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cheddar

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Everything posted by cheddar

  1. And surprise surprise the next lot of **** have it, got a phone call from Lewis yesterday and a letter today (dated 18th) asking me to pay the full amount (which has increased again) by friday or else. Sigh. I'll send the same letter and scan of JDW's letter as I sent to Freds but I feel I'll have to speak to JDW as they're surely the ones passing this on to DCAs when they said they would cease, hardly good practice?
  2. Well I sent that off any way, got a couple of threat-o-grams of Freds in the meantime. Oh and a phonecall at 9pm in the evening one day with someone demanding I give my personal details....yeah right, I asked for hers and she went very quiet. Got this today: "Please note we are no longer instructed in connection with this matter and have returned the account to our client" So we shall see how it goes, both the OC and DCA say they either have nothing to do with this nor will they chase it. Watch this space....cos I certainly don't trust any of them lol!
  3. Thanks guys, just wrote this out to send off today, will this be okay? I am in receipt of your letter dated **/**/2011. As you are aware, this account is in dispute with JD Williams and has been since October 2010. Please find enclosed a copy of a letter from your client stating that the account is unenforceable and I quote: "…we confirm that current collections activity will cease." Collections activity on this account must cease in accordance with your clients wishes. If collections activity continues, such action will be considered unlawful, vexatious and will be classed as harassment. I will also initiate legal action should activity continue and file reports with the Office of Fair Trading, The Financial Ombudsman, Information Commissioners Office and any other relevant legal body I deem necessary including the police. I look forward to hearing from you in writing to confirm that you are going to do as your client wishes. Yours faithfully
  4. Haha well guess what just came in the post? Letter from Fredricksons: "You informed us this debt was incorrect. We provided details of your dispute to the OC who say it is correct." Erm? It's not about correct it's about JDW saying they will no longer chase for the debt, in fact I quote: "we confirm that current collections activity will cease". Yet Freds are saying JDW have told them to pursue me for it....??? Oh and at the time of JDW's letter mentioned above the only collections activity on the account was from Fredricksons so it's not as if JDW are saying they won't collect, it was saying they agree they have no valid CCA, they know that they can't pursue me and will no longer do so! Ideas?
  5. Anyone? I have heard nothing back from JDW or Fredricksons (had to send them a letter referring back to JDW saying they had said no more collections). I will leave it for now but have heard nothing in the past month from anyone. Is a reply even needed here?
  6. Okay so I sent the next letter asking JDW for a physical or electronically signed agreement for this account and they have written straight back to me saying that they agree they have no agreement and that they will not be able to pursue me for the debt and will make sure all collections activity will cease immediately. They then say that although this is the case they will record this debt on my credit file which will make it hard for me to obtain any credit in the future (fine by me). Then end the letter with "Given the serious consequences of non-payment please can you confirm your intentions in writing?" What is it they want me to say? I've actually paid a fair amount off this since I last posted only to see Fredricksons magically slap about an extra £800 or so onto the balance, today I get a letter from the lovely Mr Carter as well threatening legal action and more fees. I would assume this has crossed over with JDW's letter. Any advice on how to reply or if a reply is actually needed at all? All I ever wanted to find out is if they could take me to court, I've actually never said I would stop paying completely....
  7. Hmmm, why is it all DCAs seem to write to me at the same time? In the past 48 hours I've had Fredricksons, Crapbot with a 8 year old debt that they said they'd never bother me about again and now Lowell have reared their ugly mushes with this one again. Was SB 5 months ago, they have sent me a letter saying they are entitled to my money and have attached the credit agreement I asked for....ROFL. SB letter will be sent off next week, don't learn do they?
  8. Hiya thanks I thought as much, I'll get a letter sent off asap.
  9. Soooo I'm back, wish I had the time I used to have to be on here but there you go. Okay, so things went a bit downhill with this. Very soon after my last post I was single and had no income, I informed JDW that I could offer £1 a month whilst I got sorted out. I was told I had to ring them to discuss this, I explained that was a no go and £1 a month and asked for bank details to set up a SO. I asked four times, got no reply, this was after they sort-of confirmed they didn't have any form of signature for this account. Anyway, I had a lot of things on my mind and as such a few weeks turned into a few months and I got a few letters in this time from JDW, went all head in the sand and most went in the bin. This week I see it's been passed to Fredricksons. I have already CCA'd JDW who sent blank agreements and one email states that when they find any form of signature they will send it to me, this was 7 months ago and I am still waiting. What's my next step now with Freds? Account in dispute? I am currently back with hubby who has been on JSA for a short while and is now temping but I can still only currently afford £1 a month after finding out that hubby also has a JDW account and that's now sliding as well, although not with a DCA. Any advice greatly appreciated and this thread might need to be moved now it's with a DCA?
  10. Thank you CitizenB, I thought the same, this person did seem to be answering in their own way then that section did seem rather lifted from elsewhere Well my agreement stands with them, if they did take me to court I'm sure a judge wouldn't be too impressed given my open communication and willingness to pay. Have this company (or any catalogue company) taken anyone to court ever?
  11. Bump - does anyone agree they have admitted it's not enforceable?
  12. Due to the wonderful help from members on this forum I was given some contact details for senior members of the N Brown Group who own JDWilliams etc and resorted to emailing them after continually being told I owed £20 and not £10 then subsequently ignored. I was contacted by a manager who is basically in charge of credit etc who has been more than helpful and very apologetic for the way I was treated and cleared everything up for me. I am still continuing to pay the agreement I made and more if I can afford it. I thought whilst I had this persons attention I would ask why when I asked for a signed copy or electronic copy of my agreement with them they gave me a blank application form and T&C's with no signatures on them. The manager came back to say they provided me with a true copy and that need not have any form of actual or electronic/digital signature. They then go on to say they have looked and cannot find anything with any form of signature on it but that the debt still exists. To quote: "a credit agreement clearly existed and credit has been provided to the debtor, but the debtor is not obliged to repay the loan due to the provisions of the Consumer Credit Act, this does not mean that there was no agreement in the first place. It simply means that there was no enforceable regulated agreement." I take this to mean they admit they have no form of signature and that they agree that it's not enforceable yet they're still happy for me to pay the smaller agreement that we came to? It's worded rather badly, either that or I'm not reading it right haha.
