Special Collection - not so special!

[C&D]

Hello

I am not sure if I am posting this in the correct section or, if it is anything anyone can help with. Here is a little background info on my query (which I am dealing with for my nan):

A couple of years ago my nan brought two pairs of jeans each costing £9.99 from a company called J D Williams / Special Collection, she settled the account in full and thought that would be the end of it however i believe she then received a statement adding the interest on. As she hadnt paid the interest on time, they then added on a charge (£12). I believe they have been struggling financially and for whatever reason didnt pay it and the amount that 'The Special Collection' catalogue company say is now outstanding is £202.87! (expensive jeans!)..

I am wondering whether I can send the same letters that get sent to the banks when claiming charges back or whether I should be doing something different? My nan just wants the debt cleared and that be that but unfortunately she doesnt have the £202.87 to pay it off..

Any ideas or will she just have to pay it??

Thanks.

Carrie

[ecobabe]

no, she doesn't need to pay it. these charges are the same kind as bank charges. jd williams operate under about 4/5 different names and are tenacious, but reasonably easy to deal with. send a CCA request (in library in debt forum) along with £1 cheque or postal order. they will have to send you a copy of the original agreement and more importantly a statment of account which will show what payments have been made and what charges added. it's cheaper than a data protection request. then you will be able to deal with them

[C&D]

Hello. I am probably being thick but I cant seem to find the CCA letter.. would someone be able to send me the link please?

Sorry to be a pain!

C

[pmhcfc]

Originally Posted by C&D

Hello. I am probably being thick but I cant seem to find the CCA letter.. would someone be able to send me the link please?

Sorry to be a pain!

C

You can use this one:

To Whom It May Concern

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 postal order in payment of the statutory fee.

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

[C&D]

Excellent, Thank you! I will go and get a postal order tomorrow and get it signed by my nan and in the post..

C

[C&D]

An update:

Letter to Special Collection put in the post 1st class with a £1 postal order today - they should get that tomorrow...

[C&D]

Hello.

I'm after some advice if possible please.. I sent the letter to special collection on 20th March but the only thing my nan received back was a letter saying that she could pay £3.50 per month and that the interest had been lowered however on the same day she received a statement which was no different to normal...

There has been none of the information we requested sent back.. is there a chaser letter I could send or shall I make one up?

Thanks

C

[meg&mog]

hi all

my mum also has these on her back she is paying £1 per month but they are charging her £12 every month for the payment not being the full amount they call it "administration costs"

have cca printed and ready to go lol thanks guys

good luck for your nan keep at them

[C&D]

Hello.

Has anyone had a chance to look at my previous note?...

I'm not sure what to do next???

C

I'm after some advice if possible please.. I sent the letter to special collection on 20th March but the only thing my nan received back was a letter saying that she could pay £3.50 per month and that the interest had been lowered however on the same day she received a statement which was no different to normal...

There has been none of the information we requested sent back.. is there a chaser letter I could send or shall I make one up?

Thanks

C

[stormo]

Hello C&D, the letter you sent off was for the legal request for your nans agreement when she set up the account,if you sent it by recorded delivery you will have proof of sending it off,and you should be able to confirm receipt by going to the post office website and using the tracking service by inputting the receipt no into it.(its on the recorded delivery slip)

If you can do this then print out who the recipient was ok.

Then when this is done you can count off the calendar the 12 + 2 working days ( 2 days for postal allowances) so you sent it off on the 20th of march if then should have been received by them on the 21st the days start from 22nd till 9th of april (good friday) to allow for the easter weekend (and no post ) you should have got your agreement by the very latest 13th of march from which if you had no agreement then the account is in dispute and you no longer have to pay the alleged debt.
Then after another 30 days or calendar month the Company has committed a criminal offence by not supplying your agreement within the alotted time.

ps you are under no obligation to remind the company of the time deadlines they should know this

Hope this helps your nan

Regards S

[diskmandave]

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

There is no legal obligation to provide this.

Regards, Dave.

[djweeble]

Originally Posted by diskmandave

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

There is no legal obligation to provide this.

Regards, Dave.

Also, as the debt has not been passed on to anyone, and it's still with JD Williams, no such document will exist anyway.

Just a waste of a line in a letter realy, but no problem

[LAN01]

Another way to check receipt of the letter is if you have paid £1 fee by postal order there is a ref number on your receipt that allows the post office to let you know if it has been cashed. Just phone this number 08457 22 33 44 and quote the ref number to get confirmation it has been cashed.

[C&D]

Hi. Thanks everyone. I will see if my nan still has the postal order receipt - she is a bit scatty so I am doubtful! If she doesnt, should I send another request? (and this time send special delivery and a cheque so I can track it).
C

[C&D]

Hi.

Spoke to my Nan at the weekend and she doesnt have the postal order receipt anymore, I will therefore print another letter the same as before and send special delivery and keep the part of the postal order so I can track if they have cashed it.

If anyone thinks I should be doing something different, please let me know ASAP.

Thanks in advance.

C

[C&D]

Hello.

My Nan eventually received her statement from Special Collection...

Do I now just add the charges and send the same letter that gets sent to the banks when claiming back their charges or is it a different process?

Any help is gratefully received.

C

[C&D]

Hello

Has anyone had a chance to look at the above?

Thanks. C