Capquest letter

[mandf]

I have drafted the following letter and wondered if this is strong enough?

 

23rd February 2009

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account:

 

You have failed to comply with my Data Protection Act Subject Access Request dated 2nd January 2009, although you happily cashed my enclosed £10.00 cheque for the fee on 7th January 2009.

 

Not only that but you have failed to comply with simple OFT guidelines by processing the account although it had been passed to a DCA (Capquest) and worse still appears to have been passed to another DCA (Wescot) when the account has been paid in full to Capquest!

 

Therefore you have until the 3rd March 2009 to supply me with the information I am entitled to otherwise I shall make a formal complaint to the Information Commissioners Office and the Office of Fair Trading without further notice.

 

Furthermore if you still refuse to comply I shall seek a Court order obliging you to do so together with damages at the discretion of the Court.

 

 

Yours faithfully

 

 

 

 

 

 

Encl: copy of original SAR letter

 

 

I have also drafted this for Wescot - again advice would be welcome

 

23rd February 2009

 

Dear Sir/Madam

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with JD Williams. They in turn have already assigned it to another DCA where the account has been settled in full.

 

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

To imply I have written and requested a Subject Access Request from you is beyond the imagination as until I received your correspondance I had never heard of Wescot.

 

I demand that you refrain from any further correspondance with myself apart from a final letter saying you have deleted all information you hold in my name.

 

I will be reporting this matter to the OFT.

 

Yours sincerely,

 

The letter to Capquest will have to come later as I am unsure what points of principal I can use to request my payment back but I will carrying on scouring this site to find a similar situation!!

[mandf]

Thinking about the letter to Capquest....

 

Although we have paid this debt I'm I too late to go down the route of CCAing them (along with £1 PO). I know for a fact they won't be able to produce one as my daughter never opened a credit account with Simplybe. Then when they can't produce this document the debt is unenforceable by law so I request all payments made to this account back?

 

I was thinking if I did this I would have proof that the debt was unenforceable or could I just threatened them with court action collecting on an unenforceable debt?

 

Can anyone give me advice how I go about this in Scotland. I obviously use the Sheriff Court but I presume it will be different forms and fees to England?

[whitelion121]

Hi , I have been reading your thread & I think u should request a CCA, see that way when they fail to supply u can use that to your advantage. This is my advise request CCA & request your money back plus 8% interest & if they fail to comply with that request take them to court.

[hillards]

There are notes about what to do if a company fails to comply with a valid SAR - see http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

No point wasting money sending CCA requests to anyone - the DCA who took payment will not want to know now, the new DCA has no right to be processing the data. JD Williams should provide a copy with the SAR - they are in serious default of your request and ned a good slap!

 

The letter looks OK, but I would have been a bit sharper with them... I'd make a small change to "you happily cashed my enclosed £10.00 cheque" to be "you happily cashed my cheque", otherwise they'll be looking for another payment!

 

I've been forced off-line for a couple of weeks due to a crashed computer, I'm just getting back in action after restoring email today and getting almost 300 from CAG alone!

[mandf]

I have sent the letters both to JD Williams & Wescot so will await their reply.

 

Hope you have managed to wade through all your emails Hillards!!

[hillards]

Hope you have managed to wade through all your emails Hillards!!

I had - then people kept adding to them... ;-)

 

A lot were topics that have been resolved, thankfully. Most were from the Cheekiness to a DCA thread, always good for a laugh.

 

At least you gave them a date by which to reply, a lot of people don't consider that,a nd the DCA's make them wait weeks then...

[mandf]

Received a letter from Simply be today:

 

Dear xxxxx

 

Re. Subject Access Request - Account no xxxx

 

Thank you for your letter dated 27th February 2009, which we are treating as a subject access request under the Data Protection Act 1998. I can confirm that a payment of £10.00 has been credited to your account on the 7th January 2009 but this was not recognised as a subject access request. I apologise for this and would be obliged if you could kindly let me have a copy of your letter so that I can look in to this matter on your behalf.

 

Could you also please complete the attached questionaire and proof of identity to enable us to release any data we hold. This enables us to discharge the statutory obligations placed upon us concerning secure access to data. The application cannot be processed until the enclosed form is received. This is to protect your data.

 

Please address all correspondanence to the address above

 

Yours sincerely

 

P.F. Harland

Data Protection Officer

 

I have to add that I enclosed a copy of the subject access request with my second letter o they have actually received this letter twice already. Should I send again?

 

The questionaire they sent is:

 

DATA SUBJECT ACCESS REQUEST FORM

 

You should complete this form if you want us to supply you with a copy of personal data which we hold about you. You are entitled to receive this information under the Data Protection Act 1998 ("the Act")

 

You should send a cheque for the sum of £10 made payable to JD Williams & Company Limited. (This first sentence has been crossed out - good I have already paid for this information anyway!!) We will endeavour to respond promptly and in any event within 40 days of the latest of the following:

 

your cheque clearing

our receipt of this request; or

our receipt of any further information from you which is required to enable us to comply with your request.

