Trying to cut a long story short as much as possible.

Hubby has 2 accounts with Jacamo and Fashion World (both trading as JD Williams)

In September 2017, he entered into a payment arrangement due to illness which will ultimately end up killing him.

Payment arrangement kept to next payment not due until February, or so we thought.

This morning he gets a letter from Lowell informing him both accounts have been sold to them.

He has spoken to Jacamo and raised a complaint with them and they have confirmed they have not issued him with a default notice as they are understanding of his illness, but a business decision was made to sell the accounts.

Now I know I am going to get shot down on this

but he made contact with Lowell to see what the hell was going on.

He passed them no information which could identify him,

he wanted to know why they are in possession of two sold accounts for which Default Notices were never issued.

JD Williams (Jacamo and Fashion World) admitted they didn't issue Default Notices, the telephone call for both conversations was recorded.

 my question is what now?

My husband has 2 debts which have been sold on without Default Notices.

And inside the letters from Lowell, is confirmation from each company the debts have been sold.

He is worried scared of what is going to happen, and while he knows these companies are powerless.

It won't stop them taking him to court or trying to destroy his credit file which is in quite good health..

.. It clearly states under the T & C they will issue a notice under the Consumer Credit Act.

Any advice most welcome.

they would be powerless if they were acting as debt collectors,

they arent,

they now own the debt and are likely to take action to recover the money.

Why, because they paid about 6p in the pound for the debt so it is worth their while suing for the whole amount.

What you need to do is work out what the actual real debt is after all incorrectly added fees and charges have been taken off the amount they say has been accrued.

Also check to see if interest has been added to these fees as they are not part of a credit agreement so dont accrue interest.

Now, the company that owes you this will be JDW so reclaiming these fees etc will absolutely negate the small amount of money they have received for selling the debt on.

Howeve, it is more likely that these amounts can be removed from the total that Lowells will ask for and thus reduce their unholy gains.

As for failing to default,

this is a fairly new tactic they employ to try and kid people that the Statute Barred clock hasnt started yet so they can trash your credit record for longer and take their time taking civil action if it has been a while since you make any payment.

You will need to do a SAR to JDW for all of their records so you can do your sums before Lowells kick off.

So tell us how much is owed,

when the origianl agreement was signed and anything else relevant such as what was agreed in the payment agreement,

how long that was kept to etc

well its happened

probably the best they've not registered defaults as now lowells cant either.

use our debt collection library

and send them the one that states £x for xxmts.

then just do it

Exactly the same thing happened to me today as well with a JD Williams account ( SimplyBe )

I had an agreement to pay monthly and it says on my letter they sold my account in December without a default notice to me.

He has pulled the CEO's email from CEOemail and sent a damning complaint email to the CEO of JDW, threatening to take his complaint to the FOS and passing on detailed evidence of his health condition which is a death sentence hanging over his head.

He said death can't come soon enough so Lowell get nothing, but said he will fight the good fight as long as he is here.

The bizarre thing was he didn't break his payment arrangement,

there is a payment due in 10 days time on the Jacamo account which the Direct Debit is still active on his online account,

and worse still his Fashion World account they took a Direct Debit on the day they sold his account,

the Directs Debit is still setup on that account also,

as is the Direct Debit's are still active on the 2 account which were not sold.

As he has 4 accounts in total, 2 which were sold and 2 remain in house.

So now in the mean time send JDW a SAR for all his accounts,

he might as well do it now,

he has 4 accounts,

should he send for all 4 accounts and if so will it be £10 for each account or £10 for all 4?

One interesting thing to note JDW could see his Withheld Number when he called into the call centre,

they have never had our new landline number which we changed just before xmas,

we have permanent 141 one the line and he tested it on his mobile before calling them and it came up Withheld on his mobile,

the agent said they could see his number when he refused to confirm his number,

the cheeky so and so even read it back on a call which was being recorded,

he said the number was absolutely never to be recorded or passed onto Lowell.

So what now,

should he argue the case with Lowell over the lack of a Default Notice keeping it all in writing,

he has it in a recorded call with JDW, one was never issued,

is it worth transcribing the whole 29 minute call in case he has his day in court?

Can a case even proceed with no Default Notice when an account has been sold, which I believe Lowell can't default him either?

And in the mean time wait for the SAR to come back and then raise hell with JDW with both a fee claim and a complaint to the FOS?

After seeing the post from @CC48 above this one, I bet there is a fair few more accounts JDW have just decided to sell onto Lowell.

Also is it also worth having a notice added to the Credit Reference Agencies that no default notice was ever issued,

and send them the transcript of the recorded call and evidence from the SAR that no default was ever issued just in case on is attempted to be registered later on.

Also is it worth asking for a signed copy of the Credit Agreement, or not worth it in this case?

@ericsbrother

The amount for the Jacamo account is £2414 & Fashion World £1347.

To be honest he is up to date on all his arrangements, even the ones that got sold on.

On the £2414 he pays £40.00 per month, and the £1347 he pays £20.00 per month.

He did miss Nov' 2017, but he was rushed into emergency surgery on his neck around the time the payment was due and I took my eye of the ball while he was in ICU kept in a coma to maintain his airway.

