Kays Catalogue agreement

[romany]

Hi cerberusalert

Sorry i don't understand:confused:

[cerberusalert]

Sorry I should have explained, but I think that there may be an anomaly with your agreement which I think comes under 'unfair terms & conditions'. I mentioned the clause in question in another thread & someone quoted the above case law, anyway I've asked them to have a look at your thread when they next login & give an opinion.

[romany]

Thank You for the reply, any help will be greatly appreciated.

Chris

[romany]

Hi All

Kays phoned today, extremely rude by the way, but they changed their tone when i told them i was recording the conversation, i told them that all further contact should be made in writing or continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

Printed the last part out so i knew what to quote them, had it from this site. Has anybody had any time to look at my position?

 

Thank You

Chris

[romany]

Hi All

Sorry for all my post's, do you think i should send them a letter saying a photocopy of the agreement is void as it is not a true signed copy and i have serious issues with the signatures and dates??????, also do the 12+2 days cover weekends?

 

Thank you

 

Chris

[romany]

Me Again, Sorry, is there a template letter i can send to Kays as a follow up to kays responce? Please

[IdaInFife]

They would really only have to produce the actual original if went to court as you are asking for a copy:

 

looking at your scans I would say copy2 is ok but the other 2 are not as these are not signed by you.

 

To be honest I am not really sure what route to take (still mulling it over).

 

were the payments /amounts cleared in copy 2 and the balance is for other things ordered? or does amount due include copy 1?

 

 

Ida x

[romany]

Hi Ida

 

Looking through my statements Copy 2 was paid for, the balance is for other things ordered, well their 12+2 days are up, but how would you define a True signed copy, i am really stumped here, and why would they send me your copy please sign and keep?, looks like another visit to the citizens advice again:confused: .

 

Thank you all

 

Chris

[romany]

By the way they have also failed to produce other documentation and a full breakdown of the account including any interest or charges applied,am i right here?

 

Chris

[romany]

Please could someone point me to any information regarding a Subject Access Request, also if possible any links that could help me out in my situation with kays, i have more serious issues with my wife's illness to contend with, and this is taking it's toll on me, I really do appreciate the help on this forum and will continue to do so, like so many people in the same position as myself that are unsure of legal issues that could benefit them when up against companies like Kays, this forum is a giant help for the little people.

 

Also I do apologise for my continued pestering for help

 

 

Thank You All

 

Chris

[IdaInFife]

sar

Data Protection Act 1998

Subject Access Request

Dear Sir/Madam

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,

 

print but don't sign your name

 

i think this would be the best way to go rather than showing you have re the badly forged signatures. get everything they have and then can decide on how to proceed

 

Ida x

[IdaInFife]

what i would also would do if you have a spare 5 minutes and go to your local police station and ask to speak to someone in their fraud department.

 

just explained that someone (who probarbly works for Kays ) has forged your signature , take the cca's with you and a couple of other things to show your true signature and ask if you could just file a report so you can get a crime no

 

ida xc

[romany]

Thank You Ida !!

I will sent the letter next day delivery on monday, i will also vist my local Police station, i will let you know the outcome.

 

Thanks Again

 

Chris

[keefyboy]

Hi Chris

I can't advise you on what to do, but after reading through your post, I had to point out things I have noted from the letters you have received from them.

None of the dates tally up, unless you are in the habit of leaving it a year between signing the forms.

1/ Date opened = 13/12/03

2/ Credit agreement = 12/01/04

3/ Your Copy = 17/02/04 (possible 2 is changed from 1)

4/ Section two form = 17/01/04

 

( when I worked for the police I was trained to look for differences in dates and signatures, often changed on CarInsurance documents).

 

Also NONE of the signatures are the same, nowhere near the same.

 

In my opinion I beleive they have falsified the documents

and none of these are the true copy of the original agreement.

 

In answer to your question about the two different addresses you have, the first is the Arrears dept for Kays Catalogue, and the second is the address for "Shop Direct Home shopping Ltd "

The second are the OWNERS of most of the catalogue companies, Littlewoods, Kays, etc etc so it doesn't matter which address you use for correspondance to the arrears dept as they all go to the second one anyway...

I know what these companies are like as I have arrears with Littlewoods and Gratton and they are relentless but just keep going, pay them a token payment each month as you have been.

