Fashion World lack of info

[up2meears]

Hi everyone,

 

After a little advice please regarding Fashion World catalogue.

 

My niece sent a SAR to FW regarding my sisters account (she is acting as her rep with her debts as my sister is ill and unable to manage her affairs at this time) so that she could see the state of the account before making any arrangements to pay.

 

All she got back was a load of bumpf that wasn't very helpful so she sent another letter asking for a copy of the credit agreement and statements since account was opened in about June 2010.

 

She has received a reply saying that they 'do not hold any copies of the credit agreement for this particular account' and that they do not hold duplicate statements? - Would this be the case for an account only dating back to 2010?

 

My niece has said that the info sent with the SAR shows only 9 x £12.00 administration charges - 5 of which have been reversed but says as my sister hasn't maintained the account since she got ill in 2011 this doesn't seem right.

 

We're just wondering if anyone could offer any advice of what our next move should be please? The account balance is about £1200 and my sisters receiving threats of doorstep collectors, court and good old reliable collections (despite my niece being her representative).

 

Many thanks

Up2

[Bazooka Boo]

When was the SAR sent? Have they had their 40 day time limit to respond in full yet?

 

If not allow them the full 40 days.

 

If they have then send them a 'letter before action' informing them to fully comply with the SAR and send everything they have regarding this account, failure to do so will result in you reporting them to the ICO for not doing so.

 

As it is a poxy catalogue anyway, the maximum you need ever pay is £1 a month, but not until they have complied with your request.

[up2meears]

Thanks boo,

 

40 days been and gone

 

I'll help her get a letter together to send.

 

One more thing, she informed them that they had credited the £10 stat fee to the account and that this was not allowed as she'd written for SAR purpose only, they replied that this is standard practice and they will remove it from the account balance. Are they allowed to do this? should this practice be reported?

 

Thanks

Up2

[Bazooka Boo]

Yes that practice should be reported, (OFT&TS)

 

Their response that it is standard practice is a blatant lie, they thought they wouldn't get caught out!

 

Mark the letter "LETTER BEFORE ACTION" and send it recorded delivery, give them a further 7 days in which to supply all of the information regarding the SAR, before you will raise the issue with the ICO to investigate..

[up2meears]

Thanks again,

 

Thought that comment was a bit dodgy, will get lba sent.

 

Many thanks

Up2

[up2meears]

So, lba was sent last month, my niece received the standard we're looking into it response a couple of weeks ago and then today received this (addressed to my sister) dated 2nd July

 

Dear Up2 Sis,

 

We have made an appointment to contact you at your home on Wednesday between 6pm - 8pm (No date just Wednesday) If this is not convenient call our hotline.

Then right at the bottom of the page which my niece didn't notice til I pointed it out says:

 

Please note that in accordance with our clients trading terms an administration charge of £12.00 has been added to your balance.

I've told my niece and sister to ignore them and if anyone turns up to call the police as my sister is vulnerable due to her unstable mental health, but she is obviously very worried.

 

Just wondering how best it would be to approach this. Are ambiguous threats like this allowed? I'm assuming not but obviously want to get everything right for my sisters sake.

 

Many thanks

Up2

[Bazooka Boo]

Who sent that?

 

Urgent complaint to the OFT, ignore the clowns who sent this for the time being. Your advice is spot on if any such random stranger turns up uninvited.

[up2meears]

Thanks Boo,

 

Reliable Collections sent it, whom I am led to believe sit at the next desk to the FW monkey-drones

 

As I have a slight bit of experience with how these companies operate, I pointed out to my sister and niece that the return address on the envelope is exactly the same for both companies, and that their actions are purely to cause distress and intimidation. I've also managed to convince them that people rarely visit, if they do they're easily sent packing.

 

I will help my niece get a letter together for the OFT.

 

Many thanks

Up2

[Bazooka Boo]

I call them 'UNreliable' collections, as they are not very good at their chosen career..

[up2meears]

Morning all,

 

We have sent a letter of complaint to the OFT but have had no reply yet.

We have however received a response from FW regarding our complaint.

 

They have sent a Debt and Mental Health Evidence Form, to be completed by my sisters counseller and are asking for an I&E and a copy of benefit letter. Whilst all this can be done, are they allowed to demand this?

 

A letter from my sisters GP was requested last year and sent with an I&E (which was also requested) and now they're asking for it again despite being told circumstances haven't changed.

 

They have sill not provided the credit agreement or statements requested in the SAR. This is getting really frustrating because it's going round in circles and causing distress as we're doing all the running around and getting nowhere!!!

 

Any suggestions please

 

Many thanks

Up2

[up2meears]

After having a read of the letter and DMHEF form I decided to have a look at the MALG guidelines and from what I have seen it seems that FW are not following the guidelines as mentioned in their letter. I've read on another thread for a Jacamo cat the exact same line as in my sisters letter which says:

"It is our policy to request the completion of a DMHEF form (in accordance with the MALG guidelines) and we request that customers send it to us along with a copy of our customers up to date financial statement and confirmation of the change in circumstances i.e a recent copy of the benefits notification letter. We request that this be completed by a health or social care worker of our customers choice."

 

Here is the link to the MALG guidelines, am I looking at the wrong thing or should FW have included alot information and consent form?

http://www.malg.org.uk/dmhdocuments/GUIDE%20FOR%20USERS%20-%20CREDITORS%20V3%20Nov%2012.pdf

 

(I hope it links properly as I am useless with computers)

 

If somebody wouldn't mind having a look and giving me their thoughts before we respond to FW I would be very grateful.