 

1. name

2. address

3. postcode

4. DOB

5. phone no

6. tick name of catalogue (then gives a list of different JD Williams catalogues)

7. have you visited any of our websites

8. have you received any correspondance from (list 4 debt collection agencies although neither Capquest or Wescot are on this list!)

9. other information to help us locate you in our records

10. have you applied for employment with any of the listed catalogue companies (!!!!?????????!!!!)

11. provide any further information to assist us in our searches

 

Please provide a description of the sort of personal data which you are seeking......

 

Sign

Date

 

Proof of identity

This is a form for a witness who knows my daughter to sign and testify that this is indeed her applying for the information and witness her signature

 

I don't have a problem them checking that it is the correct person applying for information but how many copies of my original SAR do they require. Is that letter not sufficent without having to fill out their forms as well and why they hell ask a question about if she has applied for employment with their catalogues!!!! From what I can gather the 40 days would not start until they received a reply to this correspondence - is that fair? I feel as though I am going round and round in circles and getting nowhere!

Edited March 13, 2009 by mandf

[mandf]

I presume I will have to fill out these forms if I want to get any further with the SAR?

 

I am a bit worried about the proof of identity form as friends are reluctant to add their signature to anything due to the problems my daughter has been having! (They are worried providing their own personal details name, address, telephone number etc in case it is then used against them....anything is possible I have certainly learnt that from this saga!!)

 

Can I send other forms of identification without involving anyone else in this mess? For example a photocopy of her passport to confirm she is who she says she is?

[whitelion121]

Hi handf , I have been following this thread. I recommend u send the info they ask for. I also recommend when your family member signs the papers add in a few lines so if they try and pull a fast one, it's clearly going to prove that the DCA have forged your daughters signature.

[mandf]

Thanks for that whitelion121.

 

I thought I might have to fill out this form if I am to get anywhere!! I will fill it out and post if off tomorrow

[mandf]

I have been a bit lax in responding to the letter from Simplybe (more important things to do....like live my life!!). After much thought I have decided to enclose a copy of her passport as proof of identity as I really do not trust these morons with anyone else's confidential information (address etc) but we have filled out their Subject Access Request form as I don't believe the information we have put on there is anymore than the information they would already hold for my daughter. I responded thus and await a reply (but how long it will take would be anyone's guess )

 

 

 

 

 

Dear Mr P.F.Harland

 

Account:

 

Please find enclosed completed forms as requested. I have chosen to enclose a copy of my passport as opposed to your proof of identity form as at the moment I feel very vunerable and do not trust any of you with my own information let alone asking someone else to trust you with their confidential information. I must admit I find it ironic that you are worried about protecting my data now but previously didn’t think twice about passing confidential information to Capquest who then proceeded to threaten me with Baliffs etc for a debt I wasn’t even aware existed.

 

Also enclosed are copies of both letters sent to Simplybe. The first one which clearly states at the top of the letter it is a Subject Access Request, so how someone missed this is unbelievable, along with a copy of the second letter which you have responded to. The original letter was also enclosed with the second letter I sent so now you have 3 copies of my original Subject Access Request letter – no excuse for a response I would think.

 

It is very detailed in my first letter what information I require from you so please take the time to read it and respond accordingly. I trust you will send this out as quickly as possible seeing as I have actually been waiting since 7th January 2009. I know you are able to start the 40 days ticking again from receipt of this letter but I feel I have waited long enough so I will be counting very carefully and I do not intend asking again. If the information is not received I WILL be reporting you to the ICO and Office of Fair Trading without any further notice.

 

Yours faithfully

 

 

 

 

 

Encl: copy of original SAR letter & copy of follow up letter

[mandf]

Today I received a rely from Simplybe in response to my SAR.

 

I received a heap of pages with information taken from their computer system. I don't believe they have sent everything I have asked for but I will look at that later. From the info they have sent me I can work out where the debt has originated and I am not amused.... here goes.

 

My daughter orders 4 items on line. SAR information says 14/3/08 3 items are despatched but not charged. 17/3/08 the last item is despatched and charged. She receives the 1st parcel of 3 items but finds one of the items is not the item she originally ordered so telephones on 21/3/08 and she was told to return the said item and they would despatch the correct item so she does. Now the records from the SAR say 21/03/08 the correct item is despatched but not charged. Then 28/03/08 4 items charged (including the wrong item sent) and internal charge added to account for postage and packing and finally 1/4/08 one item credited (for the returned item that was sent in error). When I check her bank account statements they have not charged her for the re-ordered item at all or for the p&p for sending the correct item out(which if they sent the wrong item and they had to replace should they not do that at their cost anyway?).

 

It then goes on to list internal charges (2 each month from June through to September) and interest added each month. Now my daughter has not received any correspondance regarding arrears or account in default. This is possible as she left her flat in early May 08 and according to their records letters were sent out from June 08 (this info was from the list they included with dates when letters were sent but have not enclosed any copies of these letters with the SAR request).

 

So for an £8 pair of slippers ordered online (sorry plus £2.99 p&p making £10.99 in total) Simplybe have managed to rack up a debt of £110.82. I can see via my daughter's bank statements that the £8 + p&p has not been paid but why did they not charge it at the same time as the other items to her debit card as that was what she used to pay for the goods at the time of order. They charged her card for the items over a week later after sending the correct item out so it wasn't as if the goods had already been paid before she received the replacement?

