My Daughter has 4 Accounts with Parent Company J D Williams charges reclaiming **WON**

[24233513afw]

Sent subject access request away to GE Money received them 6/7/09 if my calculations are correct we should have had a reply by 15/8/09 (40 days)and surprise surprise there is no replies.

Not sure what to do now...do We just sit and wait or do we report to ICO

any guidance appreciated.

They wont be wanting to part with the info as my Daughter has massive charges on these accounts and because these accounts are all clear and paid they wont want to pay any monies out on them.

But will we give up....no we wont.

[mangle101]

Sent subject access request away to GE Money received them 6/7/09 if my calculations are correct we should have had a reply by 15/8/09 (40 days)and surprise surprise there is no replies.

Not sure what to do now...do We just sit and wait or do we report to ICO

any guidance appreciated.

They wont be wanting to part with the info as my Daughter has massive charges on these accounts and because these accounts are all clear and paid they wont want to pay any monies out on them.

But will we give up....no we wont.

 

After my request for a SAR was not sent back i sent off a LBA to Santander Cards UK ( Send registered ) giving them a further 7 days to comply, if these 7 days pass without your request being complied with then a formal complaint to the following organisations - FOS, ICO, FSA, BBA & Office of Fair Trading. When you send a complaint also include copies of the letters requesting SAR, LBA & also proof of postage. I have attached a template that was kindly sent to myself by a fellow Cagger.

Formal Complaint.doc

[24233513afw]

Many thanks for your advice do oyu have any links to a Letter Before Action I have seen one somewhere on the forum...but cant seem to find it.

Any caggers out there who can point me in the right direction for a letter before action regarding non-compliance of SAR.

 

Also the SAR letter I sent were to GE money as they were the creditor at the time I notice that you sent them to Santander do you have an address for the.

 

I would be extremely grateful for any help with these plonkers.

Cheers

afw

[mangle101]

The attached is a copy of an LBA that i used. This was sent to Sarah Wainwright, Data Protection Administrator, PO Box 700, Leeds, LS99 2BD, but i DID NOT get any joy from this address so i then complained to various financial organisations ( ICO etc ) & recieved a letter from The Complaint Resolution Team, Santander Cards UK Ltd, Capital House Unit A, Bruntcliffe Way, Morley, Leeds, LS27 0JG. Hopefully this will help!

LBA.doc

[24233513afw]

Hiya

Meant to say after receiving SAR back there was no copy of the CCA within it I always thought if you paid £10 for SAR you where entitled to everything. They are now saying that they want another £1.00 for a copy of the CCA. Can anybody confirm what is correct.

 

After sending off for default charges to the 4 companies one of them have replied with a big speel of a letter informing us that only a court can decide whether a term is fair or not. Also enclosed a copy of their complaints procedure. So do I take it this is not their final decision. I have posted a copy of the letter here. If anybody can give us any guidance where to turn to now we would be more than grateful. This account was opened in November 2007.

 

Refusal letter for charges and complaints procedure

 

Copy One

Copy Two

Copy Three

[dpick]

If you sent a full data sar then the agreement should be included. I have found that both JD Williams and Littlewoods were until not very long ago to busy sending out goods to bother getting any agreements signed and as a result many caggers found that these two companies did not carry any type of agreement linked to them.

 

In my own cases if these two companies had treated me with any type of respect or consideration I would have done the same with them and paid them, they had not so I told them that they had no enforceable agreement and to get lost.

 

dpick

[24233513afw]

Good for you pdick give them a taste of their own medicine.

 

When my daughter received the letter in post number 19 above we wondered if anybody else had tried toget charges from J D WIlliams regaring their consortium of catalogues their letter does not say full and final decision so we are not sure whether to just accept their decision or resend andother letter or contact FOS.

 

Can anybody out there help us as to what we should do next.

 

Cheers

afw

[24233513afw]

Hi

It appears that JD Williams(The Brilliant Giftshop.co.uk ) think that the OFT setthe £12.00 threshold for defaultcharges inrelationto creditcards and notcataloguescan anybody confirm if this is true. ALso they are refusing charges can anybodyadvise can we take our complaint to FOS for catalgue tores such as JD William, SHow Tailor and such likearethey guide by FOS. they dont seem to think so.

Cheers

AFW

[hilaryfrances]

hey come one someone we could do with an answer to the above, a few of us are getting confused now, I need to know how I stand 100% before I send in an LBA and then take them to the small claims court

[SURFBOY]

Hi

It appears that JD Williams(The Brilliant Giftshop.co.uk ) think that the OFT setthe £12.00 threshold for defaultcharges inrelationto creditcards and notcataloguescan anybody confirm if this is true. ALso they are refusing charges can anybodyadvise can we take our complaint to FOS for catalgue tores such as JD William, SHow Tailor and such likearethey guide by FOS. they dont seem to think so.

Cheers

AFW

The £12 was a limit that the OFT stated that they would not take any action over in reguard to its investigation into credit card charges.However , just because this would not be investigated by OFT if under £12 does not mean that a charge of up to £12 is lawfull and fair ! It is up to the company making the charge to prove that the charge relates to any actual loss incured, anything above actual loss is deemed as a penalty charge and as case law determines it is irrecoverable. it was not set as a legal limit and it is up to the company making the charge to prove actual loss of said amount. And that includes any catalogue company.

Edited September 15, 2009 by SURFBOY
mistake

[24233513afw]

Hi folks

 

Update on my daughters requested SAR to GE Money/Santander

 

Sent 1st SAR request to GE Money on the 2nd July they received 6th july 09. - No Response

 

Sent 2nd request to GE Money and Santander on the 19th AUgust 09 they received 24 August 09 - No Response.

