Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

[Tools]

Just starting a thread (keeping it closed to posting until everything is in the correct order, dates may be wrong give or take a month )for an almost complete issue with Simply Be and Shoe Tailor mail order accounts. Both these accounts are with a company previously known as Candid Collections now owned by JD Williams & Company Limited.

They also use their own in house DCA`s known as Reliable Collections.

They relate to two closely linked clothing/footwear mail order catalogues.

The following posts will describe the story so far and I will add as and when I can.

The original complaint was for the refund of charges and unlawful interest applied to the account, but as you will see it turned out to be a bit more complicated than that.

I must point out to anyone trying similar that until quite recently payments were still being made to pay the outstanding balance and this was not originally intended as a "Debt dodge".

[Tools]

Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

Original letter sent to Simply Be for copy CCA`s as below

September 09th 2007

Candid Collections Ltd
Griffin House ,
40 Lever Street ,
Manchester .
M60 6ES.

Dear Sirs ,

Re:- (Credit) Agreement No`s:
GXXXXXXX Simply Be
And
KXXXXXXX The Shoe Tailor

I would be grateful if you would send me a true signed copy of these credit agreements.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a true signed copy of our credit agreements on request. I enclose a payment of Ł1.00 for each account totalling Ł2.00 , which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreements should be supplied within 12 working days.

I also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you and receiving true signed copies of both agreements.

Yours faithfully
Tools

[Tools]

Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

As expected no copy CCA`s were received so followed up with this letter.

January 27th 2007

Candid Collections Ltd
Griffin House
40 Lever Street
Manchester.
M60 6ES.

Re:- (Credit) Agreement No`s: GXXXXXX Simply Be & KXXXXXXX Shoe Tailor

Dear Sirs,
I refer to my letter dated September 09th 2007, a copy of which you will find enclosed.

You have failed to carry out my request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the September 09th 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under the relevant sections of the Consumer Credit Act 1974. In addition, a full statement of my account should have been sent to me detailing all debits and credits to the account from inception, along with any other documents mentioned in the credit agreement. Enclosed with my letter were two cheques each for the statutory amount of Ł1, which have already been cashed.

You are reminded that you are obliged to supply these documents by law.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. If the request is not satisfied after a further 30 calendar days, your company then becomes guilty an offence in law. These time limits have long since expired.

As you are no doubt aware, Section 78(6) states:

“If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.”

Therefore this account has become unenforceable at law and no further payment will be made by myself to the account until such time as the requested documentation is supplied to me.

I look forward to your reply within 14 days to resolve the matter amicably.

Yours faithfully,

[Tools]

Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

After the attached letter and supplied `true likeness` copy CCA`s I became sidetracked and shelved this claim until one year later...............still no sign of the requested actual copy CCA`s so restarted with this letter from where I left off. Rear copy of Shoe Tailor Scan on next post.

January 27th 2008

Candid Collections Ltd
Griffin House
40 Lever Street
Manchester.
M60 6ES.

Re:- (Credit) Agreement No`s: GXXXXXXX Simply Be & KXXXXXXX Shoe Tailor

Request for true copy of Credit Agreement under Sections 78 of the Consumer Credit Act 1974

I wrote to you on September 09th 2007 requesting a true, signed copy of any credit agreement that exists in relation to the above accounts (see enclosed).This is my right under Sections 78 of the Consumer Credit Act 1974 on payment of the statutory fee of Ł1.00. This payment was included as a cheque with my original request and has been cashed.

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these time scales is a criminal offence.

Both of these deadlines have now passed and I have received nothing in relation to my request. This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account.

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking.

On the advice of the Financial Ombudsman and Trading Standards, I am now requesting a final decision in this matter from you. Should this decision not meet with my satisfaction, then I will pursue the matter through the Ombudsman. The maximum time scale for you to give a final response to any complaint is 8 weeks. This time runs from the date of my original complaint, in this case that is the request for a true copy of the credit agreement. Therefore, as this time has already passed, I request that you provide me with a final response in this matter, including your proposed actions for this account, by return of post. I realise that you may wish to seek clarification of your position so I expect this to be no later than February 11th 2008, affording you a further two weeks.

Please note, you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Under the Data Protection Act I have principled rights in that

(Schedule I)

1. Personal data shall be processed fairly and lawfully.
2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes

(Schedule II)

1. The subject has given his consent
2. The processing is necessary –
a. For the performance of a contract to which the data subject is a party

The fact that you cannot provide me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. Incidentally, I cannot recollect receipt of the said documentation. If the documentation were to be produced as you are aware the default notice cancels any original terms and conditions and as such cancels any right to share my information without my consent.
There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this.

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

• You may not demand any payment on this account, nor am I obliged to offer any payment to you.
• You may not add any further interest or charges to this account.
• You may not pass this account to any third party.
• You may not register any further information in respect of this account with any of the credit reference agencies.
• You must remove the default notice you have placed on my credit file.

I look forward to your final decision on this complaint by February 11th 2008. This should include your proposed actions in relation to the lack of a credit agreement.

