JD Williams aka shoe tailor

[carolbl]

I sent my initial letter to Shoe Tailor requesting statements. Today I have received two forms one stating "Data Subect Access Request Form" and the other "Proof of Identity", which needs to be witnessed. This is obviously a delaying tactic as all the information they required was in the initial letter.

 

My concern is who do I get to witness my Proof of Identity. I have only been living in this area for less than two years and in my job also for less than two years. For me to get someone who has known me longer I will need to travel 50 miles. I can get someone to witness my signature but what do I do if they come back and say that the length of time is not long enough. Is this another delaying tactic.

 

This company are charging me £40 per month because they dont get their money within 28 day period and I want this back.

 

Carol

[caro]

Presumably they are sending you bills or statements, so they know who you are and where you live. If they doubted your identity they should not be doing that I wouldn't have thought.

 

What is the problem with getting the money to them within 28 days? Is it because you can't afford it, or is it because you get paid after the payment is due. If it is to do with pay day, try phoning them and asking for the statement dates to be changed. If you can't afford it phone them and tell them the problem and try to agree a payment that you can afford.

 

Send back the forms, including their Data S.A.R - (Subject Access Request) Form, completed if you like, with a letter pointing out they are sending you bills so they must know who you are, or they should not be sending them to you or it would be against the Data Protection Act. Remind them that the 40 days to comply with your request started when they received your original request and payment.

[carolbl]

Now received the paperwork but the payment schedule only goes back to 2003 not 2000 when the account was started.

 

Got to send another letter now requesting the payment schedule back to 2000 as originally requested.

[carolbl]

Hi

 

Its been 14 days since I requested the paperwork they failed to send me. (As post above). I have still heared nothing.

 

Any suggestions on how to word a chasing letter.

 

Carol

[caro]

In the bank templates library there is a Letter Before Action for non-compliance of a SAR. See if that is suitable.

[carolbl]

Thanks for that, yes its perfect

[zootscoot]

I'm pretty sure that under DPA they are allowed to request identity, although asking for it to be witnessed may be going a little too far. Also a request for identity does not stop the clock provided you supply it within the timescale they should provide the info within the 40 days. It might be worth phoning the Information Commissioners to see their view on requiring witnesses.

 

Incidentally do you have an address and contact for Data controller with JD Williams?

 

Cheers

 

Zoot

[carolbl]

J D Williams Registered Address

 

J D WIlliams & Company Limited

Griffin House

40 Lever Street

Manchester M60 6ES

Registration Number 178367

 

I have sent a chasing letter

 

I received another bill today with £60 in charges added

[carolbl]

After requesting paperwork between 2000 and 2003 (they sent me 2003 to date) their reply is as follows

 

Unfortunately, due to the fact that we receive many hundreds of thousands of transactions each year we cannot keep records of all payments going back to the date you mention. Therefore, with regret, I have to inform you that we no longer hold the data you request. If you have a query regarding cheque payments your Bank may be able to assist although, again, the passage of time may prevent this.

 

 

Any advice would be appreciated

 

Carol

[caro]

As far as I know all financial transactions should be kept for six years under the Data Protection Act, so I think they could have a big problem here. I suggest you check this out with the ICO (Information Commissioners Office) and see what they say.

 

There is a letter before action in the bank templates library for non-compliance with the data protection act, so you could check that route out too. Seems you might need to estimate your claim and they will have no way of proving the accuracy of it. Someone else might be able to advise further.

[carolbl]

Thanks for the information. Letter in the post giving another 7 days to comply.

 

 

Carol

[caro]

This could get quite interesting.

[carolbl]

Watch this space

[dellydaisy]

Hi

I for one will be watching this thread as both shoe tailor and fashion world are on my hit list.

 

Just wondered as ive seen a couple of my older statements and all the charges i can see is service charge i presume this is for credit....

Is the actual late fee charges worded differently ??

 

Thanks and good luck x

[carolbl]

Hi

 

Looking at the statements that I have managed to keep, the way I see it is that if payments are made correctly and on time then no credit charge is made. Its when they receive payments late then they start adding charges. Mine are shown as Administration charge which are £17.50 its the interest that is racking up the charges thats shown as credit charge. Therefore if you dont pay anything then they charge both administration charge and credit charge. As I have refused to pay any money at all until they take off all these charges, my last statement for instance us increased by £61.27.

 

I had an agreement to pay £5 per month to clear the debt and although I was payment £5 they still added administration and credit charges. So I was paying £5 but the debt was increasing by roughly £40, whats the point of paying £5 to clear it.

 

Carol

[carolbl]

Their seven days are up today, nothing in the post. Looks like I will be issuing, Need to read up faqs to do this.

 

Carol

[carolbl]

Still heard nothing. Another issue at court

 

Carol

[gizmo111]

Still heard nothing. Another issue at court

 

Carol

 

If they haven't got your transactions then they have no chance of finding your agreement. I CCA'd the premier man bit of JD Williams and got a debt of around £800 written off.

[carolbl]

Sorry for being ignorant but can you tell me what CCA is, who is the premier man and how do I go about it.

 

Carol

[gizmo111]

Sorry for being ignorant but can you tell me what CCA is, who is the premier man and how do I go about it.

 

Carol

 

This is the letter that I sent - Premier Man are part of JD Willams.

As they could not supply agreement for friend they could not enforce it the time scales are 12 working days to produce agreement and then one month after 12 days have expired before they commit an offence and can be reported as such. They acknowlwdged to me that it was uneforceable and wrote it off.

 

Premier Man

From Sander and Kay

Griffin House

40 Lever Street

Manchester

M60 6ES

Dear Sir/Madam

Ref Account Number xxxxxx

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 cheques in payment of the statutory fee, Serial Number xxxxxx

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Yours faithfully

xxxxxxxx

 

[carolbl]

Thanks for that Gizmo.

 

Letter typed printed and will be posted tomorrow, recorded of course

[gizmo111]

Good luck -

[darling]

Good Luck with this I too am chasing shoe tailor/JD Williams and am having the same run around so I will be following this with great interest. Although mine has a slightly different twist.

[sam19677]

Hi following this thread with interest.I'm trying without success to get my list of charges ect from them. Just got of the phone with a philip harland data protection officer at jd williams. He told me that every claim they have successful defended and have never paid out a penny in unlawfull chargers. He also said that there is a lot of rubbish banded about about people getting any money back and that even if they did have to pay out they would only have to do it from august of this year when the new rules came in! Oh and he said I counld'nt have any info on me because catolouges dont have to keep any payment/charges information longer then a couple of years!

[sam19677]

Forgot to say he also told me if it got to court I would have to proof that the charges were unlawful NOT them!