Kays Catalogue agreement

[keefyboy]

One little bit I forgot is don't forget to take the details of the caller off the tape and make a log book, it's all evidence for you to use in the future.

[romany]

Hi All

 

Version the amount is £**** about £*** is charges, interest. Thanks out4revenge, keefyboy thanks mate well appreciated, I just need some sort of letter for the moment explaining to both parties the situation, I would like to mention I am having serious doubts on the signatures, ( well they are not mine, put it that way ), I would like to add this to see what their response is like, so basically a dispute letter based on the signatures and why do they have my customer copy, plus a section to hold off charges and phone calls.

 

Is this possible? I will try and come up with a draught letter later today and will post for your perusal.

 

Thank You all, I really appreciate the help here, I didn’t have much help at the local CAB, but the people here have given me alternatives.

 

 

Cheers

 

Chris

Edited March 16, 2009 by romany
mistake

[version302003]

Hi chris, the charges app. £500 can be claimed back providing they are penalty charges

 

also edit your post above and alter the other amount (you never know whos looking).

[romany]

Thanks, I am still trying to come up with a letter for both parties, that could explain the situation.... Any help?

 

Thanks

 

Chris

[version302003]

Hi chris, you only need one letter to littlewoods. You can copy it to NDR and tell them you wont deal with them until littlewoods have explained or dealt with your dispute.

 

Also if you can you need to copy "copy 2" and "copy 4" and include it in your letter to confirm the irregularities. I personally would not include "copy 3" (your agreement) as it gets things messy.

 

I would simply state that you did sign "copy 2" but you didnot sign "copy 4" and as a consequence you "suspect fraud". I wouldnt accuse them of it outright tho as it's a serious allegation. I would also head it "formal complaint"

 

Its only a draft but hows this:

 

 

FORMAL COMPLAINT

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted and the two agreements received.

 

I would like to bring to your attention my concerns in relation to the two agreements (copies enclosed).

On **DATE** I made a formal request for a true copy agreement for the alleged account under consumer credit Act 1974 s78. A copy of which is enclosed for your perusal and ease of reference.

 

By return you sent two seperate agreements. However it is my view that the signatures on the agreements are clearly different.

 

Whilst I agree that the agreement dated 12/01/04 with a total balance of £191.54 was signed by me I contest that the second agreement dated 17/01/04 was signed by me. The signatures are clearly different.

 

Furthermore the agreement dated 12/01/04 for £191.54 was fully paid for within the 99 week term period stated in the agreement.

 

 

As the signature on the 20 week agreement dated 17/01/04 is clearly different from the 99 week agreement I signed dated 12/01/04 I do not acknowledge the agreement dated 17/01/04 and therefore do not acknowledge any debt to your company.

You have failed to provide any evidence that I have signed an agreement to the account as it does not contain my signature.

 

Therefore you have failed to comply with my statutory request under the CCA 1974 s78 AS YOU HAVE SUPPLIED AN AGREEMENT BEARING ANOTHER PERSONS SIGNATURE.

 

 

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.

 

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 letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

PRINT NAME (DON'T SIGN)

[romany]

Hi Version

 

Thank you for putting the letter together for me, i will use this and see what response i get from it, also should I put this below the letter:

 

Also in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Wireless Telegraphy Act (1949) and I will report you to both Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

 

In case you are not aware of the laws in question you may wish to study the following:

 

1 ) Communications Act 2003, Section 127

 

2 ) Human Rights Act 1990, Article 8 - Right to respect for private and family life

 

3 ) Administration of Justice Act 1970, Section 40 onwards

 

4 ) Wireless Telegraphy Act 1949, misuse

 

 

With this in mind I feel it fair to advise you of the following:

 

a ) I shall be keeping a diary of telephone calls from this point onwards.

 

b ) Telephone calls to my private and mobile numbers will be recorded, and recordings will be used in any action taken.

 

c ) Telephone calls to my place of work will be ignored, but recorded in the diary.

 

To reiterate, I am officially informing you that I will only deal with * * * * * in writing and wish all telephone calls to stop immediately. All future correspondence from * * * * * (for any reason whatsoever) must be made in writing.

 

I trust that I have made myself understood on this matter

 

 

Thanks again, really appreciate this!