 

Many thanks

Up2

[Bazooka Boo]

They have sent a Debt and Mental Health Evidence Form, to be completed by my sisters counseller and are asking for an I&E and a copy of benefit letter. Whilst all this can be done, are they allowed to demand this?

A letter from my sisters GP was requested last year and sent with an I&E (which was also requested) and now they're asking for it again despite being told circumstances haven't changed.

 

OK, YOU take back control of this, they are trying to take some sort of deluded authority over you.

 

Firstly, whilst in 'some' cases an I&E form maybe advantageous for the debtor, this is NOT a requirement and the ONLY person who can make such a request is a Judge.

 

As it is a request, you can refuse to provide the information.

IMO I would be inclined to send them your final response, and inform them exactly who calls the shots.

 

Dear Bill & Ben,

 

Thank you for your letter dated the dd/mm/yyyy the contents of which have been noted.

Your request for this information is refused as you have previously been sent the necessary documents at an earlier date.

I understand that this might not be the response you were expecting, however you can take this as my final response and any further correspondence will not be entered into.

 

You are reminded however that you have failed to provide me with all of the information requested in my SAR sent dd/mm/yyyy and received and signed by you on the dd/mm/yyyy. The ICO has been asked to investigate your failure to provide this information.

 

Regards.

[PRINT NAME]

[up2meears]

Evening all,

 

A letter was sent to fw regarding:

 

1. The visit letter from (un)reliable collections (as in post #6) - Their response 'To clarify, the letter received advising of an appointment to contact her at her home was in relation to an appointment to contact her by telephone to discuss her account and not an appointment to visit her at her home. This letter is processed via our automated arrears management system and as we are unable to change the account details to that of a third party all automatic statements and letters will continue to be addressed to her.

 

2. That they have already received a letter (which was requested by them) from GP plus an I&E - which was pointed out we sent as a matter of courtesy as we were under no obligation to do so - Their response, I have noted that you strongly objected to the completion of the requested DMHEF form, however, I would reiterate this information is requested to enable us to fully understand and assess the current financial circumstances so that we can make an informed and and fair decision.

I note that you also advise that an I&E was sent last year and nothing has changed, However I am sure that you will appreciate that in the last 12 months there has been several benefit reforms and therefore our request for the completion of an up to date I&E is not unreasonable in these circumstances and enclose a fin stat for your reference. I would again request that to enable us to consider your request that you forward a completed DMHEF and I&E provided in the prepaid envelope provided.

3. Request for statements since account was opened in 2010 - No mention of these - we are convinced these would contain hundreds of pounds worth of 'administration fees'

 

4. Copy of the credit agreement. - They have sent an agreement filled in by somebody else, not signed

 

We're not sure what to do next? I'm tempted to suggest the above letter from BazookaBoo (thanks for that Boo)

Should we forward a copy of the latest FW letter to the OFT as a follow up to our complaint (still not heard from them yet?) regarding their comments of the so called appointment letter? as it seems very ambiguous to me, and I too thought it was a doorstep letter.

 

Although the account was put into dispute until they send the info asked for (statements and credit agreement) FW have stated they will put the account on hold for 28 days whilst they wait for I&E and DMHEF form.

 

I know they are bottom of the barrel priority, but my poor niece is getting so stressed and we seem to be banging our head against a brick wall.

 

Please help, many thanks

 

Up2

[Bazooka Boo]

IMO, all they are doing is requesting this information, requests can be declined, you have told them that you're not going to provide this information yet they still seem to be intent on getting it?

 

Dear Bill&Ben,

 

Thank you for your latest letter dated dd/mm/yyyy, the contents of which have been noted.

I would ask that you physically read my response to your requests for all of the information you have asked be supplied, then read it again, and if you still fail to understand it pass it to someone who might.

 

You are under some belief that you yourselves will be making a decision as to what I will be paying you. This is not the case, I have made a reasonable offer considering my circumstances, if you fail to accept my offer then that is beyond my remit to change. I will advise you that this offer will not improve in the foreseeable future, therefore you are advised to accept what I am offering.

 

Your continued tactics to delay and frustrate my paying toward this are not going unnoticed, and will be shown to the Judge should you risk taking legal action.

 

The offer is there, take it or leave it, it is entirely up to you, but this is the amount I will be paying from now on, until my circumstance change. Your approval is not required, and no further correspondence will be entered into, this is my final response on this protracted and tedious issue.

 

Regards.

[up2meears]

Thanks Boo,

 

That's the gist of what I wanted to say, but didn't know how to word it - until now

 

Can I just ask though please, FW have had authority to only deal with my niece, can what they said about the automated threat letters still being sent to my sis be challenged? It's getting that my sis is scared of opening any of her mail?

 

Thanks

[Bazooka Boo]

To be honest, those letters are ALL computer generated, there is NO human input into them at all, less for the postman pushing them through the letterbox.

 

How it works is that your sis' details are put into the computer system, and the cycle of threat letters begins, one every two weeks perhaps, then once a week and then even more frequent until, it goes back round to the start of the threat cycle.

 

The ONLY time FW will know at what stage the cycle of letters is at, is when (NEVER!!) your sis rings them and say's "I've received a letter" they then look on their computer screen which will tell them exactly which letter and any previous ones she has been sent.

 

So no human input at all. If she is reluctant to open them then tell her to put them on the side and you'll read them, but in all honesty, they are computer generated and purely designed to threaten and intimidate, once this is realised then they have very little or no effect.