JD Williams aka shoe tailor

[darling]

This guy has got to be some kind of idiot, anyway i've forwarded this on to Hagenuk, I can guarantee he would make total mincemeat of this guy.

 

This is now the 'one to watch'

 

I too have had letters from Philip Harland, perhaps we should warn him that we are letting loose the Hagenuk on him LOL.

[carolbl]

Hi

 

I got on to Information Commissioners Office as suggested by Caro

 

This is the reply to an email I sent

 

Thank you for your recent enquiry regarding account details.

 

Under the Data Protection Act 1998 principle 5 it states:

 

'Personal data kept for any purpose shall not be kept longer than is necessary for that purpose.'

 

What this means is that the data controller should decide on their own retention policy, taking into account other legislation before destroying personal data.

 

If the information you are asking for is personal data, of which you are the data subject then you could try making a formal subject access request. You have this right under Section 7 (1) of the Data Protection Act 1998. This request should be made to the catalogue company in writing, with a fee of £10.00. The company will have 40 calendar days to respond to you. If you do not receive a response or are unhappy with the response then you can fill in a complaint form with the Information Commissioner. You can complete a complaint form from our website (www.ico.gov.uk).

 

I hope this is of some use to you. Below is a copy of our service standards for your retention.

 

 

Yours sincerely

Val Phipps

Case Reception Unit

Information Commissioners Office

 

 

I then sent another email

 

Dear Ms Phipps

 

Thank you for your reply.

 

I sent a Subject Access request and paid the £10 fee but the only paperwork they sent was for the last three years and when I requested the paperwork back to the last six years I was told they did not keep paperwork that long.

 

As I owe the company money which they keep increasing by way of Administration Charges I wish to pursue a claim for unfair charges but cannot do this if they do not have the paperwork

 

Regards

 

 

This is the reply I got back

Thank you for your correspondence concerning the Shoe Tailor.

 

Before we can give a substantive response to the matters you raise we need you to complete our complaint form which can be accessed from our website (www.ico.gov.uk). We have designed this form to help you provide us with the specific information we need.

 

You can return the completed form by replying to this email and adding it as an attachment.

 

When we receive the form your complaint will be assigned to one of our casework teams before it is allocated to a case officer who will respond accordingly in line with our current service standards, see below.

 

As we cannot progress your complaint without the information we have asked for it will now be closed until you return the enclosed complaint form to us

 

#######

I sent the letter as suggested by Gizmo111 by recorded delivery on Monday

 

I will await their response before contacting the Information Commissioners Office again

 

Carol

 

 

[caro]

I was hoping that they might be able to give a bit better advice than that Carol. From what I have seen if you make a complaint to the ICO it takes months for any kind of action.

[tra2026]

hi i'm also chasing Fashion World for my Mum and I am still waiting for statements but today she has had a letter from them saying they know about the OFT guidelines and have refunded her the £100 it cost to set up a payment plan plus £16.50 in charges but will not refund anymore and thats after only sending them a SAR, still waiting for list of charges and the written agreement though I think they be getting worried.

[gizmo111]

Hi

 

I got on to Information Commissioners Office as suggested by Caro

 

This is the reply to an email I sent

 

Thank you for your recent enquiry regarding account details.

 

Under the Data Protection Act 1998 principle 5 it states:

 

'Personal data kept for any purpose shall not be kept longer than is necessary for that purpose.'

 

What this means is that the data controller should decide on their own retention policy, taking into account other legislation before destroying personal data.

 

If the information you are asking for is personal data, of which you are the data subject then you could try making a formal subject access request. You have this right under Section 7 (1) of the Data Protection Act 1998. This request should be made to the catalogue company in writing, with a fee of £10.00. The company will have 40 calendar days to respond to you. If you do not receive a response or are unhappy with the response then you can fill in a complaint form with the Information Commissioner. You can complete a complaint form from our website (www.ico.gov.uk).

 

I hope this is of some use to you. Below is a copy of our service standards for your retention.

 

 

Yours sincerely

Val Phipps

Case Reception Unit

Information Commissioners Office

 

 

I then sent another email

 

Dear Ms Phipps

 

Thank you for your reply.