 

Chris

[version302003]

sure, if they are ringing then add it to the letter

[romany]

Hi Version

 

I am still compiling a letter to send Kays, i have had time to go over the documents Kays sent me as required with the subject to access request and have found numerous mistakes and errors on the information, what i need is a template letter saying they have failed with my subject to access request, at the moment the letter is three pages long, but i want to add the failure to produce the subject to access request along with the letter you posted above and the telephone harassment letter, this will be complete then, i will have a look around the site for one, but anyone knows of a direct link, it will be much appreciated, I feel confident again .

 

Thanks

 

Chris

[keefyboy]

Chris

Good to see your picking up, when you think you have the letter ready, don't post it, leave it overnight then read it again in the morning, you may well wan't to add something or alter something, it makes you feel good at the start of the day... I know, how do you think my wife calls me "Moaner", I write on average 3 letters a week, and enjoy doing them.......

[romany]

Cheers Keefyboy

 

After reading through the documents they sent me as requested by the sar request, i found that not only did they not send me half of what they should have there statements were computer printouts that didn't tally with my original statements, they had items on there that we never had, the dates are wrong, anyway i will post the letter up later when i have finished for you all to look at.

 

Thanks Again

 

Chris

[romany]

Hi All

 

Well i have searched everywhere for a follow up to the SAR request, can't seem to find one anywhere, basically they have not included the following:

 

With regard to my subject to access request dated 24th February 2009, they have failed to comply with the ten requests stated thereon.

 

1. Original agreements were not sent, only photocopies, of which I am disputing.

 

2. Transcripts of telephone conversations between your company and myself were not present.

 

3. Account history and manual intervention notes were not sent or referred to.

 

4. Copies of default letters were not included.

 

5. Insurance policies were not included or referred to, even though an extended guarantee is continually mentioned on statements.

 

6. Charges added and a breakdown of said charges were not included.

 

7. Fees added by any other agency with detailed breakdown were not included.

 

8. Any notice of fair use of my data as required by the Data Protection Act 1998 was not included.

 

9. List of third party agencies to whom you have disclosed personal data and a summary of the nature of the information you disclosed was not included.

 

10. The true number of statements for the account was not included. Only those dated on or up to 27th September 2007 were included. Any statements generated after that date have not been included. These statements were not true copies as requested, but computer generated printouts that do not tally with the statements that I hold with regard to this account. There are numerous errors, and items are stated on the copies supplied on 9th March 2009 that are not present on the originals (see appendix 1.1)

 

 

 

I have all the data to back this up, but I need some information regarding failure to produce the requested documents, I am basically putting together three separate letters in one letter along with the proof I have of the abnormalities with their documents, my wife also spotted they have been charging us even when we had an agreement to them £1 per month, so I will be looking for a claim for that also, this has really got me reeling and I am here to the bitter end what ever the outcome!!!

 

Just to point out, that when I get this sorted I will be helping people in this forum as much as I can, as the help I have received from as been tremendous.

 

Thank You All!!!!!!!!!!!!!

 

 

Chris

[romany]

Hi Again

I have found this link for Data Protection Act Non Compliance if anybody needs it:

 

Data Protection Act: Non-Compliance - Consumer Wiki

 

 

I will be using this!!

 

Cheers

 

Chris

[romany]

Hi All

 

Sorry about the delay, i have been unwell, I Just need a copy of consumer credit Act 1974 s78 , i have had a look around today, but i find this a bit confusing, would anyone have a copy they could post me?

 

I will put up the letter for your perusal later tonight, any comments on it would be very welcome.

 

Thank you all again!!

 

Chris

[Nagasis]

78.—(1) The creditor under a regulated agreement for running-account credit, within

the prescribed period after receiving a request in writing to that effect from the debtor

and payment of a fee of 15 new pence, shall give the debtor a copy of the executed

agreement (if any) and of any other document referred to in it, together with a

statement signed by or on behalf of the creditor showing, according to the information

to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the

creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw

further on the account, will later become payable under the agreement by the

debtor to the creditor.

(2) If the creditor possesses insufficient information to enable him to ascertain the

amounts and dates mentioned in subsection (l)©, he shall be taken to comply with that

paragraph if his statement under subsection (1) gives the basis on which, under the

regulated agreement, they would fall to be ascertained.

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by

the debtor, or

(b) a request made less than one month after a previous request under that

subsection relating ~o the same agreement was complied with.

