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Everything posted by welshwizard

  1. Hi there I bought a Nikon Coolpix L120 digital camera from Argos in January this year and until 4 weeks ago, it worked fine. Whilst on holiday, the button that is pressed to take photos suddenly required far more pressure than before - to the extent that taking a picture became very hit or miss. We took the camera back to Argos and, because we couldn't find the receipt, we have had numerous phone calls to ask for information - date the camera was bought, pick-list number and even my debit card number (which I was very concerned about). Argos staff state that if we can't prove purchase i.e. the receipt (how much more can I do and shouldn't they be retaining records to satisfy legislation and accounting standards) Nikon will charge us for any repair! I was under the impression that, as my contract is with Argos, I only have to prove purchase - which I have done by producing the item, box (with Argos item code number stuck to the side, pick-list ticket, date purchased and the debit card details). Surely, they now must concede that I did, indeed, buy the camera and not just nick it. I think Argos need a kick up the jacksy by OFT and, depending on the outcome of this return of faulty goods, I shall be taking this further. Argos staff are surly, rude and blatantly unaware of the Sale of Goods Act and need significant training (along with customer service training). Comments please.....:-x
  2. Take great care setting up a payment plan with this lot! They have a habit of charging a £99 administration fee for 'setting up' the payment plan! They did this to me - oh and they added charges in excess of £1,000 as well!
  3. What should I include in a letter? I have taken to include everything in each of my epistles to one DCA. Every time I write to them, I start of with what I wrote in my first letter, then the second letter, then the third letter and so on... One recent submission had a total of 11 letters, notices, requests etc in one single envelope - this will not only ensure that they can't say they don't have information to hand re my earlier requests, but also ensure that I maintain pressure oif their systems by creating my own personal paper mountain in their offices! (I do use recycled paper and is worthy the postage just to imagine the face of the cretin who opens the letters!) I beleive it is my patriotic duty to help keep this country peaceful by ensuring my correspondence keeps one cretin away from the phones with their head stuck in a filing cabinet filing my letters. Of course this tactic also ensures that it takes them ages to supply all the information when I hit them with a SAR as I always miss one specific line out of copied correspondence to ensure that they provide copies of originals. This is my own personal tactic for dealing with the leeches and bullies of the world......
  4. Could I use this letter to place an account into dispute with a mail order firm - they applied PPI when I was in recipt of IB (so surely this would certainly be misselling), and are still charging interest on everything.
  5. HI I would recommend persevering with this lot. I have recently launched my own war of attrition against this lot by making official complaints (by email) to them telling them that they've phoned me when I've told the to write, using automated diallers which never connect - in breach of OFCOM guidelines, failed to comply fully with lawful requests (Section 10 notice, CCA and SAR), harrassed me, threatened court action (albeit verbally) without an enforceable CCA. Indeed, I am up to complaint number 10 - in a single month! It is now my practice to respond to every phone call with a complaint citing all my complaints to date as background plus the new complaint - this making it a separate and wholly new complaint which requires a whole new investigation etc. The result? All of a sudden my credit record shows unknown status on tehse accounts when last month they were reporting 3 months late. HOwever, it's not all positive because despite asking for a response from their MD, I have yet to receive any response from anyone except photocopies of a couple of letters that their solicitor S Beat sent me last year. I asked them for a copy of their complaints procedure - nothing provided. Personally, I am sort of happy because my phone is quiet butI would actually like a response to each of my complaints as there is no excuse for their collection methods and dosregarding their duties under the various legislation. This company (and its associates) relies on bullies to frighten people into submission - if you take the bully by the horn they start to back off QUICK. I haven't even started to tackle them about the PPI charges that they applied to the accounts - something I would not have signed for (indeed, I signed no agreemnet whatsoever) as I was out of work and on IB when the account was opened. Guess I will have to go searching for info on PPI now.....
  6. PMSL I did wonder last year but thought that 'Debt Collection' etc covered this and as they are acting for companies within their own group they would be covered by the credit licenses held by the companies. I guess that this could now be added to the list of misdemeanours in my complaints against them. Surely the 'Debt Counselling' is a conflict of interest with the rest of their activities. Surely the 'Right to trade off-site' means that, whilst they are calling from their premises the fact that the other end of their call is in my home technically means that they are trading off site?
