La Redoute PPI

[pinknico]

Re: La Redoute PPI

I will do that. Thank you.

[pinknico]

Re: La Redoute PPI

Just got a letter from La redoute saying that I paid £1234 in account cover in total from 2000 to 2008 this figure does not include interest on monthly premiums.

I have sent a letter to say I didn't ask for my balance to be cleared and had no intention of not paying the balance and asked them to clarify in writing what they had said to the credit agencies.

I also enclosed a copy of the letter requesting a refund of all premiums.

Watch this space!

[Curlyben]

Re: La Redoute PPI

A knotty problem indeed.
I like their letter where they freely admit they cannot enforce the agreement:

Whilst we agree there is no credit agreement and the debt is noot enforceable it does not alter the fact that you ordered, accepted and kept goods which have still not been paid for and we have cleared the outstanding balance. as a responsible lender we agree to keep the credit reference agencies up to date on how our customers manage their accounts with us. If we did not record this information ,the information would be factually incorrect therefore we will not be removing the registration.

The part in bold is simply a moral attack and nothing more.
How they think they can keep the CRA's updated is beyond me as without a valid agreement they CANNOT process your personal data and that includes reporting to the CRA's

Now you have a few choices.

1. Walk away as they cannot take legal action and shouldn't default you, admittedly they most likely will and removal is a pain in the bottom.
2. Propose a compromise whereby the miss-sold PPI is used to offset any balance , the default is removed and the account closed.
3. Go for the throat and LBA them for the PPI return and take them to court and make the removal a condition.

I'd be inclined to take the third option, but I'm a bolshie bugger

[pinknico]

Re: La Redoute PPI

I intend to do no.3!

Can anyone tell me how they can default me when I am up to date with payments and they cleared the balance unasked?

[Curlyben]

Re: La Redoute PPI

As I have learnt the hard way, any company that deals with money is a law unto themselves.

I doubt very much that they have simply written off the balance, but they have likely prepared it for sale to a lovely DCA.
So don't be surprised if you receive some nasty demand letters shortly.

I'm glad you've chosen to fight, admittedly it wont be plain sailing, but will be rewarding.

[pinknico]

Re: La Redoute PPI

Have today received statement from La Redoute with the following on :

No payment received

Adjustments No signed agreement. Account removed 506. 33 CR

Present Balance 0.00


No sign of my payments sent this month which I have proof of as they sent me the usual email to confirm receipt of.

Do I need to reply to this?

[Curlyben]

Re: La Redoute PPI

Nope just file it for now.
Will be good evidence later on.

[Paule]

Re: La Redoute PPI

Unless I'm mising something, It looks like they have just cleared your balance to Zero, because they havent got an agreement.

[pinknico]

Re: La Redoute PPI

[quote=PKea;79236]Unless I'm mising something, It looks like they have just cleared your balance to Zero, because they havent got an agreement

In the letter they sent me (post 22) They mention the credit agencies and I don't want a default on my record.

I have not stopped paying and I did not ask them to clear my balance.

I wrote to them asking exactly what they told the credit agencies and am waiting for a reply.

[pinknico]

Had a phone call from La Redoute apologising for the error of paying off the balance as I hadnt requested that they do that, and that a letter was on its way regarding this and my PPI. They said to reinstate the balance I would have to sign another agreement and I said I wasnt prepared to do that until I saw my Account cover refunded and she said she didnt blame me and that was all covered in the letter. I will wait and see what the letter says.

[Amy]

Re: La Redoute PPI

Why on earth should you have to sign another agreement? You didn't need to sign another one for them to wipe out the balance.

[scoobydoo]

Re: La Redoute PPI

I am glad you have persevered with this

All you are asking for is the full information on what you have paid and confirmation that they have not defaulted your account. I wuld say their letters are unprofessional to say the least!

It looks like they owed you more than you owed them and they are trying to wriggle out of it.

[Curlyben]

Re: La Redoute PPI

DON'T sign another agreement !!!
There is NO reason for you to do this and I believe that they are trying to pull a fast one, as they WILL ensure that this one will be enforceable.

Bear in mind with the enactment of CCA 2006, any agreement signed after April 2007 is bound by it.
This basically means that the requirement for prescribed terms as defined in s61 CCA 74 and the associated automatic unenforceability under s127(3) has been repealed.

As long as they have proof of you using the account, so orders and payments, this is all the evidence they require for enforcement.

Now this may sound mercenary of me, but alot of the home shopping companies are attempting the same tactic, due to people running into difficulties due to easy credit and payment terms. So basically Sod 'em.

They CANNOT make the refund of the miss-sold PPI conditional on you signing this new agreement.

What they can do would be to compromise on you account being zero'd closed and marked as fully settled as they don't have your agreement.
You also would have difficulty proving that you never signed up for this PPI. The statements alone is NOT enough evidence of miss-selling.

Sorry and everything, but that's what COULD happen.
TBH I wouldn't be surprised, to mitigate their losses, that's what they suggest in their letter.

[pinknico]

Re: La Redoute PPI

Whats my next step please?

Received letter today main points:

Not upholding my complaint that I did not agree to Total cover being added to the account.
Policy sold on 29/11/2000
No requirements to follow the 2005 FSA rules However: all customers taking out the policy would have been issued with terms and conditions of the policy which would have given them full details of how the insurance worked together with what was or wasn't covered.

I didn't take out the policy why would I have looked at terms and conditions?

Based on this information it is our view that you would have received sufficient information ,around the time of taking out this policy,to help you make a decision about whether the insurance was suitable to you.

I didn't take out the policy so wouldn't care if it was suitable or not!

So will not be upholding your complaint.

As a gesture of goodwill will refund last three account cover charges £26.58.

If I had asked for the policy or known I had it I would have cancelled before April 2008 as I have been a stay at home mum since May 2006 and couldn't have claimed surely.

I have established that your original letter requested a signed credit agreement.
Unfortunately due to human error your account was cleared and reset to non trading.
On the basis of the above we agree that this part of your complaint be upheld.

The letter sent in reply to your request is to be revised by our compliance team. Your account will be set to trading and any action and any adverse action on your credit file will be removed. We have enclosed a blank credit agreement for you to sign and return so that the account be set to retrading.
If not satisfied contact FOS.

Any advice gratefully received. To say I am angry is an understatement!

[Curlyben]

Re: La Redoute PPI

Well they have given their final response, so time for the FOS with this one then.
They have clearly "miss-sold" this PPI.

BUT as I mentioned earlier, you still have the option to simply walk away.