Kays Catalogue agreement

[cerberusalert]

No they're not, they are in breach of OFT guidelines & the CPUR's

[romany]

Hi Cerberusalert

 

Any advise on what to do, should I send them a letter explaining they are in breach of the OFT guidelines ? I am not sure what CPUR's is ? I am sorry for being a pest on this forum, like i said in one of my earlier post's I am unsure on what action to take, this forum as helped me get this far, I have had a look around the forum for a letter that would fit a suitable response from me , but have found none, there one other thing I would like to mention, in the reply I had from Shop Direct Financial Services regarding the signatures, they have asked me to post them either my Passport or Driving Licence , idiots !!!

 

Thank You Again

 

Chris

[cerberusalert]

 

Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT;

 

Debt collection guidance - Final guidance on unfair business practices - oft664

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

debtcollectionguidance@oft.gsi.gov.uk

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823

[romany]

Great Thank You!!!, should I still send a small letter to them explaining their breach to get them to stop sending me letters, while I wait for a response from the OFT AND FOS?

 

You are a Gem !!!!!!!

 

Chris

[cerberusalert]

Send them this;

 

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my request, 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,

 

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

[romany]

Hi Cerberusalert

 

I have sent them the letter, but I am continuing to receive default letters and charges from NDR, this concerns me greatly, would you know of a template letter I could send them as at the moment I am compiling all the correspondence from Shop Direct Financial, kays and Ndr to send to the OFT and FOS, surely they are aware that they have broken the law by sending me these default letters whilst I am in dispute with Kay’s, are they allowed to send me these even though they have said their have exhausted they complaints procedure and that their last letter was a final response, they also said if I was not happy with their reply I should contact the FOS, well that's what I am doing, but they are still sending default letters, slightly confused and P***** off about the whole scenario????

 

I was thinking of something like:

 

" Although you may have exhausted your complaints procedure, I have not, and I would be grateful if you would recognize the situation. You have not complied with my SAR request, and your reply letter to each question that was put to you was grossly unsatisfactory. You continue to send me letters, which breaks OFT guidelines. I am in the process of building a dossier to send to the OFT and FOS and I gratefully request that you do not contact me until you have received notification from the aforementioned bodies.

 

Any good?

 

Thank you for your help on this matter ☺

 

Chris

[keefyboy]

Chris, don't let it get to you so much. I know it is easier said than done, but this is one way that they try to get you to rop the case, because they lose money when you win. I cant suggest a template letter, but don't expect miracles of help from the FOS, they just seem to sit on the fence abit. I do wonder who supplies their money, financial companies ?

 

But just keep on, I have got to the stage with Crap1 that this is thei final leter, next one is notification of intended court proceedings. I have 2 running with them, one for me and one for the misses, but after I have won these 2 then I am starting on Littlewoods (the company that owns Kays and virtually all other catalogues) as my wife never signed an agreement with them, so we will see what they say to that.

 

But just keep your head up and say to yourself, "I am going to beat these so and so's (here, I am being polite to them), they are not getting away with this. Did you ever report the forged signatures to the police ? if so what was their reply.

Edited May 27, 2009 by keefyboy

[romany]

Hi Keefyboy

 

Can't help it mate, my wife is going back in hospital and these morons are continuing to send me these defaults, as i said in a earlier post my skills on consumer law are limited, this is why i need template letters to get the ball rolling, i am not giving up on this as they have broken and continue to break OFT guidelines, and as i am compiling all the evidence against Kays to send to the FOS and OFT it will take some time to do this also the waiting time for the FOS AND OFT to respond will be a bit more, saying that they continue to give me more evidence by sending me these defaults letters with charges on, as my wife is going back to hospital, i could really do with some head space, so this is why i have requested a template letter to shut them up until they have a response from the aforementioned bodies.

 

What really, really bugs me is that because they have said it was their final response letter they have thought that the dispute was finished and they can continue to send me default letters

 

I haven't been to the police yet as I wanted to go the distance with letters, but i will be informing them on the whatever template letter is suitable for a response.

 

Thanks !

 

Chris

[keefyboy]

Don't forget Chris we are here to support you as much as we can in any way or form, so you concentrate on your wife at the mo, she is the most important thing going on for you. I can not see them trying to take you to court as they are going to look very silly with the way they have ignored your previous letters and kept adding charges. They have quite blatently disregarded the law because they have got away with it for so long, now they are coming unstuck bigtime.

 

But as I say, ignore the letters for now, you have already told them of your circumstances, so you concentrate on your wife getting better and helping her, you can always put this on hold and come back to it later when things have calmed down. Good luck my friend.

Keefyboy

[romany]

Cheers, but i would still like to send them a letter so they know my intentions and time it would take for the response from OFT and FOS, then i could concentrate more clearly, obviously my wife's health is more important than these idiots.

 

Thank for your help mate

 

Chris

[romany]

Hi All

 

Hope you are all enjoying the lovely weather, has for the letter I would like to send, could some one have a look at below to see it is suitable?

 

Dear Sir,

 

Although you may have exhausted your complaints procedure, I have not, and I would be grateful if you would recognize the situation. You have not complied with my Subject Access Request, and your reply letter to each question that was put to you was grossly unsatisfactory. You have stipulated that you require proof of my identity/signature before you comply with my request, 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 legislation nor guidelines that you can hide behind in an attempt to avoid fulfilling my legal request.

 

You also continue to send me default letters and charges, which breaks OFT guidelines. And as I am in the process of building a dossier to send to the OFT and FOS I gratefully request that you do not contact me until you have received notification from the aforementioned bodies and would appreciate you informing your minions, Kay’s and NDR on this matter.

 

If you fail to respond to this letter, I will be lodging an official complaint to Trading Standards, My MP, and a complaint to Gareth Thomas - Undersecretary Of State For Trade And Consumer Affairs.

 

Yours

[romany]

Hi

Has anybody had time to have a look at my letter sample?

 

Thanks, and lovely weather to you all

 

Chris

[keefyboy]

Hi Chris

I have read your letter and to me it looks OK but please remember I am not in any way shape or form, leagally trained.

 

I had a bit of trouble with Capital One pulling this trick about proving who you are and wanting signatures, they stated that I had never told them of my change of address, well I blew it straight back in their faces as I had sent them a change of address on 2 occasions and the debt management comapny had informed them as well, so I said to them that they had already sent 6 plus letters to the new address and they had not checked the persons details (me) out before sending them, so therefore they were in breach of the data protection act.

 

Even more though when they sent me part of my SAR request, I was checking through all the manual intervention stuff and found an entry dated may 2008 changing my address details, so that blew their arguement right out the window.

 

If they do keep insisting on a signature, then send them a signature, but when you do make sure you have a line through it or something

I always do mine in RED ink over a blue pen (i still use a fountain pen) sometimes I make it a straight line, sometimes a wavy line, some times a pyramid line, always something different and try to use the signature method once, so if they do try and use a copy of it, you will know that it has been copied.

 

The wording you have used is not what I would have put, but even my "Speak as I feel method" is not good enough, so I always try and get someone with a bit more experience to check it.

 

sorry I cant help you more..

[romany]

Hi All

 

Had this letter today , if someone could help with my template letter I would be so ever grateful.

 

http://i598.photobucket.com/albums/tt67/romany1968/default-Kays.jpg

 

 

Thank You All !!!

 

Chris

Edited June 2, 2009 by romany
mistake

[romany]

By the way, a lot of the money in the balance is charges

[IdaInFife]

You letter is ok as it has the required element that cerb kindly posted.

 

Is the total amount that is allegdley due all arrears?

 

ida x