  7. Quick question: If JD williams contatc me about an alleged account/debt and then Reliable Collections also contact me about the same thing (alternating) would this be covered by this particular Breach - both are Limited Companies and, whilst being part of the same group, are separate corporate identities in as much as being registered at Companies House in both name and at different registered offices (Level Street - JD Williams and Houldsworth Street - Reliable Collections). To me this says clearly that they are not linked apart from being in the same group. (but I am probably wrong). Often they contact me by phone and interchange their company names during the conversation so you cannot be sure which company is actually ringing. Mind you, the conversation goes something like this: Me: Hello, who's calling Them: JD Williams calling about your account. Me: Oh yes..? Them: can your confirm your identity? Me: Yes thanks - I am defninitely me (At this point, I usually ask my wife to check that I am me) Them: You have to provide proof of identity by law.. Me: Which statute states this, anyway you must have been sure it was me to ring me.. Who are you? Them: Reliable Collections ringing about your JD Williams account Me: So are you JD Williams Ltd or Reliable Collections Ltd? Them: erm (then they take 50/50) ... xxxxx Ltd Me: Wrong answer, you haven't passed identity verification, goodbye -click I'd be interested in your thoughts, opinions and advice on this before I make further complaints to the OFT about the actions of both of these companies.
  8. Really? Please tell me more - I need cheering up..... I am in the middle of 8 formal complaints with them not one has been addressed yet and their 20 days to deal with the first couple end on Friday.
  9. It's funny, since I started invoicing them for my time etc, (£148 due from them so far) the calls seem to have stopped
  10. HI Macatac I made my complaint to OFT last week too. I also made a complaint to OFCOM (silent phone calls, abandoned calls, harrassment) and am in the process of cfinishing my complaint to the Information Commissioner's Office too as they didn't supply everything they had on me following my SAR and failed to cease processing my data following my Section 10 notice. I am also waiting for a police officer to ring me back about the harrassment issue. Of course, these complaints make me feel like I'm fighting back but I know that really they all sleep in the same bed and, therefore, will not be found to be in the wrong. Still every complaint could be the one that finishes them off.
  11. Having made a complaint to OFT and OFCOM about a DCA (Reliable Collections), I am having niggles that despite the emails telling me that they use information given in their investigations, how can we find out what action they take? So, my question is, can I make a request under the Freedon of Information Act to find out how many complaints oFT and OFCOM ahve received about the named DCA? I believe that the larger the number of complaints, the more concerned I would be that these organisaitons still retain their licences and phone lines. Surely the number of complaints relates directly to their fitness to operate in their chosen field? Anyone have any ideas whether I can make such a request to OFT and OFCOM?