 

I sent a Subject Access request and paid the £10 fee but the only paperwork they sent was for the last three years and when I requested the paperwork back to the last six years I was told they did not keep paperwork that long.

 

As I owe the company money which they keep increasing by way of Administration Charges I wish to pursue a claim for unfair charges but cannot do this if they do not have the paperwork

 

Regards

 

 

This is the reply I got back

Thank you for your correspondence concerning the Shoe Tailor.

 

Before we can give a substantive response to the matters you raise we need you to complete our complaint form which can be accessed from our website (www.ico.gov.uk). We have designed this form to help you provide us with the specific information we need.

 

You can return the completed form by replying to this email and adding it as an attachment.

 

When we receive the form your complaint will be assigned to one of our casework teams before it is allocated to a case officer who will respond accordingly in line with our current service standards, see below.

 

As we cannot progress your complaint without the information we have asked for it will now be closed until you return the enclosed complaint form to us

 

 

 

 

#######

 

I sent the letter as suggested by Gizmo111 by recorded delivery on Monday

 

I will await their response before contacting the Information Commissioners Office again

 

Carol

 

 

 

It seems to me that the regulatory bodies don't do anything - you will get no response from CCA letter so hopefully your debtwill be written off - and that is their fault if they ahd complied you wouldn't have benn forced down this route.

[sam19677]

Yes I totally agree with you. I sent my CCA request today, because I got no where with the S. A. R. See if that will get there attention!

[carolbl]

Hi

 

I have heard nothing since sending my CCA letter other than the fact they have cashed the £1 cheque.

 

Can you advise on what I do now

 

Carol

[gizmo111]

Hi

 

I have heard nothing since sending my CCA letter other than the fact they have cashed the £1 cheque.

 

Can you advise on what I do now

 

Carol

 

Do nothing wait until the time is up - 12 working days and then one month

[carolbl]

OK thanks

[carolbl]

Received a letter yesterday from Philip Harland of JD Williams stating

 

We refer to your letter dated 26th September and confirm that, having carried out further extensive searches, we have forwarded all of the data we hold relating to you and which we are obliged by law to reveal to you under cover of our letter dated 31 August 2006.

 

Also a statement arrived yesterday with a Credit Charge of 28.87 and the £1 cheque I sent in my letter of 26th september credited to this account.

 

Any clues on what I do now

 

Carol

[gizmo111]

Received a letter yesterday from Philip Harland of JD Williams stating

 

We refer to your letter dated 26th September and confirm that, having carried out further extensive searches, we have forwarded all of the data we hold relating to you and which we are obliged by law to reveal to you under cover of our letter dated 31 August 2006.

 

Also a statement arrived yesterday with a Credit Charge of 28.87 and the £1 cheque I sent in my letter of 26th september credited to this account.

 

Any clues on what I do now

 

Carol

 

Have they sent you the signed agreement? If they haven't write back stating what it was you requested and they are now in default and the alledged debt is unenforceable until they produce docs.

[carolbl]

ok thanks

[caro]

Did their extensive searches find all of the information going back 6 years, or how ever long you have had an account with them? The tone of the letter sounds like they have found out they were in the wrong and are a bit miffed. Shame they didn't just do it properly in the first place. They will be even more upset if they can't get any more money from you!

 

By the way, is it just statements Carol or is there other info too?

[carolbl]

On looking through all the correspondence it appears that the JD Williams letter sent recently is in reply to my letter before action dated 26th September. They have not replied to my last letter as suggsted by Gizmo. Therefore I am not going to respond to their latest letter and await the outcome of a response to my letter of the 7th October which is the letter Gizmo sent to Premierman.

 

Caro

 

All the documents I received were basically a mish mash of paperwork, nothing constructive and took ages to work out what they meant. This account was opened in 2000 and the only documents that can reasonably understood only go back to 2003. There is no signed agreement as suggested by Gizmo

 

Hope the above can be understood, cos this is doing my head in.

 

I really need to issue against the A&L so I can recoup some money. All these others will do is wipe out the debt and not give me any actual cash.

