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fashion world debt help and advice please


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Hi

Any one have a fashion World debt , i have this account since 1996 i had problems with them . i requested a signed Credit agreeemnt form i know i have not signed , but they insist they have sent me a "true copy" i have gone through prodeures of this request last year they put my account on hold but now they have been harrassing me with casl and dead calls .They taken the accoutn off hold now.

They have sent a letter threatend me to call at my home ? they even requested via a call for my work number i have not given it to them , i know the tricks they play , but i do need some simple plain english advice.

They want to know i want to itned to clear the account but they are rip off merchants and they spout the terms and conditons.

i refuse to speak to them as they dont have a clue in there call centers .where do i stand on this /:-|

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Ok firsly l would ask them in writing to remove your phone number from there records as you dont want to talk to them on the phone. If they phone refuse the calls they MY eventually get the hint then.

Secondly send the doorstep callers not welcome letter advising if anybody comes to your door you will call the police.

Thirdly l would send them a SAR and work out what you actually owe them for good taking away there charges and payments made then make a full and final offer based on that.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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JD Williams general response to the 'true copy' arguement is this

 

Whilst the absence of an executed agreement would affect our ability to legally pursue this matter, our right to seek payment through our normal collection methods, short of court proceedings, remains unaffected. If however, it is your decision not to make any further payments to these accounts on the basis that the signed credit agreement has not been provided, we can confirm that collections activity will cease.”

so I took them up on their offer and never paid them a penny more. They did cease their collection activity until today, when I got a letter from Scotcall, nearly 3 years since I stopped paying.

But they will be getting nothing either. Strangely enough they never maked a default on Mrs Alf's credit file, although one was issued by their in house enforcement monkeys Reliable Collections.

It was defective, but when did that ever stop creditors rubbishing your credit rating

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JD Williams general response to the 'true copy' arguement is this

 

Whilst the absence of an executed agreement would affect our ability to legally pursue this matter, our right to seek payment through our normal collection methods, short of court proceedings, remains unaffected. If however, it is your decision not to make any further payments to these accounts on the basis that the signed credit agreement has not been provided, we can confirm that collections activity will cease.”

 

so I took them up on their offer and never paid them a penny more. They did cease their collection activity until today, when I got a letter from Scotcall, nearly 3 years since I stopped paying.

But they will be getting nothing either.

Strangely enough they never maked a default on Mrs Alf's credit file, although one was issued by their in house enforcement monkeys Reliable Collections.

It was defective, but when did that ever stop creditors rubbishing your credit rating

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Fully agree Alf. I have 3/4 defective Shop Direct which all have Deafult markers on them. 2 Redcats one is now ex redcats but it was redcats when taken out and deafulted. one defective Studio and deafulted.

 

They know they cant do this if defactive as the law says so but then again its one rule for us and nother for them.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi

I posted on the wrong thread ap0logies..

I have had this account since 1996 i have not signed a credit agreement, so last year i went through the process of requesting a sgined agreement from FW they took there time in responding but came back to me as "true copy" they whilst this was going through this they put my account on hold, this comapny is a nightmare there terms and conditons are unfair, now after stalemate with them there are persuing me again with calls and dead calls but threatining me to call at my home! i fed up with them i have requested contact with there MD if poss for a poss agreement or something i refuse to pay 1400 for a debt which was only 400 i need soem advice they are trying all tactics and i require some simple advice

many thanks

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Hi,

Firstly, bookmark these two links:

 

http://www.consumerforums.com/resources/templates-library/52-harassment.html

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

 

have a look through these for letters to help you.

 

AS FW have sent you a "true copy" they will say they have complied which is true but if they tried to take this case to court without a fully compliant and signed agreement, they would be very likely to lose.

You have a couple of choices. Put the account into dispute (if you haven't done so already) and then stop paying but beware, they will continue to chase and screw your credit file up royally (if it isn't already)

You could SAR them to find out exactly how much they have taken off you in charges and then do a reclaim. This might be enough to wipe out the outstanding debt.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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If you paid a tenner to get your SAR then yes you did apply for it but I don't think you did. Psychic, me :lol:

Have a look at letter 11 in the 2nd link I posted above. That is your SAR letter.

