J D Williams Group -can i sue for Harassment

[42man]

Good luck SJ....keep us posted !!

[Sophie-Jane]

Not had time to send this letter, but it will be ooff in the post tomorrow, I have revised it slightly to give them time to act

But even so, it gives them ONLY JUST enough time to write back and comfirm whether or not they have acted, or what action they intend to do.

 

J D Williams Group

Martin House

23 Huntsbank

Manchester

M3 1AX

 

 

 

 

 

Your Ref – UNKNOWN

MY REF - HARRASSMENT

 

24th September 2008

 

 

 

FINAL WARNING

 

 

COURT ACTION PROCEEDING

 

 

72 HOURS TO COMPLY AND RESPOND

 

Dear Sir / Madam

 

Having contacted your offices on numerous occasions to inform you that you are committing an criminal offence by contacting my Landline number 01480 ******, I am now informing you officially of my intention

 

The action which I will be taking will be – Harassment and distress, and I will be suing your company for calling me with an 0800 0728401 – Automated dialler – N Brown Group, The offence consists of nuisance phone calls on numerous occasions, as I work nights also, being woken by a call at 10:23am, is not a suitable time to be woken up by anyone, especially an automated dialler call, where nothing is said.

 

I have evidence to provide at court that you have made such calls, and if they do not stop within 72 hours of receiving this letter, each and every call will be logged and charged at the rate of £100, and also I will be claiming a sum of £2000 for distress and harassment caused.

 

This action taken by myself will be vigoursly defended in court with evidence to back every stage of action that I have taken and further evidence which I hold against your company, which will be available in court proceedings.

 

Therefore may I suggest that you remove my number and cease with immediate effect, you have 72 hours (on receipt) to comply, and to write confirming that action has been taken to stop your automated dialler, so not to cause further harassment and distress, if no confirmation has been received and/or the calls do not stop within the 72 hours, I will have no alternative but to start court action.

 

This letter has been sent and tracked by Royal Mail Signed for delivery services, so that I am certain that it has been received at your offices.

 

Court action will commence 3rd October 2008.

 

 

My phone number given is for finding and removing from your systems, not for any other purposes, you may not contact me by telephone for any reasons, and such breach will result in Data protection act infringements, and further court action being taken for such breach.

 

Yours Sincerely,

 

 

Thank you 42 Man, Let the fight begin

Edited September 26, 2008 by Sophie-Jane
Silly me, I left my number in it

[citizenB]

Well that sounds pretty good to me. Look forward to hearing if they are stupid enough to ignore it.

[74656]

Subscribing x.x.

[Sophie-Jane]

No juicy action to report

 

I have had 1 phone call from these people (So called people)

 

They requested a Mr Clarke, he was a Tennant here (I Believe) some time ago, so I got the flack.

Was told by them that they will remove my number from their systems

 

But even so, the calls have stopped and I can now sleep thankfully

[Mercury_Princess]

Hi

 

I keep getting nuisance and harassing phone calls & texts to my mobile from JD Williams group for someone else. the caller always asks for this person (a man...I am female) and my account number, postcode, d.o.b etc which I don't have and never have had so will not give them. Furthermore, the caller gets very abusive (I have even been sworn at on several occasions) and when I have asked them politely to leave me alone they have replied "or else what you gonna do?" this is really frightening me now and I have asked where they got my number from as I have never heard of the person they keep asking for but they will not tell me.

 

I have been called up to 10 times a day on numerous occasions and received several texts. I have written to them three times explaining that I am not the person they want and I will take court action against them if they do not stop harassing me but they have ignored my letters. I am disabled and never even had a catalogue in my life, I don't know what to do anymore. If anyone can help me/advise please let me know.

[Mercury_Princess]

try this address for JD Williams:

complaints no one deals with dept,

office of nobody cares,

couldnt give a **** st,

CRA P1

not much help i know,but i bet you feel that this address would probably get you further than I have!!!!