 

Can somebody look at my Studio forum as I really need advice on their too.

 

Thanks

 

Carol

[gizmo111]

On looking through all the correspondence it appears that the JD Williams letter sent recently is in reply to my letter before action dated 26th September. They have not replied to my last letter as suggsted by Gizmo. Therefore I am not going to respond to their latest letter and await the outcome of a response to my letter of the 7th October which is the letter Gizmo sent to Premierman.

 

Caro

 

All the documents I received were basically a mish mash of paperwork, nothing constructive and took ages to work out what they meant. This account was opened in 2000 and the only documents that can reasonably understood only go back to 2003. There is no signed agreement as suggested by Gizmo

 

Hope the above can be understood, cos this is doing my head in.

 

I really need to issue against the A&L so I can recoup some money. All these others will do is wipe out the debt and not give me any actual cash.

 

Can somebody look at my Studio forum as I really need advice on their too.

 

Thanks

 

Carol

 

Where is it?

[carolbl]

Received letter from Shoe Tailor today which reads

 

In relation to your request for a copy of the executed agreement under section 78 of the Consumer Credit Act, I would refer you to regulation 3 (2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. In it you will see that there is no requirement to priovide a photocopy of the agreement bearing your signature, it is sufficient that we supply details of the Terms and Conditions to which you have agreed, We are therefore enclosing a copt of the type of Credit Agreement sent to you when you opened your account in August 2000.

 

We are familiar with the Consumer Credit Act and are therefore well aware that the debit is legally unenforceable if an executed agreement cannot be provided.

 

This does not, however alter the fact that this is an unpaid debt and will therefore be recorded as a default on our files and those of the credit reference agencies such as Experian, Equifac and Call Credit.

 

If you choose not to make any further payments to this account, we feel it is our obligation to ensure that you fully understand the implications of such a decision.

 

We would therefore advise you of the following;

 

The debt will be recorded on your credit file as a default for £1138.00 and will remain for a period of sxi years. This may adverseley affect your ability to obtain credit/finance in the future.

 

No further applications for credit will be accepted by the J D Williams group of companues.

 

We not that at no time have you stated that you have not received the goods or questioned the amount owed and have in fact made 56 payments to the account totalling £1726.38

 

We are regretful that our relationship cannot be maintained given the accounts previous excellent conduct

 

If this request has arisen as a result of financial hardship we would be happy to negotiate a reduced payment plan in accordace with your financial circumstances.

 

Alternatively we are open to negotiate a settlement figure to clear the account.

 

We will hold the account in abeyance for 27 days or until such time as a decision has been made and look forward to hearing from you in due course.

 

 

 

No as I see it

 

1. They cannot take me to court to make me pay

 

2.I have got such a c**p credit rating now this one isnt going to make the slightest bit of difference.

 

3. I have absolutely no intention of ever appliying for credit with J D Williams ever again so am I really that bothered they wont give me credit.

 

4. Yes I may have made 56 payments to the account but that was before I realised they were conning me out of my money.

 

5. No its not because of financial hardship its because these */*/*/ are edit our money.

 

Any clues on what I do now

 

 

Carol

[gizmo111]

Received letter from Shoe Tailor today which reads

 

In relation to your request for a copy of the executed agreement under section 78 of the Consumer Credit Act, I would refer you to regulation 3 (2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. In it you will see that there is no requirement to priovide a photocopy of the agreement bearing your signature, it is sufficient that we supply details of the Terms and Conditions to which you have agreed, We are therefore enclosing a copt of the type of Credit Agreement sent to you when you opened your account in August 2000.

 

We are familiar with the Consumer Credit Act and are therefore well aware that the debit is legally unenforceable if an executed agreement cannot be provided.

 

This does not, however alter the fact that this is an unpaid debt and will therefore be recorded as a default on our files and those of the credit reference agencies such as Experian, Equifac and Call Credit.

 

If you choose not to make any further payments to this account, we feel it is our obligation to ensure that you fully understand the implications of such a decision.