  13. Ah! Interesting, when I have a spare tenner I may SAR them. Other companies just seem to give up however saying they can't produce anything so makes you wonder if they always keep it. Thanks for clearing up the 2007 thing, think it's confusing a fair few people, doesn't apply in my case anyway.
  14. Thanks hun I'll have a read over, still confused as to why so many think it's 2007, I'll report back if I can work out why Having a think about it yesterday made me realise that the other companies probably don't have a copy even of this electronic signature hence their addmitance they can't enforce, I would think the same would apply here as JDW haven't mentioned it in my CCA request and also at the time of opening the account they said I had to sign a paper document and send back which I never did. I'm surprised the number of catalogue companies who give up, never enforce and don't take people to court seeing as they have this 2004 reg to support them, still all seems a bit odd... I am paying this however I do like to know where I stand ie if my debt is enforceable etc
  15. As far as I know simply opening an account with these types of companies means that you have been given some form of credit, if you decide to use it or not. they have obviously been underhand if as you say they have decided to put items on credit terms rather then BNPL, possibly an error by the operator or maybe a way for them to make some commission I have no idea. Sorry I can't be of any more help, it seems they are a law unto themselves.
  16. Oh I see wow 2004, been told it's 2007 well that was way off haha, least I know now! Wonder why they're being super co-operative, never seen them act this way before....and I wonder why they don't mention the online agreement at all when people CCA them? Is there a link to the regs that I can have a look at from 2004? Studio cards and another catalogue company virtually admitted they had no CCA bearing my signature and that was the same situation opened around 2005/2006 online no signature, if the online application is a valid CCA surely they would have sent that to me and still be pursuing me rather than advising me it's unenforceable? Also if an online electronic application can count as a CCA why don't they have to send me a copy of it? Surely they would have to supply it when I requested my CCA rather than sending me a blank CCA that could be anyone's. Catalogues seem to be in such a grey area when it comes to all this sadly.
  17. Also notice how they make people panic saying they will take you to court. Re-read the letter "we MAY take court action" in other words "we won't as we can't but we'll try and scare you anyway!". They're idiots.
  18. How did you place the order? If you have written confirmation of it that the BNPL applied to all items then you've got them by the short and danglies, although from my own recollection I think they force you to call if buying BNPL (how convenient for them eh?). As for a CCA I believe that after a certain point in I think 2007 that ticking the box to say you agree to the T&C's online can stand as a valid CCA with a catalogue company. Sorry I can't help much further but I hope you get some answers.
  19. You're right Ida, I did manage to get an email for RC so shall see what if anything they say. If not then I will escalate it
  20. After sending them an email asking what they're playing at I got some idiotic nonsensical reply asking ME for statements? Although they do say that I only have to pay £10 a month they are (I think) trying to say if you pay late then they want your next payment now...wtf? Waiting on a reply back...
  21. Well, well, well aren't I surprised. Despite being told TWICE in written format dated 25th November that they agreed to £10 a month starting on the 18th December 2010 which I duely paid. Then I get letters saying I haven't paid the £20 due, then another saying thanks for the £10 but you owe us another £10. Have sent another email asking them if they want to play games then I will pay £1 a month to make it easier for them if they can't deal with larger numbers. Idiots.
  22. Well I'll keep updating in the hope this helps someone lol Today got a letter from Reliable Collections Ltd who seem to use the same stationary, staff and address as JD Williams - I assume and think I recall correctly that they are their in-house collections department. They confirm the 1st letter and say that I can pay the £10 a month starting this month (I notice they dragged it out until a £90 credit charge was added pushing the debt to nearer £3k). They also contradict the first letter by not mentioning a 10% (which I was told to ignore anyway) and also by saying they will review this in 6 months whereas my letter from JDW says I have to contact them in 6 months. Nice to see that although working under the same roof they cannot agree on much. They do agree about stopping credit charges which was my main aim. Plenty of grammatical and some spelling errors in the letter too, seems they struggle when it's not something spat out by a computer. Makes me wonder how often they agree to these kinds of offers. Anyway seeing as I'll have 30 years of £10 payments I'm sure to let you know how this progresses, if I live that long haha!
  23. Oooh they have finally written back to me. They say that they will accept my offer of £10 a month and that they want me to contact them in 6 months time to reassess my current financial situation. They then say that there will be a separate letter to confirm this and it shows a 10% arrangement fee but I am to ignore that as they have waived it. They say they cannot see any £12 charges (they were there and now they have mysteriously vanished when I look at my online account as the balance has changed also). But then go on to say if I miss any of the £10 payments they will charge me a fee. They have also agreed to stop any further credit interest being applied! Hubby had to catch me as I nearly fainted. I thought JDW etc were big meanies? I seriously wasn't expecting this letter! Reckon they're trying to get anything they can out of me because they know it's unenforceable? Will be making payments on next pay day and am happy to do so even though it will take me 10 years to pay it back if my circumstances don't change but that's better than the 20+ years it would have taken me to pay back on the original agreement haha! Anyone else had them being this lenient?
  24. Thanks Fortunately this will be SB March 2011 so even easier to handle
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