[Nagasis]

Hi

 

I keep getting nuisance and harassing phone calls & texts to my mobile from JD Williams group for someone else. the caller always asks for this person (a man...I am female) and my account number, postcode, d.o.b etc which I don't have and never have had so will not give them. Furthermore, the caller gets very abusive (I have even been sworn at on several occasions) and when I have asked them politely to leave me alone they have replied "or else what you gonna do?" this is really frightening me now and I have asked where they got my number from as I have never heard of the person they keep asking for but they will not tell me.

 

I have been called up to 10 times a day on numerous occasions and received several texts. I have written to them three times explaining that I am not the person they want and I will take court action against them if they do not stop harassing me but they have ignored my letters. I am disabled and never even had a catalogue in my life, I don't know what to do anymore. If anyone can help me/advise please let me know.

 

I would go to citizens advice. Let CAB phone the **** and let them explain themselves. Take copies of the letters you have sent.

I would also send **** a section 10 notice.

[Mercury_Princess]

Hi

 

Thanks for your reply to my post, I have been to CAB and they wrote and phoned JD Williams telling them to remove my number from their system as I am not the person they want. They were told (CAB) that my mobile number would be removed and I would receive no further calls from them in future. However, not so as I am still getting these harassing and often abusive calls, even this morning I have had two more calls from JD Williams Group asking for this guy again, I asked for their head office address and they just told me to get it off the internet!!!! I then asked for an email address for head office and again they refused to give me it and asked me for my name, address, dob etc etc, which I refused to give them. so really don't know what else to do.

 

Mazzy

[Nagasis]

Do you have a copy of the letter they sent CAB?

 

It maybe worth writing to their solicitor Stephanie Beat outlining the harrassment and include copies of letters you have sent and if you have it the letter they sent to CAB. Tell her that as you have informed them and they have acknowledged that they have the wrong telephone number their actions are contrary to the Protection from Harrassment Act 1997 and a claim if you so choose can be brought against them under Section 3 of the Act in that they knew and ought to have known their actions amounted to harrassment.

 

Also include a Section 10 Notice

 

S.Beat - Solicitor

J D Williams & Company Limited

Griffin House

40 Lever Street,

Manchester,

M60 6ES

Edited January 22, 2010 by Nagasis

[Mercury_Princess]

Hi again,

 

The CAB only phoned J D Williams Group and have not written to them, so I do not have copies of any letters I'm afraid. I have received a further 8 (eight) calls/texts in last two days from "Home Shop" at J D Williams asking yet again for this bloke, and no amount of me telling them I am not that person is doing anything to stop these calls/texts.

 

I am in the process of writing a letter of complaint to the solicitor Stephanie Beat, but you said to enclose a section 10 notice, I don't know how or where to obtain one of these and have looked it up on google but cannot find anything, can you help? These calls are really getting on my nerves and practically making my life hell, if this solicitor doesn't do anything I don't know what else to do.

 

Mazzy

Edited January 24, 2010 by Mercury_Princess
spelling mistake

[Nagasis]

Hi again,

 

The CAB only phoned J D Williams Group and have not written to them, so I do not have copies of any letters I'm afraid. I have received a further 8 (eight) calls/texts in last two days from "Home Shop" at J D Williams asking yet again for this bloke, and no amount of me telling them I am not that person is doing anything to stop these calls/texts.

 

I am in the process of writing a letter of complaint to the solicitor Stephanie Beat, but you said to enclose a section 10 notice, I don't know how or where to obtain one of these and have looked it up on google but cannot find anything, can you help? These calls are really getting on my nerves and practically making my life hell, if this solicitor doesn't do anything I don't know what else to do.

 

Mazzy

Section 10 notice below

 

Their address

 

 

date

 

 

Your reference................ .......

 

 

Legal notice under the Data Protection Act 1998

 

 

To; The Data controller/compliance Manager.................. .................

 

 

Dear Sir/Madam,

 

 

Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1998

I demand that you cease processing of my Data by any means whether written or electronically,with third party individuals and

organisations.In addition to processing,this also means passing,ammending,sharing ,and management in any form of my Data in whatsoever filing,both manually or electronically.