 

Sent 3rd Letter - Letter before Action to Santander 7th September 09 received 9th September 09 giving them another 7 Days - still no response.

 

Could somebody please helpmewith guidance on where I actually start complaints to is ICo, FOS or whoever I think GE Money/Santander are starting to play games nowandit is ******* me off asthey owe my Daughter a lot of money for charges on these accounts before she paid them off. They bullied, harassed and pestered her when she was going through a really bad timenow they need to pay back.

ANy guidance would be greatly appreciated.

AFW

[24233513afw]

Hi Folks

 

A wee update since receiving SAR back.

 

Applied to 4 (Fashion WOrld, Brilliant Gift Shop, SImply B, Shoe Tailor) for charges only 1 has replied refusing the rest have ignored my letters.

 

Can anybody advise me what to do now.

 

Do I re-wrtie to them all again or do I report them to somebody ICO, FOS etc...some help would be greatly appreciated.

 

As it stands:

Brilliant Gift SHop.....refused me charges

shoe tailor..............No response to charges

Simply B.................No Response to charges

Fashion WOrld.........No Response to charges

AFW

[sallysas]

Don't bother with the lba - how can you threaten them with court action if you have no figures to go on? File for non-compliance at court - the staff here in Birmingham were very helpful when I needed to file - bet it will be true at your courts.

[24233513afw]

Would this be the same way in Scotland, I was thinking more of the ICO or FOS to start with as my hubby is not a well man and my Daughter has gone through a really bad split with partner and left her to get on with it financially and i think the court route would take up more of my precious time yjay really needs to help them through this bad time.

Cheers

AFW

[mangle101]

24233513afw - This is a letter that i sent to complain, an identical letter was sent also to the various financial institutions at the bottom of the letter aswell. Fill in the sections in Red & amend to suit.

ICO Complaint.doc

[hilaryfrances]

:Dbump, a few of us could do with some advice please

[SURFBOY]

If they are refusing to pay back charges you need to file a small claim in court.

[sea-sidelady]

You need to follow the time line.

 

Sar...

Prelim letter..... 14 days, then the lba letter.

 

If no response or unacceptable response, its time to file at court.

 

The chances are you will be ignored. They will hope you will go away. But keep at them

[24233513afw]

Hi Folks

 

Absolutly great news today my Daughter has just received letters from J D Williams's Solicitor awarding her charges back on all 4 accounts, this will not clear the balances but will take a huge lump off them. WHich in turn will help her pay them off quicker.

 

In their first reply they tried to tell us that FOS wouldn't get involved because they were not a credit card and that some sharges were after 2007 (What a load of crap) so we just kept at them. SO DON'T GIVE UP THATS WHAT THEY ALL WANT US TO DO.

 

After many letters to J D Williams which they failed to acknowledge. Eventually on the 24/9/09 we wrote to Linda Bond, Service Resolution Manager, Home Shopping Direct, Griffin House, 40 Lever Street, Manchester M60 6ES.

 

THankyou everyone for all your help that you have given us before wefound this site we would have thrown the towel in ages ago and let them off with all these charges.

 

Good luck to everyone who is fighting for their rights.

 

Cheers

AFW

[sea-sidelady]

That is fantastic!! Well done

 

Have they given you a date for the refund. I had to give them a gentle nudge to remind them. Only give them 7 days.

[Jan4a]

Well done. Pleased for you.

[24233513afw]

Hi Folks

 

Many thanksits a great relief for my Daughter

Just writting letter of acceptance now and giving them 7 days to comply they are going to deduct from her balances so she wont have as much to pay so I do suppose they can takea few weeks it wont affect heras she will deduct it fro her balance and as no interest is being charged now it doesnt make any difference. But we sahall give them 7 days and see what happens. I am sure they will have a few delay tactics uptheir sleeve, but bet they are gutted at paying these back. They make enough money from peoplewho shop from their books the prices are extortionate and their interest.

Good Luckkeepusallpostedshe has few other that we are fighting for charges just waiting onCap1 now.

Cheeers

AFW

[24233513afw]

Hi Folks

Eventually today my Daughter received her SAR from GE Money (now Santander) they have provided her with 6 years of statements but a hell of a lot of statements missing(not sure what to about that) also they have stated in their letter they can't provide herwith the missing statements.

Also they state that 1 of the accounts was paid off and closed before 2003 but this isn't true they were all paidoff July 2007.

I have already reported them to ICO for non-compliance but will need to try and estimate charges and PPI for the missing months - is she allowed to do this. After all they can'tsupply the statements so what proof do they have.

 

Any pointers would be greatly appreciated.

AFW

[24233513afw]

Hi folks

 

Info in the above post #17 has got us bamboozled, I have tried to cut is down a bit in this post please can someone help us......

 

Can anybody help with what road do we go down now. GE have sent my Daughter her SAR h(eventually) however they state that they do not have any info for 1 of the accounts ( saying closed before 2003 we cant remeber but dont think it was aslong as this).

 

They have sent statements for the other 3 accounts however there is a lot of statements missing.

 

We have already reported non compliance for the SAR to the ICO (just last week the day before twe received the SAR) as we applied for the SAR in July 2009

 

1. Do we contact ICO and tell them they have sent SAR but not complete ?

2. Do we estimate charges on the satements they haven't provided ?

3. GE Money also state they can not provide us with Default Notices?

 

Any help would be greatly appreciated.

Cheers

AFW

[24233513afw]

Hi

Received statements. Calculated Charges, do we send request for charges to Sarah Wainwright or to different person for GE Money.

Also CL Finance had been assigned this debt so do we claim them or GE Money/SAntander.

Cheers