JD Williams / Naturally Close / Reliable Collections

[HE WHO DARES WINS :-)]

Dear All

 

I am having a bit of a nightmare getting the info from the above. I have decided to dispute this owing to all the charges they keep applying to my account - its simply ridiculous.

 

I initially sent them over a CCA request, to which they replied but only sent me a true copy.......it didnt have my signature on it or a date so from what i have seen on here is not enforceable.

 

I have since sent of A SAR request, however they have now sent me through a form that i need to fill out and sign without it they can't send me the info i request. I also need to get a witness to sign it and confirm that is me asking for this info, its totally ridiculous, who else would i be.

 

If i dont supply them with this info they will assume i do not want to follow through with my request.

 

Really not sure what to do now. Is there any other way around?

 

I am being bombarded with letters, charges and phonecalls despite saying the account is in dispute and having sent the letter re telephone harassment.

 

Why cant they just supply me with what i ask for!

 

Any help is greatly appreciated.

[kurvaface]

Its an obstruction tactic on their part. You don't have to provide a signature for a SAR. They have deemed it fit to communicate with you at your address by contacting you there so they have no reason to believe you are not who you say you are. There is a thread around somewhere about signatures:)

 

Some folk believe a DCA might try and falsify an agreement so you can always do a fake signature, ie stick in an extra letter or something so you know if they copy it.

 

edit... they did your CCA but wont do the SAR.....wtf

[cerberusalert]

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my SAR, may I bring the following to your attention;

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request.

 

If you still fail to comply to my legal request, I will have no other option than to complain to the Information Commissioners Office & if my complaint is upheld you will be liable to a £5000 fine.

 

Yours,

Print name do not sign.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802

[HE WHO DARES WINS :-)]

Yes i have read the thread about signatures and putting aline through or somehting but to be honest it is such an odd request. They have asked for my address, when i want the information from and to and also what i want sent to me, all of which was covered in the SAR i sent from here. As they are a large company encompassing a number of other catalogue names too they ask me to say if i have ordered from any of the those or need information that may rely on information from any one of their other companies, if i do its £10 each. Its all quite confusing TBH, also they say a number of times that they may not be able to send certain info if it violates other terms or something grrrr, i can see it going nowhere and in the mean time they keep harrassing me and slapping on charges!

 

Thank you for the letter template too, i shall send that off and see what they come back with.

 

Thank you both so much for replying so promptly!

[cerberusalert]

One SAR covers all the information they have on you as a person, all the a/cs must be included. If they carry on playing silly beggers complain to the OFT & the ICO.

[HE WHO DARES WINS :-)]

Hmmn thats what i would have thought. I could see this dragging out and them using it as a way to get lots of £10's out of someone. So tricky.

 

I will send the letter for a third time along with your template and also warn that if they persist i will report them.

 

I am not convinced it will work but we shall see

[dpick]

Also tell them that the 40 days started from the date they received the first SAR not their time scale.

 

dpick

[cerberusalert]

Hmmn thats what i would have thought. I could see this dragging out and them using it as a way to get lots of £10's out of someone. So tricky.

 

It's all academic whether they add charges because in the absence of an enforceable CCA they are urinating against the wind. You never mentioned how old this a/c is but in all probability they are not providing the information simply because they don't have it & have never had it. Do you remember ever signing a CCA?

[HE WHO DARES WINS :-)]

I don't think i ever signed anything, i think it was all done online, but it was back in 2005 so i really cant remember now. I dont mind paying what i owe, as with anything, however i really resent their approach and all the blooming charges!

[cerberusalert]

Even if you did it online because of the year it was done they would still have had to send you an agreement to sign, this changed in 2006 when a online 'tick' box became sufficient to fullfill the requirement. Williams along with most of the catalogue companies failed to sent out 'paper' agreements to sign & now they are in the proverbial because of it.

[Jan4a]

Hi

 

JD Williams and N Brown Limited are the two parent companies of this group so they are trying to make you pay £10 per catalogue, not £10 per company. There are only two companies.

 

Make sure you are dealing with legal department and not sales or accounts - Legal might not know what is going on. Legal are based at head office in Manchester.

 

Good luck

Edited July 12, 2009 by Jan4a

[HE WHO DARES WINS :-)]

OK, now for the next thrilling installment. On the 5th i received a letter from Naturally close / aka fashion world / JD Williams ( manchester address - lever street), saying:

 

I refer to my letter of the 7th JUly 2009 advising that if we did not hear from you by the 30th of July 2009 we would regard your application abandoned. As we have not heard from you I will make arrangements to close your file.

I was just formulating a reply, as i had actually responded to them and had posted off all the things suggested in this thread along with another £10 payment which i referred to in the letter as being the money sent through again for the SAR, i told them i had cancelled the other one as they had quite clearly lost it. All in all i wasn't worried and thought this was just them trying to buy time............i know they got the letter as i sent it recorded delivery and it was signed for about a week ago, i also know they received it because....

Today i got a letter from Reliable Collections stating "payment receipt"! It then twitters on about it wasn't within the agreed plan rate blah blah blah and once again thanks for my payment.