Yours sincerely

[Tools]

Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

Still insisting they sent a `True copy` they then sent the attached letter.

It made me laugh when I read it, in effect they were saying "we can still collect the money....erm but no we cant....erm but if you want you can pay it if you like"

At that point I decided to stop payments to the account due to other debts mounting up and causing financial difficulty ( not something I agree with but at the time needs must)

[Tools]

Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

Swiftly followed up with this letter back to them

February 18th 2008

Simply Be
Customer Contact Centre
23 Hunts Bank
Manchester
M3 1AX

Your Ref: - Simply Be account No: Gxxxxxxx
Shoe Tailor account No: Kxxxxxxx

Dear Ms Wagstaffe,

Thank you for your letter dated February 4th 2008, the contents of which are noted.

You state in your letter that you have enclosed unsigned and undated `true copies` of Credit Agreements originally sent out March 2004 and August 2001 respectively. I must inform you that at no time did I receive either of these agreements and therefore have never signed to agree the terms and conditions within them.

You give reference to alleged outstanding balances of Ł1586.91 and Ł46.16 respectively. I do not acknowledge any legally binding agreements relating to this and will be making no further payments towards it.

On the same accounts I have, as you say, previously made payments totalling Ł3063.90 and Ł481.53 respectively. A compounded interest rate of 29.4% APR was applied to the accounts where applicable. It is my contention that interest payments applied to these amounts were indeed collected unlawfully and without executable contractual agreement. I therefore give you notice that I seek repayment of said amounts. For your reference and clarity I enclose a schedule of interest payments collected and subsequent interest accrued thereon totalling Ł646.81 and Ł94.70 respectively to date.

I insist that you respond to my request for repayment and clarify your intentions within the next 14 days. Should you fail to respond positively before March 3rd 2008, I will commence litigation to seek recovery of this amount and any further costs incurred.

With reference to your comments regarding you reporting any non-payment to Credit Reference Agencies, enclosed with this letter is also notice of my intentions under Section 10 of the Data protection Act 1998.

If you are in any doubt as to what to do with this communication, I suggest you place it with your litigation department.

Yours sincerely



Tooly Wooly

[Tools]

Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

Then received three separate letters from Miss Ste` Beat

[Tools]

Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

Being a stubborn sod and not having any of her nonsense, I replied, now I was starting to enjoy this.

4th March 2008

Stephanie Beat
Solicitor For and on behalf of
JD Williams & Company Limited
Griffin House
40 Lever Street
Manchester
M60 6ES

Re: - Simply Be account No: Gxxxxxxx & Shoe Tailor account No: Kxxxxxxx

Dear Ms Beat

Thank you for your letter reference SB/DT/DP285 dated 28th February 2008 and previous correspondence, dated 15th February 2008, the contents of which I have duly noted.

To clarify, my position on the matter still stands as highlighted in my letter dated 18th February 2008. In the absence of a valid credit agreement relating to either account, I do not acknowledge any legal liability for the alleged balance outstanding. I note your confirmation that no attempt will be made to collect this sum.

Furthermore as no valid agreement to provide a charge for credit was legally executed, I reiterate my right to seek refund of charges levied pertaining to this. As such, having noted your assertion

“Please note we will not be making any repayments to you in respect of monies which you have paid in relation to your account.”

you leave me with no other course of action than to seek reimbursement by commencing litigation within the court system. As solicitor acting for JD Williams & Company Limited, I am sure you will no doubt be aware of your legal position regarding this matter.

I have requested true signed copies of any agreements relating to these accounts, which your client has failed to provide and it is my contention that no such executable agreement exists. Before I begin litigation I would like to express my continuing willingness to deal with this matter outside of Court in accordance with the overriding objective of the Civil Procedure Rules.

At this stage you have not indicated any valid grounds for defence as to your legal position or indeed any possible counterclaim. If forced to enter litigation I will be requesting evidence that such documentation exists under Civil Procedure Rules Part 31.
I specifically remind you of the provisions in Part 1 at 1.1(2). Litigation should be carried out in a "proportionate manner" and Civil Procedure Rules Part 32 at 32.19(1) & (2)
(1)
A party shall be deemed to admit the authenticity of a document disclosed to him under Part 31 (disclosure and inspection of documents) unless he serves notice that he wishes the document to be proved at trial.

(2)
A notice to prove a document must be served –
(a)
by the latest date for serving witness statements; or

(b)
within 7 days of disclosure of the document, whichever is later.
Furthermore, in addition to the amounts collected in respect of interest unlawfully charged currently totalling Ł653.70 and Ł95.70 respectively, any further costs or additional daily interest will be added to my claim until date of settlement, payable by means of a cheque or bankers draft payable to Tooly Wooly.

I thank you for confirmation that you have ceased processing my data for marketing purposes, with reference to my request regarding Section 10 of the Data Protection Act 1998. However you still insist that information relating to these accounts will still be given to third party Credit Reference Agencies. I must therefore remind you, if you continue to do so, I will seek damages for your actions of entering negative or default information based on an unenforceable agreement.