 

Good luck my friend

Keith

[romany]

Thank you Ida and Keith

 

I would like to add a section to the letter explaining my concern about the signatures and dates, do you think i should? or shall i leave this out?

 

Thanks Again

 

Chris

[keefyboy]

Chris

I personally at this stage would not mention it, keep it back as ammunition for later if it's needed for the court, because it will not look very good for them if and when they have to produce it for a court case for their defence.

 

I would also do as Ida said, go and report it at the Police Station, MAKE SURE you get a Crime Reference Number for it, you may have to report it and then wait a week and phone up to get the CRN as it has to be allocated it normally by the (what I call, the Upstairs staff) office staff and is allocated for an officer to deal with it.

 

DO NOT GET PUT OFF BY ANYONE saying its not important enough, its FRAUDULENT and a crime has been commited and this is going to by really Frowned upon in court.

[romany]

Cheers Keith

Will be sending the letter tomorrow Special Delivery,had this letter today, they keep sending me these and adding charges, even when they haven't contacted me, very annoying:mad:

 

[url=http://i598.photobucket.com/albums/tt67/romany1968/arrearslettercopy.jpg][/url]http://i598.photobucket.com/albums/tt67/romany1968/arrearslettercopy.jpg

 

Thank You

 

Chris

[romany]

Hi all

I sent my Subject Access Request letter special delivery on 24/2/09 waiting to hear from them on that one, in the meantime i have received this letter this morning, they keep adding charges, £12 for a debt collection letter fee

 

http://i598.photobucket.com/albums/tt67/romany1968/default1.jpg

 

Thanks

 

Chris

[romany]

Hi

I received a letter from Kays on 4th march saying thank you for the subject to access letter, they are currently collating all the information and will contact me again shortly.

Today i received a letter from Nationwide debt recovery limited saying they have been instructed by their client Shop financial direct to act on their behalf in securing payment in respect of purchases made to kays.

 

Looks like Kays are having trouble collecting all the data i had requested so are trying a new tactic, cheeky:)

 

I will upload the images for you to look at asap.

 

Thanks all

 

Chris

[keefyboy]

y wife has a Littlewoods Catalogue,which we owe a couple of grand to, and were quite happy doing the agree thing and paying a few quid each month, then they sold it on to guess who "Nationwide Debt Recovery", and the have been a pain to say the least, so be prepared, you will get lot of letters from them wanting ore and more (they ain't got it off us though)

She informed me the other day that she NEVER signed any sort of agreement with them and still has the ORIGINAL UNSIGNED agreement here, and it is NOT signed...... So who is coming under the Moaners pen next I wonder....

[version302003]

Nationwide debt recovery are littlewoods in house dc. If the OH didnt sign an agreement then ask them for a copy of it

[keefyboy]

Hi Version

Yes that will be my 1st action, getting quite used to these no and have a couple more to do, but because of my failing sight and other medical problems I don't want to take too much on in one go.

 

We had a setback last month when Judge went against us with Citi Financial, two of us, I am still trying to get my head around the judgement, she heard it in November and stated she would give verdict mid January but didn't until end Feb and it was a bit of shock for us, we thought it in the bag.. you never know do you..

[romany]

I thought as much, they have a few in house dc's, i am getting used to these now, but surely they are breaking some sort of law, when i am in dispute with them, the subject to access letter has 40 days for them to get all the info i require, where do i stand, anybody know? or should i ring them and explain i am in a dispute with my kays account and will be only dealing with them until they produce my requirements???

 

Cheers Chris

[romany]

Hi all

 

These are the letters sent to me:

 

Kays reply to my subject to access request

 

http://i598.photobucket.com/albums/tt67/romany1968/kays1.jpg

 

 

Nationwide Debt Recovery letter sent a few days after the Kays reply

 

http://i598.photobucket.com/albums/tt67/romany1968/ndr.jpg

 

 

Could someone with more experiance than me, have a look at them and let me know what they think?

 

Thanks All

 

Chris

[keefyboy]

Chris

After you sent the letter to them for a True copy of the agreement, first or second tme, have you followed it up with the Default letter? Thats the one which states that they have not sent a true copy and the account is now in dispute.

 

I can't see any mention of it, or I may have missed it, on that letter it states that the are NOT allowed to pass it to a DCA as they are the people who hod the agreement,if you have sent that then then must be a breach of the CCA . anyone tell me different ??