 

In compliance with the Information Commissioners guidance,I give you 14 days to comply with this request.

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.

Specifically because;

 

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files,which relate to unfair charges currently in dispute,and found by the Office of Fair Trading to be unfair.You can also add other stuff here as is applicable

 

(ii)That recorded defaults on my credit files by yourselves are in dispute.

 

(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

 

(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.

 

(iiii) That the adverse data you continue to process,manage and pass on to third parties impedes my ability to apply for credit,mortgages or other financial services.

 

(iiiii)That as a data controller/compliance officer,you have a responsibility under the Data protection act to observe all principles set out therein,within the act.

 

 

I expect an acknowledgement of your intentions to comply,and if you do not agree,your reasons for being unable or unwilling to do so.

I will give you 14 days to forward this to me in writing.

 

 

Under the Data Protection Act,a County Court has the powers to order compliance of any breaches it sees fit,together with compensation,at the discretion of the court.

 

Should you fail to comply,or give just and reasonable reasons as to why you will not comply,I will consider making an application to my local Court on notice to force compliance,together with costs and compensation.

 

Yours Faithfully

 

 

XXXXXXXXXXX

Also, an idea is if your are a bt customer get BT Choose to refuse. I know it costs £3 ish per month but it allows you to block up to 10 numbers from calling. Give them a call. It has no contract or min period so you can have it for as little or as long as you want. I have it. its bliss http://www2.bt.com/btPortal/application?origin=mb_product_atoz.jsp&event=bea.portal.framework.internal.portlet.event&pageid=mb_pns_catalogue&portletid=mb_pns_catalogue&wfevent=link.Product&com.bea.event.type=contentclick&oSiteArea=mb.corp&oPJsp=mb_product_atoz.jsp&oPt=mb_pns_catalogue&oDocumentId=products/choose_to_refuse.xml&oOJsp=mb_product_atoz.jsp&oPg=mb_pns_catalogue&oDocumentType=Product&siteArea=mb.corp&PorS=products&productDetail=products/choose_to_refuse.xml&contentType=Product Edited January 24, 2010 by Nagasis

[Mercury_Princess]

Hi Nagasis,

 

Thanks for the section 10 notice, much appreciated indeed.

 

I am not with BT and the scumbags are calling my mobile not my landline number, I cannot turn phone off as I work shifts and am on call plus I have kids at school so need my phone on. I phoned my network supplier and was told two things, I can block incoming calls (not convenient for above reasons) or I can contact the police and report nuisance phone calls, did that but was told as JD Williams are a company using various different mobile numbers to call me the police cannot trace/block the calls only individual numbers. arghhh!!!! this is really doing my head in. I even bet that solicitor doesn't reply to me. had 2 calls already this morning but I just hung up once they asked for this bloke.

 

Mazzy

[Nagasis]

Hi Nagasis,

 

Thanks for the section 10 notice, much appreciated indeed.

 

I am not with BT and the scumbags are calling my mobile not my landline number, I cannot turn phone off as I work shifts and am on call plus I have kids at school so need my phone on. I phoned my network supplier and was told two things, I can block incoming calls (not convenient for above reasons) or I can contact the police and report nuisance phone calls, did that but was told as JD Williams are a company using various different mobile numbers to call me the police cannot trace/block the calls only individual numbers. arghhh!!!! this is really doing my head in. I even bet that solicitor doesn't reply to me. had 2 calls already this morning but I just hung up once they asked for this bloke.

 

Mazzy

 

She will reply to the section 10 notice if she disagrees with it, however as you don't even have an account with them she 'should' have your details removed quite quickly. - don't laugh I said 'should'.

 

Ps . they called you on a sunday? You should keep a complete record/log of all calls. Also, did you get any kind of reference from the police?