  12. Not reading your mind, just wondering for my own fights.....
  13. Should letters from DCAs have both Company Registration Number and Consumer Credit License number?
  14. I suggest we all use 'QC' in our sigs here... I will start the ball rolling... Welshwizard QC (Quite Content)
  15. They'll probably ignore the invoice just as they have the SAR, CCA and Account in Dispute letters.
  16. Just for information, I have started making regualr complaints to Reliable (every time they ring or text me). Recently, I decided that,a s it was takign up so much of my time, I would now start charging them for the privilege and so have now started invoicing them for each telephone call which is then answered with a formal complaint. Below is a copy of an email I sent this morning: ACCOUNT STILL IN DISPUTE Date: 31st May 2010 Ref: XXXXXXXXXXXXXXXXXXXX Further to my 4 earlier complaints regarding your conduct. Please construe this email as formal complaints no: 5, 6 and 7 in respect of the methods you employ. Your conduct is unacceptable, (I like this bit) harrassing and intimidating using silent telephone calls, text messages and telephone operators who contact people and, when told that the issues are subject to serious dispute and4 formal complaints, simply hang up. As notified in my last complaint, I will be submitting invoices for answering every telephone call and making formal complaints to you. Yesterday, you telephoned me 3 times and sent a SMS text message. I now have the duty to inform you that, as stated in my earleir complaint, you will be invoiced a total of £37 (£25 to answer calls and £12 for each email of complaint :grin:) for each contact and dealing with each complaint from hereon in and so, please note that an invocie is attached totalling £111 (3 telephone calls in total requiring 3 complaints). These charges have been notified to you and, as such, are legally binding even if not agreed by you. (I like this bit a lot!) Please note that, as a mainly Christian Nation, I do not believe it ethical to conduct business such as yours on a recognised Holy day (the Sabbath). (I KNOW THIS IS A BIT QUESTIONABLE BUT IT IS MY PERSONAL BELIEF) I look forward to receiving a cheque from you within the 15 days (as notified on the invoice). Regards Welshwizard Maybe we sould all be doing this. I intend to keep doing this until athey owe me about £500 and then I will CC them :grin: Cheers
  17. I haven't been able to locate these guidelines (OFT site is so messy). So, let me get this quite straight: DCA must tell me whether the agreement they 'hold' is enforceable? Does the DAC have to tell the truth though? They've been telling me for ages it is but here more intelligent people (not insulting you really) tell me that the agreements are rubbish (JD WIlliams and Premierman) and are not enforceable (I am more likely to believe people here). Does the OFT have anything to say about DCAs lying to try to get money from me? Does the OFT actually do anything about it though? If a DCA chases me for money on an agreement that is not enforceable (and subsequently the DCA is not entitled to that money) is that then attempting to steal from me - i.e. a crime - or obtain money under false pretences?
  18. Do you mean last January or next January? I would really be interested to know the answer to this.
  19. Thanks BB for your reply, I have not accused anyone of using my signature fraudulently, I just added it as the reason for not using a signature As for the police, guess who phoned me today? Beleive me I am now in the middle of a long letter to the police OFCOM, OFT and Trading Sandards (after making a third formal complaint in which I notified them of the responsibility of the directors of a company for the actions of both their employees and automatic dialling systems!) Ho hummmmm...
  20. Of course you can - this is only a combination of letters (etc) that I have found here anyway!
  21. ...In fact, I may even complain when they send me bills with 'interest charges' and associated costs. I feel numerous complaints coming on....:grin:
  22. Apologies for the length of this: Brief history: JD WIlliams & Premierman launched their offensive last year to which I retaliated with CCA, SAR and account in dispute letters. Silence followed for nearly a year then, out of the blue, the phone calls start, a letter comes telling me that they will not 'tolerate my behaviour..' yadayada. Phone calls followed 6, 7 or 8 a day culminating in me 'getting my hair off' with them and banging the following email to 'account.management @jd williams.co .uk': Date:20 May 2010 Ref: XXXXXXXXXXXXX Dear Sir/Madam Thank you for your numerous letters and silent telephone calls, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On 13 April, 2009 I made a formal request for a true signed agreement for the alleged account under Consumer Credit Act 1974 s77/8. This was signed for as delivered on the 14 April, 2009.You have failed to comply with my request, and as such the account entered default on 30 April, 2009. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. If the executed agreement was also superseded by later documents and regulations, you are to supply those. If you no longer hold a copy of the original signed agreement you should inform me of that fact. Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before youenter into a default situation. This limit has expired. As you are no doubt aware section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on  debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8 (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this email to contact me with your intentions to resolve this matter which is now a formal complaint. I now ask for a copy of your formal complaints procedure and ask that this complaint be treated as my first formal complaint.   I will only deal with you in writing and through the medium of electronic mail which, as you are aware is traceable.   