J D Willliams - longest letter in the world!!

[1foxie]

Hi. Had sent a non compliance of CCa letter to a catalogue company, and today recived this reply from J D Williams

 

" We have complied with our obligations to supply you with a true copy of your credit agreement [THEY DID NOT IT WAS NOT SIGNED].

A true copy is defined by Regulation3 of the CCA 1983.

The true copy need not, by law, contain either the signature of the debtor or the date of the signature in our case. No default therefore arises.

In addition it should be noted that any failure to comply with the duties set out under section 78 of the CCA 1974, would not constitute a criminal offence in any event following the repeal of section78 {6} {b} by the CCA 2006.

Therefore, your claims in this regard are without any legal basis.

Having been provided with this true copy there is no basis for you to either allege that you are exonerated from payment under the agreement or that we remain in breach of our obligations under the act.

So i can be absolutely clear, is it your case that you :

deny any receipt of the agreement

deny signing the agreement

admit or deny receipt of the goods and service

admit or deny performing your account as if you had signed the credit aggreement

So that we can consider your claim further please answer all of the above questions.

There is a statutory right under Section 10 of the data protetion act 1998 [the act] to require a data controller to stop processing data.

A common misconception is that this grants a data subject a general right to prevent a data controller form legitimately processing that subjects data.

That act provides no such general right. providing we process data in compliance with the data protection principles in the act you may only request we cease processing where :

the processing is likely to cause damage and distress,

OR

the purpose of the processing is for direct marketing.

Your claim that your consent to process personal data was given in the form of a signed credit agreement is INCORRECT. We obtain our consent to process personal data at the time the customer applies for one of our catalogues or opens an account.

There is no data protection rubric concerning processing of your data in our customer credit agreement. You DID consent to the uses of to which your personal data has been put. The lack of a CCA, or your signature thereon, is not relevent to the issue.

 

I'm sorry this is such a long thread, but any feedback will be most appreciated x

[version302003]

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Edited April 19, 2009 by version302003

[1foxie]

It was in 2005.

Who are JD Williams? They said they were Solicitors.

[version302003]

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Edited April 19, 2009 by version302003

[1foxie]

Yes thats right S. Beat.

So what would my next move be?

Pay up, or another Template letter?

[version302003]

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Edited April 19, 2009 by version302003

[1foxie]

It was actually 2003 and i think it was online, but am not sure.

They are being paid via a DMP at the moment, but the letters they are sending me are saying i'm not paying enough, my behaviour is unjust, blah blah blah and they are getting my back up. They dont know me from adam.......

[version302003]

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Edited April 19, 2009 by version302003

[cerberusalert]

Can you scan and post what they claim is a CCA, don't forget to remove any identifying details.

[1foxie]

Thankyou. Good thread.

[1foxie]

cerberusaalert............The thing they sent me was a Credit agreement with my details and the wrong address written in by someone else, and no signature.

[version302003]

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Edited April 19, 2009 by version302003

[georgie2404]

i have received a letter along the same lines as you and dont know where to go from here either any advice would be great, iv only received a copy of an agreement also it has my old name on it not my new one whcih was changed last year

[version302003]

i have received a letter along the same lines as you and dont know where to go from here either any advice would be great, iv only received a copy of an agreement also it has my old name on it not my new one whcih was changed last year

 

Hi georgie, might be an idea to start your own thread so you can get specific help. Maybe by posting a copy of the agreement they sent you with some brief details on whats happened up to now and when did you start the account etc

[georgie2404]

iv started one too thanks xx