 

You will need to send all letters by recorded delivery as these companies will deny ever receiving your letter otherwise.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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you have to persevere with these idiots im afraid..they take absolutely no notice of what you send them..and will continue to write and call..the only way i got them to stop in the end was to put the phone on the table and leave em hanging for hours...pain but it worked eventually... i informed them i was not paying them there so called fees..and eventually settled for a f and f of 10 quid on a hundred odd quid debt...

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many thanks for your input, no i did not pay a tenner for SAR but i will request one and every letter i sent then is recorded delivery , but i will have to go through all the paper work and this site, time consuming,been crap year so far with death in the family and illness etc so this bloody issue with FW is the last on my list :)

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  • 3 months later...

I have posted on these threads before about FW but i tried all apsects with dealing this comapny i know they wont go away but they are persistant I am at a dead end with them.Has any one on here won thier case with these muppets because i'm at my wits end now im off sick with stress due other issues so this is not helping me . March 2009 requested a CCA after a long delay , account on hold -their reply posted a' true copy' account off hold more calls letters exchanged . August 2010 i sent a complaint letter ,account on hold again their passing shot is what i wanted to do ? Account off hold more calls now i requested a SAR what do i do after that?

All this time past since my intial enquiry can they take me to court on this ?

1. account since 1996

2. i did not sign a CCA

3.they threatend to door step call my complaint tetter said i will not deal this way only letter communcation

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I'm not saying this is the right thing to do for one moment, but my wife has a debt with FW. She has always totally ignored their letters and hasn't heard anything from them for over a year now.

 

I'm a bit confused that the account came off hold because they supplied a true copy, then later state you did not sign a CCA. Have they responded to your SAR? What did it contain?

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The agreement they supply is just a blank with your name and address printed on it. They made the mistake of printing my present address on the agreement they supplied me, not the address at the time the account was opened. I then informed them they had to confirm they had the original signed agreement and if they had why a reconstructed agreement. They confirmed they could not find original agreement(would be hard never signed an agreement). Advised them re CCA 127(3) that agreement was unenforceable and due to the manner in which the had harassed me they would receive no further payments.

 

dpick

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Harassment is a criminal offence aand as such if YOU feel you are being harassed then you MUST report this to the Police.

Can you scan and post up what it is they have sent you?

40 Punishment for unlawful harassment of debtors. E+W

 

(1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—

 

(a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

 

(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

 

©falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

 

(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

(2)A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

 

(3)Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose—

 

(a)of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or

 

(b)of the enforcement of any liability by legal process.

 

(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than £100, and on a second or subsequent conviction to a fine of not more than £400.

http://www.legislation.gov.uk/ukpga/1970/31/section/40

 

1 Prohibition of harassment. E+W

 

(1)A person must not pursue a course of conduct—

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a)that it was pursued for the purpose of preventing or detecting crime,

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

©that in the particular circumstances the pursuit of the course of conduct was reasonable.

http://www.legislation.gov.uk/ukpga/1997/40/section/1

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

hi, sorry not posted for a while, i scanned a template letter from this site for a SAR to FW two weeks ago , their reply was, thank for your lettter and payment of 10.00 , credit to your account ? your baance is still outstanding?

This company does not read any letters I send in , im still waiting , they still phone and dead calls again . I am in limbo with this ? what action do i do next?

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hi, sorry not posted for a while, i scanned a template letter from this site for a SAR to FW two weeks ago , their reply was, thank for your lettter and payment of 10.00 , credit to your account ? your baance is still outstanding?

This company does not read any letters I send in , im still waiting , they still phone and dead calls again . I am in limbo with this ? what action do i do next?

 

Hi,

You must write back IMMEDIATELY with a formal complaint. They are supposed to use the £10 as payment for the SAR-NOT to credit it to your account.

 

You want that £10 payment removed from your account and used for the purpose it was sent. All trace of that payment wants removing from your credit payment history.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Yes as above, and remind them the clock is still ticking and their failure to supply the information within the time limits will render them to investigation by the ICO.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 3 weeks later...