(4) Where running-account credit is provided under a regulated agreement, the

creditor shall give the debtor statements in the prescribed form, and with the

prescribed content

(a) showing according to the information to which it is practicable for him to

refer, the state of the account at regular intervals of not more than twelve

months, and

(b) where the agreement provides, in relation to specified periods, for the

making of payments by the debtor, or the charging against him of interest

or any other sum, showing according to the information to which it is

practicable for him to refer the state of the account at the end of each of

those periods during which there is any movement in the account.

(5) A statement under subsection (4) shall be given within the prescribed period

after the end of the period to which the statement relates.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence. (no longer inforce)

(7) This section does not apply to a non-commercial agreement, and subsections

(4) and (5) do not apply to a small agreement.

[romany]

Hi All

 

Sorry for not keeping you up to date with the progress, I have been in hospital for a bit, i sent the following letter on the 24th March and received a reply on the 26th March from Shop Direct financial services, as you can see by the dates i have given them, the 14 and 21 days have passed, just need advice on what to do next, send them another letter or wait until they have sorted out a suitable reply?

 

-------------------------------------------------------------------------------------

 

Kays

Arrears Collection Department

Aintree Innovation Centre

Park Lane

Netherton

Bootle

L30 1 SL

 

FORMAL COMPLAINT

 

Account In Dispute

 

Dear Sir/Madam

 

Re Account No: − K7827538

 

Thank you for your letter of 2nd February 2009, the contents of which have been noted and the two agreements received.

 

I would like to bring to your attention my concerns in relation to the two agreements (copies enclosed). On 5th February 2009 I made a formal request for a true copy agreement for the alleged account under consumer credit Act 1974 s78. A copy of which is enclosed for your perusal and ease of reference.

 

By return you sent two separate agreements. However it is my view that the signatures on the agreements are clearly different.

 

Whilst I agree that the agreement dated 12/01/04 with a total balance of £191.54 was signed by me I contest that the second agreement dated 17/01/04 was signed by me. The signatures are clearly different.

 

Furthermore the agreement dated 12/01/04 for £191.54 was fully paid for within the 99 week term period stated in the agreement. You should be aware that £20.02 was paid in advance of receipt of this item on the 18th January 2004. (Appendix 1.2)

 

As the signature on the 20 week agreement dated 17/01/04 is clearly different from the 99 week agreement I signed dated 12/01/04 I do not acknowledge the agreement dated 17/01/04 and therefore do not acknowledge any debt to your company.

 

You have failed to provide any evidence that I have signed an agreement to the account, as it does not contain my signature.

 

Therefore you have failed to comply with my statutory request under the CCA 1974 s78 AS YOU HAVE SUPPLIED AN AGREEMENT BEARING ANOTHER PERSONS SIGNATURE.

 

 

 

 

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.

 

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.

 

During the term of mutually agreed token payments being made by myself, your company has continued to make default charges against this account without prior notice, and have continued to do so while the account has been in dispute. I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

 

 

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter, which is now a formal complaint.

 

With regard to the Data Protection Act 1998 and my subject to access request dated 24th February 2009, you have failed to comply with the ten requests stated thereon.

 

1. Original agreements were not sent, only photocopies, of which I am disputing.

 

2. Transcripts of telephone conversations between myself and representative of your company were not present.

 

3. Account history and manual intervention notes were not sent or referred to.

 

4. Copies of default letters were not included.

 

5. Insurance policies were not included or referred to, even though an extended guarantee is continually mentioned on statements.

 

6. Charges added and a breakdown of said charges were not included.

 

7. Fees added by any other agency with detailed breakdown were not included.

 

8. Any notice of fair use of my data as required by section 7 - Data Protection Act 1998 was not included.

 

9. List of third party agencies to who you have disclosed personal data and a summary of the nature of the information you disclosed was not included as per section 7 – Data Protection Act 1998.

 

10. The true number of statements for the account were not included. Only those dated on or up to 27th September 2007 were included. Any statements generated after that date have not been included. These statements were not true copies as requested, but computer generated printouts that do not tally with the statements that I hold with regard to this account. There are numerous errors, and items are stated on the copies supplied on 9th March 2009 that are not present on the originals (see appendix 1.1)

 

Also in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Wireless Telegraphy Act (1949) and I will report you to both Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

 

 

 

 

 

 

 

In case you are not aware of the laws in question you may wish to study the following:

 

1) Communications Act 2003, Section 127

 

2) Human Rights Act 1990, Article 8 - Right to respect for private and family life.