 

 

I would also point out to her in your letter that if she does not halt the harrassment you will personally contact

Alan White,

Chief Executive

Tel: 0161 238 2202

N Brown Group plc

Registered Office:

Griffin House

40 Lever Street

Manchester

M60 6ES

 

and make a complaint directly to him.

Edited January 24, 2010 by Nagasis

[Mercury_Princess]

Hi again,

 

Many, many thanks for the info, again much appreciated.

 

Yes, the scumbags phoned me altogether 7 times today (Sunday) I have kept a log of the numbers they have called me from, thing is though, when I do answer the phone the D-Head of a caller asks me for my account number yet they are phoning me duh!!!

 

When I then hang up, they immediately call me back from another mobile number and get stroppy with me. this is getting really tiresome as well as weird.

 

Police have told me to keep diary sheets of all calls, the numbers they came from and what was said in them, which I am doing and I have contacted my mobile network provider asked them if anyone else could have had my number in the past or whatever but am told this would be impossible to track, had this mobile phone for about 6 months and been getting these calls/voicemails/texts for four months, I am going to include these numbers in my letter to Stephanie Beat too.

 

Thanks again

 

Mazzy

[woodshed]

This is the telephone number of J D Williams Head Office - this is actually answered by a real human being!

0161 2382000

I suggest that everyone who wants to complain BOTH writes to them and their solicitor as shown in previous threads but ALSO phones to complain - let's jam their switchboard and see how they like a taste of their own medicine!

[Sophie-Jane]

Since I have been away for such a long time, things have changed on here, so Sorry if I have posted this in the wrong area, please advise..

 

Right, I have been called on many occassions by 0800 0728401

 

Its an automated dialer, when you call it back, It says you were called by the N Brown retail cataloughe group, then says someone will call you back, and then hangs up

 

I have done some research, and it appears to be from J D Williams, and it was confirmed when I contacted their head office, and also when I called 0870 6033 603

 

Today was the last straw, finished work and in bed by 6am, (Yes silly time I know) but someone has to work nights, and thats me, and yes, I could of switched my phone off, but I cant, I have children with the EX.

 

But I was woke up at 10:23 to be precise, mid way thru a good sleep, and that has really bugged me now, esp since I am back here

 

So I have drafted this letter up, please advise if I need to change it, but the threat of action in courts does tend to scare them away, like it used to scare me

 

 

 

FINAL WARNING

COURT ACTION PROCEEDING

72 HOURS TO COMPLY AND RESPOND

Dear Sir / Madam

 

Having contacted your offices on numerous occasions to inform you that you are committing an criminal offence by contacting my Landline number 01480 ******, I am now informing you officially of my intention

 

The action which I will be taking will be – Harassment and distress, and I will be suing your company for calling me with an 0800 0728401 – Automated dialler – N Brown Group,

The offence consists of nuisance phone calls on numerous occasions, as I work nights also, being woken by a call at 10:30am, is not a suitable time to be woken up by anyone, especially an automated dialler call, where nothing is said.

 

I have evidence to provide at court that you have made such calls, and if they do not stop within 72 hours of receiving this letter, each and every call will be logged and charged at the rate of £100, and also I will be claiming a sum of £2000 for distress and harassment caused.

 

This action taken by myself will be vigoursly defended in court with evidence to back every stage of action that I have taken and further evidence which I hold against your company, which will be available in court proceedings.

 

Therefore may I suggest that you remove my number and cease with immediate effect, you have 72 hours to comply, and to write confirming that action has been taken to stop your automated dialler, so not to cause further harassment and distress, if no confirmation has been received and the calls do not stop within the 72 hours, I will have no alternative but to start court action.

 

Court action will commence 30th September 2008.

 

The phone number given is for finding and removing from your systems, not for any other purposes, you may not contact me by telephone for any reasons, and such breach will result in Data protection act infringements, and further court action being taken for such breach.

 

 

 

Its all thanks of this site, that I have become a fighter of my rights, and now I have settled into my home, I am back fighting again

 

Thank you CAG xx we love ya xx:)