Happy New Year to you all, its been a while since posting as you aware chistmas is a busy time of year for everyone, well i had a rely to SAR, because they credit my account with a tenner now im querying this reply, had prblems scanning so i give you most of the letter , they acknowledge my letter of 22.11.10 on which it came to the Data protection officer at Fashion World on the 8 .12.10 . they want me to send the form they attached as proof of idendity, this form they want me to fill in requests t me to get a witness (not a relative) who has known me for so may years to sign it , but i do not want any body knowing my business with F/W is this correct as i paid ten pound now they want more info from me , the foot note on the end of the form is type any attempt to acces data that does not relate to you or faulse declaration od identity will lead us reporting both witness and apllaicant to the Office of information commissioner and/or the Police .......

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Happy New Year to you all, its been a while since posting as you aware chistmas is a busy time of year for everyone, well i had a rely to SAR, because they credit my account with a tenner now im querying this reply, had prblems scanning so i give you most of the letter , they acknowledge my letter of 22.11.10 on which it came to the Data protection officer at Fashion World on the 8 .12.10 . they want me to send the form they attached as proof of idendity, this form they want me to fill in requests t me to get a witness (not a relative) who has known me for so may years to sign it , but i do not want any body knowing my business with F/W is this correct as i paid ten pound now they want more info from me , the foot note on the end of the form is type any attempt to acces data that does not relate to you or faulse declaration od identity will lead us reporting both witness and apllaicant to the Office of information commissioner and/or the Police .......

 

Personally, I'd write back stating that obviously they are content sending personal information to you at your current address and therefore there is no need for verification of who you are and that the 40 days limit still stands and a complaint WILL be raised if they dont send the information requested within the given timescales.

 

S.

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Send them this:

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2011 in which you say that you will not comply with my SAR request dated xxx unless I provide you with a signature.

 

There is no legal requirement for this request to be signed.

 

Further, I note that you have sent statements and correspondence containing sensitive private information to me at same address as that detailed in my request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998. The time to confirm my identity was before you sent your first threat letter.

 

I therefore regret that I am unable to respond to your request. Please take note that you have 40 days to supply the information from the date of recorded original receipt of my request.

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I'm fed up with reliable collections. I opened the account in 2004 but due to finance problems ended up in debt with them. I had a payment agreement set in place for £5 monthly. They changed their minds and in July they started demanding £40 a month, I told them I couldn't afford that much. No response from them and they've applied £167.95 in charges between August and December last year. Then I get a letter at the beginning of December stating they've gone back the original agreed amount and stopped the charges but haven't removed any either. So now all of my payments have been for nothing and I'm now back in further debt with them. I'm writing a letter tomorrow asking for all my charges to be refunded.

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  • 2 weeks later...

Hi , i posted the letter as above but they say in no way they requested signatures from me and they say they have the info waiting for me unless i send them proof of my address now , god i hate these people , i have been in this "war " with them for the last two years and they will not comply with any request i asked , they still phone me at all times i getting very tired of them they are wearing me down. Has any one who has any success with fashion world /realiable collection? please advise :-(

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You need to make complaints to the following:

 

http://www.consumerdirect.gov.uk/contact

Complaints - Privacy & electronic communication - ICO

Contact us - The Office of Fair Trading

 

Write one further letter to them, I would suggest something like the following;

 

Dear twits

 

I acknowledge receipt of your letter of the xxxxxx. As you sent that letter and previous letters addressed to me and to which I have replied to the address you are asking me to 'prove', I think you are being unnecessarily obstructive in responding to my request. I have therefore had no option to report this matter to Consumer Direct: The Information Commissioners' Office as well as The Office of Fair Trading.

 

Until such time as I receive the information requested, the Account is considered IN DISPUTE and no further correpondence, telephone calls, personal callers will be entertained as that will also be in breach of the Office of Fair Trading Guidelines.

 

Yours etc.

 

DO NOT SIGN YOUR NAME AND SEND RECORDED

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