 

We would therefore advise you of the following;

 

The debt will be recorded on your credit file as a default for £1138.00 and will remain for a period of sxi years. This may adverseley affect your ability to obtain credit/finance in the future.

 

No further applications for credit will be accepted by the J D Williams group of companues.

 

We not that at no time have you stated that you have not received the goods or questioned the amount owed and have in fact made 56 payments to the account totalling £1726.38

 

We are regretful that our relationship cannot be maintained given the accounts previous excellent conduct

 

If this request has arisen as a result of financial hardship we would be happy to negotiate a reduced payment plan in accordace with your financial circumstances.

 

Alternatively we are open to negotiate a settlement figure to clear the account.

 

We will hold the account in abeyance for 27 days or until such time as a decision has been made and look forward to hearing from you in due course.

 

 

 

No as I see it

 

1. They cannot take me to court to make me pay

 

2.I have got such a c**p credit rating now this one isnt going to make the slightest bit of difference.

 

3. I have absolutely no intention of ever appliying for credit with J D Williams ever again so am I really that bothered they wont give me credit.

 

4. Yes I may have made 56 payments to the account but that was before I realised they were conning me out of my money.

 

5. No its not because of financial hardship its because these */*/*/ are stealing our money.

 

Any clues on what I do now

 

 

Carol

 

That is exactly the same as I had on the one I was doing for someone else - around 19th Sept - we have done nothing and heard from their in house DCA - I sent them a copy of that letter and have heard nothing since.

[sam19677]

I got the same letter this morning to. They still hav'nt sent me my info under the SAR. So I sent a letter before action today. I still want to claim back the charges and ppi.Are you pleased with the out come Carol?

[gizmo111]

I got the same letter this morning to. They still hav'nt sent me my info under the S.A.R - (Subject Access Request). So I sent a letter before action today. I still want to claim back the charges and ppi.Are you pleased with the out come Carol?

 

Don't see how you can take them to court for a debt they have effectively written off?

[sam19677]

The balance was only £96. The charges and ppi is hundreds.The LBA was for non conplaince with a SAR. It would be a result if they took me to court. Is'nt that what we are all waiting for?

[gizmo111]

The balance was only £96. The charges and ppi is hundreds.The LBA was for non conplaince with a S.A.R - (Subject Access Request). It would be a result if they took me to court. Is'nt that what we are all waiting for?

 

I thought u had sent a CCA and was acting on that - why did they reply to your LBA like that then?

[sam19677]

I'm sorry I was'nt very clear was I ? I sent a SAR (12th Sept) and they sent me incomplete info. So I sent a CCA request last week. The letter I got this morning was in response to the CCA request. I still hav'nt got the info from the SAR I needed, so I sent off a LBA today. I can't start my claim until they send me my data. Sam x

[carolbl]

Well I am not sure whether to write back and say, I am not paying the debt, they have increased the figure by their charges and I am not going to pay. If it sits there for six years "I aint bothered". If I cannot get anymore credit "I aint bothered, cos I dont want any".

 

Or do I just ignore it, if I do, I know I will just keep getting letters from them, which I shall keep, for future reference.

 

either way they aint getting another penny out of me

 

Carol

[gizmo111]

Well I am not sure whether to write back and say, I am not paying the debt, they have increased the figure by their charges and I am not going to pay. If it sits there for six years "I aint bothered". If I cannot get anymore credit "I aint bothered, cos I dont want any".

 

Or do I just ignore it, if I do, I know I will just keep getting letters from them, which I shall keep, for future reference.

 

either way they aint getting another penny out of me

 

Carol

 

I would just let it lie - if you hear from a DCA then use the letter but file it carefully for future ref!

[caro]

I do not think you should leave it at that Carol. Your credit rating may not de good, but you can start to get it sorted with the combined help and knowledge on this site. Accepting a default will mean you will have another six years of problems getting a mortgage or any kind of credit. You are disputing the amount of money they claim that you owe, so they cannot legally take this action against you. Write and remind them that the account is in dispute, and start reclaiming those charges. If they haven't given you all of the information you need to do this, work out those that you can, and estimate the rest.