I therefore repeat my request that you immediately cease to pass any negative information to any third party Credit Reference Agencies. I have access to my records with the three major Agencies and will be monitoring any such activity very closely. Please note I insist that all negative information to be completely removed as a mere comment or correction will not be acceptable.

I trust you will respond to this, my final notice before entering into litigation, within the next seven days.

Yours sincerely

[Tools]

Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

Getting regular penpals now.

[Tools]

Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

Ahh well, have to give her 9/10 for effort so time for a compromise

28th March 2008

Stephanie Beat
Solicitor For and on behalf of
JD Williams & Company Limited
Griffin House
40 Lever Street
Manchester
M60 6ES

Re: - Simply Be account No: Gxxxxxxx & Shoe Tailor account No: Kxxxxxxx

Dear Ms Beat

Thank you for your letter reference SB/DT/DP285 dated 10th March 2008 the contents of which I have duly noted.

I acknowledge and accept your statement that “.....collections activities on these accounts will now cease” and would request that you confirm that no collection activity will be commenced at any time in the future.

With this in mind, and on the condition that any rights you have to collect on the above accounts are waived, I can confirm that I will discontinue any legal proceedings for recovery of interest paid in your favour, based on the premise that no executable Consumer Credit Agreement was ever in existence.

This is also on condition that you remove any defaults or detrimental information entered with any third party Credit Reference Agencies, within 28 days from the date of this letter.

I trust you will deal with these matters promptly to negate any further action being taken and to draw this matter to a conclusion.

I look forward to receiving your written confirmation.

Yours sincerely

[Tools]

Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

Call it a 50/50 split then shall we?

[Tools]

Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

And that was the last I would be hearing from them........................or so I thought.

Received notice that the debts may be assigned to one of several DCA`s namely
Moorcroft
Capquest
Aktiv Capital
or First Investment Limited

Attached are the assignment letters received for each account.

[Tools]

Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

I thought this was a little bit naughty of them so wrote back to remind them that they really should communicate with their own in house Solicitors. I think I must have talked with Ms Ste Beat more than they have over the last couple of years

30th June 2008

Simply Be/Shoe Tailor
Customer Contact Centre
23 Hunts Bank
Manchester
M3 1AX

Re: - Simply Be account No: Gxxxxxxx & Shoe Tailor account No: Kxxxxxxx
Your Ref:- CL38/xxxx & CL38/xxxx

Dear Sirs,

I recently received notice of assignment regarding the above accounts.

Whilst I realise that the letters are an auto generated template I suggest you contact your

Stephanie Beat
Solicitor For and on behalf of
JD Williams & Company Limited
Griffin House
40 Lever Street
Manchester
M60 6ES

regarding the above accounts and their current status.

Any further collection activity has been suspended and as such, any assignee attempting to collect on these accounts will be referred back to you.
Take Notice, should you continue to contact me, after replying to this letter, I will be forced to issue proceedings for harassment under Section 40 of the Administration of Justice Act 1970. I will also contact the Office of Fair Trading, the Financial Services Authority, Trading Standards and the Information Commissioners Office.


Yours sincerely

[Tools]

Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

Letter of reassurance that the accounts will be removed from their mailing lists this time from (un)Reliable Collections, JD Williams own in house DCA`s.

So that should be that then.................yeah rightmsl:

[Tools]

Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

Think again, another assignment letter received this time for just the Shoe Tailor account(will wait for the Simply Be one turning up again soon)

Soooooo...........that is the story so far. I ran a letter past BurlyKen earlier here it is for editing/ additions sugestions from anyone. Any input gratefully received.

Simply Be/Shoe Tailor
Customer Contact Centre
23 Hunts Bank
Manchester
M3 1AX

Re: - Simply Be account No: Gxxxxxxx & Shoe Tailor account No: Kxxxxxxx
Your Ref:- CL38xxxx & CL38xxxx

Dear Sirs,

Enclosed is copy correspondence recently made between your company and myself.

May I refer you to the paragraph in the letter from Margaret Gwyther that states;

“I can confirm that both accounts have now been removed and will not be assigned”

This clearly is not the case and as such as mentioned in my previous letter I will be looking to issue proceedings under Section 40 of the Administration of Justice Act 1970. I have already made initial telephone contact with the Office of Fair Trading and the Financial Services Authority to clarify my position. They have confirmed that you are in breach of the above act.

The Information Commissioners Office has also confirmed that you are in breach of Section 10 of the Data Protection Act 1998. It is my intention to seek damages, as is my right, under Section 13(1) of the Act.

Therefore, take notice that I give you 14 days in which to give evidence that all negative information has ceased to be processed and removed from your systems and that of your agents including any third party Credit Reference Agencies. I would also suggest you respond by return with a reasonable offer of settlement to prevent any future litigation, mandatory fines, costs or investigation from the relevant bodies.

Yours sincerely