 

 

3) Administration of Justice Act 1970, Section 40 onwards

 

4) Wireless Telegraphy Act 1949, misuse

 

With this in mind I feel it fair to advise you of the following:

 

a) I shall be keeping a diary of telephone calls from this point onwards.

 

b) Telephone calls to my private and mobile numbers will be recorded, and recordings will be used in any action taken.

 

To reiterate, I am officially informing you that I will only deal with Kays in writing and wish all telephone calls to stop immediately. All future correspondence from Kays (for any reason whatsoever) must be made in writing. I trust that I have made myself understood on this matter.

 

Finally, with regard to Nationwide Debt Recovery Limited (NDR), I am also writing to them with regard to this account and said dispute and trust that you will also inform them of the dispute and advise them to cease contacting me by either letter or telephone in the future. I am satisfied that I am now in possession of sufficient evidence to take legal action if or when I deem it necessary.

 

Yours faithfully

 

Name

 

 

Enc:

Appendix 1.1

Appendix 1.2

Letter to National Debt Recovery Limited (NDR) (BOTH ADDRESSES)

Copies of signatures disputed Inc Appendix 1.3

Consumer Credit Act 1974 s78

Copies of Statements dated 8th August and 5th September 2007 as Appendix 1.4

 

Copies held pending for:

 

Trading Standards

Information Commissioners Office

Financial Ombudsman Service

 

 

-------------------------------------------------------------------------------------

 

Here is the link to the reply:

http://i598.photobucket.com/albums/tt67/romany1968/shop-direct-reply.jpg

 

 

Thank you all!!!

 

Chris

[romany]

Anybody?

 

Thank you

 

Chris

[cerberusalert]

You might as well wait for them to reply otherwise you'll just end up in a one sided game of postal ping pong.

[romany]

Cheers Cerberusalert

 

I thought so, I will wait it out.

 

Thanks again

 

Chris

[romany]

Hi All

 

Had a letter yesterday from Nationwide Debt Recovery about the balance owed, should i respond or leave it as, god these people don't get the point do they, do you think they are testing the water or are they that stupid?

 

Cheers

Chris

[cerberusalert]

Send NDR this;

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

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

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

Print name do not sign

 

Where it says ***DCA*** just put 'Kays'.

[romany]

Hi Cerberusalert

 

Have sent the letter to NDR today, but what concerns me is that NDR are a subsidiary of Shop Financial Services who had promised a full investigation in to my complaint as outlined in the letter they sent me on the 26th March 2009 http://i598.photobucket.com/albums/tt67/romany1968/shop-direct-reply.jpg

 

They have not contacted me at all apart from the letter, this is surely either a breakdown in communication or their promise of a complete investigation is a fallacy?

 

Do you think i should send them a letter to complain about this or as you pointed out earlier this could be a one sided game of postal ping-pong.

 

Thank s for your help, really appreciate this

 

Chris

Edited April 29, 2009 by romany
Mistake in link

[cerberusalert]

Ignore them but make a complaint to the OFT because it shouldn't have been passed to them nor should anyone be attempting collection activities whilst it's in dispute.

[email protected]

 

tel: 020 7211 5823

[romany]

Thanks Will do Asap !!

 

Chris

[romany]

Hi All

 

Sorry I haven't posted sooner, my scanner failed last week and I have been waiting for it to be repaired, my cousin is lending me his this evening so I can scan the reply letter for you all to see, in the meantime, this morning i received numerous default letters from NDR and Kays adding charges, I am in the process of putting together a pack for the FOS, Shop Direct Finacial have said in their letter to contact them and they also said that this was their final responce letter, so as this account is still in Dispute are they allowed to send me the default letters, they are backdated also with charges on, slightly confused here

 

Thank You

 

Chris

 

PS: Will post as soon as I get the Scanner

[romany]

Hi Again

 

Are they allowed to continue to send me default charge letters while i am in dispute with then, even though they have sent a deadlock letter?, as i said in my last post i am putting together a pack for the Fos and now i think i will send a pack to the Office of Fair Trading aslo, as i think they are breaking the law as i am in dispute? am i right in thinking this??

 

Thanks

Chris