I also make a formal complaint against 'Max' - Agent 9779 who, whilst stating that your organisation adheres to Office of Fair Trading Guidelines on debt collection, feels it fair to: make more than 5 silent phone calls per day (silent as in answered but no-one on the other end) using mobile phone numbers thus hiding your identity - by making you harder to trace through web searches. I also complain about the fact that you bombard me with mail containing bills with details of how to consolidate finance - surely this is irresponsible and against O.F.T. guidance. You also invite people to pay their bill with credit cards - again strictly contrary to O.F.T. guidelines which state that you should not ask people to pay debts by taking on further debt. Max (9779) also states that you always comply with requests - I am still waiting for you to reveal all data that you held about me as at 1st May, 2009 when I made  Data Subject Access Request as is my right under the Data Protection Act.   As you have failed to produce the correct documentation - which I paid for (£1 fee for CCA Request for each reference and £10 fee for the Data Subject Access Request), I now also ask that you return the fees to me without further delay.   I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully   This email is sent in addition to another sent by Royal Mail 'Signed for' delivery today a copy of which is attached.   This email is not signed to ensure no fraudulent use of my signature is made. Within half an hour of em sending this email, I had another phone call from them, so I made another formal complaint by email: " ACCOUNT STILL IN DISPUTE Date: 20th May, 2010 Sir/Madam I am complaining about your current practices as a debt collector, namely: Your failure to adhere to Office of Fair Trading Guidline on Debt Collection and total disregard for its terms of reference. I enclose excerpts from the guidance to support my complaint: Who does this guidance apply to? 1.7 This guidance applies to all consumer credit licence holders and applicants. I.E. JD Williams and Reliable Collections Communication 2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner. I have been receiving numerous silent phone calls, etxt messages and anonymous mobile numbers. 2.2 Examples of unfair practices are as follows: ignoring or disregarding debtors' legitimate wishes in respect of when and where to contact them, for example, shift workers who ask not to be telephoned during certain times of the day asking or instructing debtors to make contact on premium rate telephone numbers I beleive Mobile telephone numbers could be construed as premium in as much as they cost more to call back than a normal local call. I also informed you last year that I would only deal with you in writing as is my right. Physical/psychological harassment 2.5 Putting pressure on debtors or third parties is considered to be oppressive 2.6 Examples of unfair practices are as follows: contacting debtors at unreasonable times and at unreasonable intervals pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing (your letters clearly state that credit cards are accepted as a payment method - surely this inviting people to pay one debt by borrowing? ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment I placed these references in dispute in May 2009 and, until the dispute is resolved by you producing a copy of the original executed agreement (i.e. signed by both parties), the dspute remains. Deceptive and/or unfair methods 2.7 Dealings with debtors are not to be deceitful and/or unfair. 2.8 Examples of unfair practices are as follows: failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued not ceasing collection activity whilst investigating a reasonably queried or disputed debt. I placed these references in dispute in May 2009 and, until the dispute is resolved by you producing a copy of the original executed agreement (i.e. signed by both parties), the dspute remains. I have made one formal complaint this evening, please regard this as a second FORMAL COMPLAINT. I request a copy of your complaints procedure. I placed these references in dispute in May 2009 and, until the dispute is resolved by you producing a copy of the original executed agreement (i.e. signed by both parties), the dspute remains. Be advised any further telephone calls will be recorded as is my right." I ensured that I noted at the bottom of the email that I would never sign a document to them as I wanted to eliminate the risk of fraud. What does everyone think of these? I now intend to make formal complaint everytime this bunch of wonkers contact me by phone (mind you suddenly my phone is very quiet :grin:) If they contact me by phone again (I only use amobile now) I will be contacting the police Trading Standards, OFT (although I never heard back from them when I complained last year) and OFCOM about the harrassment and insist that action is taken against each individual that has rung me (when it's not a robot) and against each of the directors of the business. Any bets that I will never receive my CCA and SAR fees back from them? Maybe I should employ a debt collector to collect - anyone know of a reputable debt collector? :grin::grin::grin::grin:
  23. Is there a 'Trucall' type system for mobiles? I would have thought that technology would allow for recording of calls with your mobile. Anyone any ideas?
  24. Firstly, thank you for your replies. JarJar Binks? Hmm maybe not but I can do Barney the Dinosaur! I guess my next step is OFCOM - maybe with one of my formal complaints to JD Williams I can tell them that they may be liable to fines up to £2 million and they may be subject to plagues of frogs, flies and locusts too - OFCOM actually doing something? I doubt it - OFT can't even be bothered to reply to my complaints, neither can ICO. However, whilst they ring me on my mobile it's costing them not me - especially as I ring their mobile numbers back using my mobile (and some of my excessive 3,000 monthly minutes included in my package!) :grin: I love spending time winding them up after they've 'stung rung' me.
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