But the 1st of December 2017 I paid £120.00 on his online account which was more than enough to cover the missed payment and then they went on to take payment on the 5th December by Direct Debit of £80.00 in addition to the £120.00 I paid on the 1st December 2017,

no doubt the £80.00 consisted of the previous month of November 2017 which was missed and the current month of December 2017.

Then they pull a trick like this after depriving me of £200 3 weeks before xmas while hubby is in a coma for 5 weeks due to complications,

the consultants said if we are going to loose him its best he don't know how ill he is, hence the reason for keeping him in the coma.

Honestly I am so angry with what they have done.

you really need to tell him to calm down

theres no need to do any of that.....

so what they've sold the account

why is he SO bothered about 4 stupid cat account

they are lowlife credit.

its not as if you'll have to pay it when he;s gone.............mmmm

ONE sar is all that's needed PS

He even said that himself, he knows time is short, unless there is some miracle I can only hope for.

I think he want's some fun with these lowlife's, he is more bothered about me and the harassment and lifetime of eternity they will hound our mailbox with once he has gone.

I suppose he is at least doing some good while he is here, if not himself, but for others that these lowlifes lay on the vulnerable.

cancel the DD's now.

As the debts have bee sold on JDW are getting money they are not owed.

Also,

may seem callous but do you know the difference between a deceased person's estate and their chattels?

estate,

is money in bank,

shares and stocks,

property (not shared property where it is owned as a tenency in common)

certain works of art, certain " collections" (such as a number of vintage cars or a collection of rare books for example)

and jewellery of significance.

Chattels is

all his furniture,

clothing,

car and anything else he owns that is not covered by the "collections" bit of his estate

so a coin collection worth say £15k and gathered over time is not part of his estate.

Liability for Capital Gians Tax wil determine whether an item is a chattel or not

so buy a Ming vase a year ago for £50k and if it doubles in value then yes it is estate.

No debtor has call on anything that is not valued as part of his estate

there are certain bills that claim precedence,

you pay for your own funeral for example.

If he has no estate after working out the above then they cant get a penny.

Any estate worth less than £350k goes to you automatically

so again they dont get a penny if they try to claim after his death.

Yes I get what you mean,

there is nothing creditors could lay claim to.

We don't own property,

well we did at one point but the house was sold to the local authority under mortgage rescue about 3 years ago.

As my husbands illness meant he had to give up work we decided keeping the mortgage going was impossible,

so the local authority own the property now.

But he has sent the complaint across to the Chief Executive now see await what happens,

he has has also sent a SAR off to see what comes back.

What is the process of claiming the fees back and can they can be claimed back legally,

is there a spreadsheet what works out the interest which has been added to the accounts?

There probably isn't a lot of fees as he never missed payments, only the change in his health caused a blip.

Are they entitled to actually refund the fees to me or offset them on the accounts.

However in a call my husband made to JDW this morning there is an awful lot of customers who have had their account off loaded to Lowell,

JDW tried to assure me I wasn't the only one,

the indication was there is 1000s of poorly performing accounts which have been offloaded.

yes there is,

you need to read a bunch of other threads in this section to get an idea of what you have been charged.

You will need to calculate how much in fees and also how much interest has been added and then let them know you are after them for the money.

They are likely to deduct them from any outstanding monies as they are entitled to

but make sure you work out all of the fees etc for all accounts

and get them presented separately rather than bundle them together

as any monies refundable on sold on accounts cant generally be added to a different debt

unless you agree to it and TBH I wouldnt as they then lose twice!

https://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

cisheet

Well an update,

JDW have now sent the other 2 accounts out of the 4 which hubby had with JDW off to Lowell,

even after a complaint going in prior and a promise the 2 in house accounts would not be sold.

He has sent off a SAR to JDW for the 4 accounts and see what comes back,

I'm guessing he puts in a claim for the charges to wipe out any amounts they have sold the amounts on cheaply to bring as much pain as possible to JDW.

I'm guessing JDW owe hubby rather than passing this amount on to Lowell,

as Lowell are claiming they own the debt outright,

so in that sense hubby gets the money back in his pocket from JDW.

Also anyone finding themselves in my hubby's position be absolutely prepared to have all your accounts sold to Lowell, even if any arrangement you have with JDW to kept up to date.

They are sending up to date accounts with arrangements on them to Lowell claiming its a business decision.

Its wrong and there is something definitely not above board going on.

no its all quite std practice sadly.

I doubt you'll see any of the charges money and nor will lowells

but the spreadsheets correctly done

will most certainly make lowells think twice before issuing a claimform if they are that way minded

dx

Hubby has an account with Jacamo.

He was on a payment arrangement for ill health, had heart attack and other issues since. However none of the arrangements were met due to his deteriorating health.

Today he gets an email stating due to a system error in calculating interest rates more interest has been added to his account.

Is this even legal considering he is on a payment arrangement and ill with deteriorating health. Jacamo  say it’s an internal error in their systems which caused the rate error.

Any advice on this, I’ll attach the email later.

ive merged an old thread but i see this must be another jacamo account from 5yrs ago. 

sounds like a std letter sent to everyone.

why are you getting so upset?

dx