 

I also have to ask if they sent out the wrong item why has she been charged p&p for the correct item as she had already paid p&p with the original order? At no time has she asked for goods on account (and no credit agreement signed - not suprising as she didn't want a credit account she wanted to pay as she ordered.)

 

I will have to go and think about all this as I am amazed a large mail order/internet company can allow this debt to escalate to such a degree and then let some other DCA claim on it when £99.63 is due to administration charges and interest added. I have no problems paying £8 as she has received the item but I have major problems paying extra p&p due to their mistake and all the other charges on top. Even the most financially hard up person would pay a debt of £8 no questions asked.

 

Nowhere in the info sent is there any reference to the debt being passed to Capquest. I would presume that would be in the letters they sent out to my daughter who never received them (not Simplybe's fault or my daughter's as she had changed address by the time these letters were being sent out - she would have no need to inform Simplybe she has moved as she was not aware she had a credit account with them.). I did request copies of all letters and copies of all statements in my original SAR to them but have only received computer print outs. Also, there is no mention of £110.62 paid to Capquest who said they were collecting on behalf of their client JD Williams - should this not show on her account. I worry that their computer screens now show her account as re-assigned and the balance is still owing at £100.62 (they have used my £10 cheque for the SAR against her account) - will they now start it all again adding administration charges even though I have a letter from Capquest saying this account has been paid in full and all further correspondance should go to JD Williams.

 

I would welcome any advice you good people can give me as to what my next steps would be. I think I should demand that Simplybe give me copies of EVERYTHING I have requested (including letters and statements sent to my daughter not just computer generated screen print outs) to see where Capquest fit into all this as it does worry me that there is no mention of the payment we made to Capquest. I think I should be claiming some of this money back but I am unsure who I approach with this Capquest or Simplybe?

 

Sorry for the long post but it all defies believe.

[mandf]

Anyone...please....

[hillards]

OK - despite the fact that JD Williams aka Simply Be aka (un)Reliable Collections will not be able to produce a valid CCA if they tried, I would simply write to them and explain the situation, as you did in your post yesterday.

 

The mistake is theirs, they sent the wrong item, there should never have been any charges added in the first place. Tell them that this is their final opportunity to end this futile chain of demands.

 

You now require a written apology and an assurance that they will revoke all their stupid charges, therefore closing the account. You also require compensation for the time and effort spent dealing with this matter.

 

Warn them that any further action will result in a claim being made in the courts for harassment and/or demanding monies under false pretences. Make sure you are willing to take that step ! They may be full of empty threats about what they may or could do, tell them you WILL go to court to have this matter resolved.

 

In a seperate action, you need proof of the demands and payment with Capquest, to start a claim for repayment of the money paid to them in error. It would help if JD Williams played the game and sent the apology, so you can show a copy of that to capquest.

 

In effect, Simply Be 'sold' the debt to Capquest, they are the company who received payment. For whatever reason, this has not been reported back to JDW either, which smells a bit fishy...

 

Stand firm, you are in the right here. It's not like so many other cases, where someone is proving that there is no CCA to base a court case on, therefore no enforcement to pay - your daughter never set up a credit account in the first place - she paid as she bought.

 

It may be worth giving Consumer Direct a call too, ask them to get your local Trading Standards office to contact you 08454 04 05 06.

 

May be worth getting in touch with BBC TV's Watchdog too - they love stories like this!

[harrassed senior]

Not wishing to muddy the waters here, but IF JDW/SB sold the debt to Capquest, should there not be a nil balance showing on their files?

 

or, as you say, if CQ were supposedly only collecting for JDW, then there has been plenty of time for the Credit to have made it onto the JDW files - so the mystery is where IS the missing £110.00.

 

This smacks of Fraud and extortion, and personally I would involve the Police.

 

There is a clear paper trail showing (proving) the money has been paid, but from there it has dissapeared as the debt still exists with JDW.

[mandf]

This is what I would like to know harrassed senior - where has this money gone?

 

I have composed a letter to Simplybe (actually a novel by the time I finished it ) which I will be putting in the post tomorrow on the lines of what Hillards advised (thank you as always Hillards).

 

Will await a reply from this...... although will probably be waiing a while if other replies from Simplybe are anything to go by!!

 

Once again a big thank you to all posters. It has helped give me the strength to carry on fighting this when after paying the debt it would probably have been easier to take the soft option and let it slip away to only come back and bite us at a later date I think. This site is a godsend to us ignorant people.

[mandf]

At long last after over a year of strongmindedness (thanks to consumer action) my daughter received a cheque from Simplybe for the full amount. Although it has cost me the price of an SAR that £10 was well spent as I told them in the final letter that I didn't want goodwill or anything else from them and they could use that to cover the cost of the original £8 slippers. I have informed them they can go and swing with regard to any further custom. Thank you for giving me the know how to persue this to a conclusion. To anyone else in the same position believe in yourself and pursue it to the bitter end.