £134 payment. I had a letter from New Day confirming that the 4 payments had been removed, but it seems these have now been reinstated since the debt was sold.

    Sorry for the length of this post, I just didn't want to leave any details out! My question is, is there anything I can do in terms of avoiding paying the charges? This is also on my credit score now, and I was advised by the New Day legal department that this could not be changed.

    Thanks in advance!

    Jodie
    Tags: None

  • #2
    Re: Misselling Store Card

    Good morning Jodie,
    A text from a Debt Collection company advising that it
    has bought the alleged debt is a little odd for a first contact.
    Newday is a provider of many store and branded credit cards.
    Which debt collection agency has contacted you?
    Were you given a copy of the document you signed in store?

    nem

    Comment


    • #3
      Re: Misselling Store Card

      Good morning nem, thanks for your reply.

      The text says Idem Servicing.

      And apparently I took a copy of the document away with me however I cannot find it anywhere. All I can think is that the girl put it in the carrier bag with the clothes and I've thrown it away with the bag.

      Sorry I know that's not very helpful!

      Jodie

      Comment


      • #4
        Re: Misselling Store Card

        Originally posted by jlf44 View Post
        Good morning nem, thanks for your reply.

        The text says Idem Servicing.

        And apparently I took a copy of the document away with me however I cannot find it anywhere. All I can think is that the girl put it in the carrier bag with the clothes and I've thrown it away with the bag.

        Sorry I know that's not very helpful!

        Jodie
        Hello Jodie,

        Until Idem make contact in writing giving formal notice of the assignment of the debt to them (NOA) do nothing!

        Please do not be tempted to get into discussion with them by phone or text it's best to keep everything in writing.

        nem

        Comment


        • #5
          Re: Misselling Store Card

          Originally posted by nemesis45 View Post
          Hello Jodie,

          Until Idem make contact in writing giving formal notice of the assignment of the debt to them (NOA) do nothing!

          Please do not be tempted to get into discussion with them by phone or text it's best to keep everything in writing.

          nem
          Right so until they send me a letter I just ignore the texts? They've sent me one a day since last week asking for me to ring them on an 0800 number.

          Do you know if there's anything I can do in terms of the credit card being missold in the first place?

          Thanks,

          Jodie

          Comment


          • #6
            Re: Misselling Store Card

            Originally posted by jlf44 View Post
            Right so until they send me a letter I just ignore the texts? They've sent me one a day since last week asking for me to ring them on an 0800 number.

            Do you know if there's anything I can do in terms of the credit card being missold in the first place?

            Thanks,

            Jodie
            From what you say I think perhaps once Idem " comes clean" and puts everything in writing it would be wise to inform them that you are raising a dispute with the original creditor regarding the mis selling of the new card as you were not informed this was a credit card and you were unaware that two accounts were running side by side.

            I can help you draft a letter to New Day about this ( just done a similar one this am on a ND branded Credit Card) seems that there may a few similar problems with store staff " selling" upgrades to store cards.

            nem

            Comment


            • #7
              Re: Misselling Store Card

              I may be wrong but if the purchase was in the store with this new card a pin would have to have been used these are normally different than other cards? or a slip would have been signed ?

              Think the OP needs to know what happened and get statements from the start of this new card

              Comment


              • #8
                Re: Misselling Store Card

                Originally posted by wales01man View Post
                I may be wrong but if the purchase was in the store with this new card a pin would have to have been used these are normally different than other cards? or a slip would have been signed ?

                Think the OP needs to know what happened and get statements from the start of this new card
                We only have a " text" from Idem so far little too little to go on, once Idem particularise what they are chasing
                then CCA request straight away.

                nem

                Comment


                • #9
                  Re: Misselling Store Card

                  So I received a letter from Idem on Monday asking for me to contact them as soon as possible to arrange payment of £134 as they have bought the debt from New Day. I spoke to someone there last night and he said he'd put the account on hold for 14 days and refer it back to New Day as they hadn't made it clear whether they were claiming for the original store card or the new Mastercard (this just added to my confusion and annoyance as it seems clear to me that they are claiming for the Mastercard balance).

                  In the meantime is there anything I can do re being missold the Mastercard?

                  Are there any similar cases I could perhaps look into?

                  Thanks in advance,

                  Jodie

                  Comment


                  • #10
                    Re: Misselling Store Card

                    Originally posted by jlf44 View Post
                    So I received a letter from Idem on Monday asking for me to contact them as soon as possible to arrange payment of £134 as they have bought the debt from New Day. I spoke to someone there last night and he said he'd put the account on hold for 14 days and refer it back to New Day as they hadn't made it clear whether they were claiming for the original store card or the new Mastercard (this just added to my confusion and annoyance as it seems clear to me that they are claiming for the Mastercard balance).

                    In the meantime is there anything I can do re being missold the Mastercard?

                    Are there any similar cases I could perhaps look into?

                    Thanks in advance,

                    Jodie
                    Good morning Jodie.
                    If the store card was " upgraded" in the manner you stated earlier i.e. you were just asked to sign a form
                    in the issuers store, without a full explanation of the reasons for doing so and the consequences of having
                    a MasterCard credit card compared to the simple "store card" yes I believe that is misselling and if this
                    if you did not receive immediately or with the card the terms & conditions specifically relevant to a MasterCard
                    it compounds the misselling .nem

                    - - - Updated - - -

                    Originally posted by jlf44 View Post
                    So I received a letter from Idem on Monday asking for me to contact them as soon as possible to arrange payment of £134 as they have bought the debt from New Day. I spoke to someone there last night and he said he'd put the account on hold for 14 days and refer it back to New Day as they hadn't made it clear whether they were claiming for the original store card or the new Mastercard (this just added to my confusion and annoyance as it seems clear to me that they are claiming for the Mastercard balance).

                    In the meantime is there anything I can do re being missold the Mastercard?

                    Are there any similar cases I could perhaps look into?

                    Thanks in advance,

                    Jodie
                    Good morning Jodie.
                    If the store card was " upgraded" in the manner you stated earlier i.e. you were just asked to sign a form
                    in the issuers store, without a full explanation of the reasons for doing so and the consequences of having
                    a MasterCard credit card compared to the simple "store card" yes I believe that is misselling and if this
                    if you did not receive immediately or with the card the terms & conditions specifically relevant to a MasterCard
                    it compounds the misselling .nem

                    Comment


                    • #11
                      Re: Misselling Store Card

                      Sorry to reignite a very old post, however this is still an ongoing issue for me.

                      I have heard nothing from Idem (the debt collection agency) for months now, after being told that the debt was on hold whilst under investigation and it had been passed back to the creditor.

                      I have just been to the bank today to enquire about making a mortgage application and get a better understanding of why my credit rating is still so poor (I have checked myself online), and to my surprise I have a defaulted credit card against my name.

                      I am going to get in touch with the creditors again to put in another formal complaint (having been fobbed off last time), but I just wondered if anyone has any experience with this kind of thing and can advise on the likelihood of me getting this removed from my credit history? I could pay the outstanding balance off in full, but obviously the default would then remain on my credit score making it next to impossible for me to get any further credit.

                      Thank you in advance.

                      Comment

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