Its not showing on my account yet but either this is a dummy / bluff letter or they have taken the 10.00 i sent in for the SAR as payment! Can they do that???

What do i do now.

I was so angry i nearly picked up the phone to them but i know that would be silly.

[cerberusalert]

Make a complaint to the OFT [email protected]

tel: 020 7211 5823 & the ICO https://www.ico.gov.uk/Global/contact_us.aspx

[HE WHO DARES WINS :-)]

HI thanks for responding.

 

I was hoping it wouldn't get to that as i am sure it will be quite a drawn out process!

 

Just been going round in circles with JD Williams and Reliable, so infuriating!!

 

 

Have you ahd any dealings with these guys before?

[Jan4a]

Clever tactics by them as they are running scared - they're doing their best to put everyone off. As I have just added on another JD Williams thread - the Data Protection Officer dealing with these requests is also a lawyer and Head of their legal team as well as company secretary. They wouldn't have someone that senior dealing with them if they weren't scared.

 

The more complaints to OFT for their delaying tactics, the better! They can't plead ignorance of the law when they have lawyers dealing with it so I would imagine OFT will take very seriously.

[24233513afw]

Hi He Who Dares Wins

Jan4a made me aware of your thread tonight, (Many thank Jan4a) thought I would pop over and compare....

I have just started a new thread (today)for my Daughter who has received the same correspodance as yourself yesterday in reply to a SAR she sent them for 4 accounts.

 

I am about to send back the cerberusalert letter above with a few other bits and pieces on it I am sure what peeps are saying on here it seems like a delay tactic because their running scared, maybe they will know how us people felt when they used their bullying tactics when things took a turn for the worst in our lives (were the sympathetic !!!!were the hell more like pathetic) no compassion atall.

Will follow your thread with great interest and I shall keep you posted with our results. Good Luck

Cheers

afw

[Goldlady]

My 16 year old daughter is getting hassle from this lot on her mobile and she owes nothing to anyone. They refuse to believe she is not the person they are chasing and her sim card was brand new when we got the phone. I have given her some lessons in how to deal with DCAs, particularly when you don't owe a penny:eek: She has told them twice already that they have the wrong number, but they don't seem to be listening.

[HE WHO DARES WINS :-)]

Hi all

 

Just an update for you all. I sent another letter out reiterating everything i had requested before and sent them copies of past letters i had sent and also stipulated that the 10.00 was clearly marked for use to process my subject access request.

 

They sent one reply re signatures that they had already sent so i ignored. The letter i received today was long but a bit pointless. Still no subject access received, nothing mentioned about it in the letter.

 

They instead insisted that there contact towards me was fair and not harrassment. That i still owed them and had fallen into serious arrears......they also popped in a letter informing me how i could complain to them!!!!

 

They say i opened the account back in 2006 but i thought it was earlier than that.

 

They also helpfully informed me that to help me out they had reduced monthly payments to 10.00 and my next one was due on the 27th of this month.

 

I guess i will pen one more letter as perhaps they really are that dim but all in all am livid!!

 

I Feel as though i am going barking mad!

 

I know i am going to have to report, i guess i was just hoping that they would honour my SAR request.

[bigpaddy1754]

hi hwdw, i have just got a letter from jd williams asking me to pay £20. or they will send the account back to reliable. i was dealing with reliable anyway. ideas. regards bigpaddy

[dpick]

unreliable collections are JD Williams in house debt collections dept and just keep sending form letters demanding payment, they are just one desk with a computer screen and printer for letters.

 

dpick

[bigpaddy1754]

hi dpick, i thought as much. i am just going to wait and see if they try and take a fee again, is the reason they are playing pass the parcel because they have no signed cca. bigpaddy

[dpick]

Hi I have seen a few cases where JD Williams did have an agreement but for the most part they were to busy sending out goods to bother. In my case if they had not been such ******** I would have just gone on trying to find a way to pay them. but when I started getting phone calls every day and administration charges when they kept changing the payment date I had had enough. SAR sent to them no agreement supplied further letters back and forth. Finally issued court proceeding to have account declared unenforceable they then backed off the week before first hearing and wrote off account and cleared default.

 

Be prepared for them to stretch the truth just a LITTLE

 

dpick

[bigpaddy1754]

thanks. dpick i will let you know how it goes.

regards. bigpaddy.

[HE WHO DARES WINS :-)]

Hi Bigpaddy, I concurr with dpick. They appear to be one and the same. All it means is that you get bombarded with letters! As soon as i recieve a letter from one i also get another one sent in from reliable, i just write everything to jdwilliams, naturally close and reliable.

 

As i say seems to be going round and round in circles and makes for a very large file but atleast you have all the bases covered!

[HE WHO DARES WINS :-)]

ok so i have finally received some information from JDWilliams in relation to my SAR request.

 

Have looked through it all but cant find an agreement anywhere neither can i see copies of all past statements sent, they also haven't included all my e-mail contact or letters sent to them neither do they show all the letters they have bombarded me with.

 

So are they holding some info back? Can they do that?

 

Should i now send a non compliance? Is there any chance that they dont have any agreement for this?