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  1. He going to have a word with HR on Monday see if there is anything they are prepared to do. He has also looked at an EX160 form as he may be eligible for fee remission on the set aside as he only works part time and is a carer to his partner and gets Universal Credit for the family and 2 children, so there is every chance the £255 for the set aside may not apply. If the worst comes to the worst and he does have to complete an N244, what is the correct procedure for filling in the form, and can it be taken to his local county court?
  2. My son has spoken to his manager just as he is still at work and he in turn has just rang the training garage and spoke to one of the guys there, they said they often have to refer these things to court as a lot of people leave before the two year period expires. He doubts there is little they can do from getting it back from court as it’s gone to far even though it was a error In Sending it there, what they are willing to do is provide a letter supporting Him to help him set aside. with regards to the post he assured me he didn’t bury his head in the sand and he hasn’t received anything, he has genuinely had problems with not getting mail, there is a street with a similar name to his and they sometimes get his mail and he gets there’s. He hasn’t moved house recently either.
  3. Posting on behalf of my son. My son started a job with National Express as a bus driver several years ago, at the time his PCV training and test fees were deferred by the company for 2 years, if he remained an employee of the company for a 2 year period the training and test fees would be wiped and nothing would be due. However, he left his employment after 15 months as he was being bullied by management at the garage he was based at. He took up another bus driving job for Ring and Ride, my son had been at Ring and Ride for 7 months and he was sent a bill for around £550, which was a pro-rota amount of his training at National Express, however Ring an Ride went into administration after 9 months service. Following on from Ring and Ride, my son went back to National Express but was based at a different garage, he took the bill for his training into his new line manager and his manager said he would deal with it. However 13 months later after hearing nothing and believing the debt settled, my son got a letter from Marstons acting as HECO's dated 23rd January 2020, they intend to visit my son on the 3rd February 2020 to collect £810, the debt relates to training while at National Express. My son had no County Court papers arrive or no Judgement arrive from the court, he said he would have absolutely defended this as nothing was due, he has even spoke to his manager today and his manager said he took care of it and would provided himself as a witness to confirm this. My son wants to get the writ and the judgement set aside, and wants to be given the opportunity to defend this action as he believes he owes nothing and has a witness to confirm he owes nothing. His stumbling block is completing the N244 to get the writ and judgement set-aside as paperwork is not his strong point, and what court does he send the paperwork to, can he go to his local county / magistrates court to hand the paperwork in? The original court was Huddersfield County Court where judgement was entered. Is there anyone who can assist with completing the N244 and which court, preferably his local court he can take the paperwork to get this looked at urgently?
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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. A copy of the terms and conditions for the credit account are below. Between the asterisks... ********************************* Your Personal Account How it works Our most popular payment method is with a Personal Account. Every 28 days we will send you a statement and a payment slip by post. The terms applying to the credit we provide are detailed below Your statement shows: What items we've sent to you The payments you've made during the period Any outstanding balance Your minimum payment The date the minimum payment is due What it costs Credit Agreement Terms This agreement provides an ongoing credit account on the terms set out below and has no fixed or minimum duration. Credit Limit We will set your credit limit from time to time and will give you notice of it in writing. You can draw credit by using your account to place orders through or with us to buy goods and services up to your credit limit. For more expensive purchases we reserve the right to limit the amount of the purchase that may be charged to your account. Interest Most customers get our standard interest rate which is 24.99% per annum variable. The APR (Annual Percentage Rate) is 24.9% variable. Your interest rate and APR may vary depending on your individual circumstances and are subject to status. We may also increase or vary the interest rates and charges payable under your Personal Account Agreement. If you buy goods and services using your account and pay for them in full before the due date shown on your statement we will not charge interest on those items. If you choose not to pay in full before the due date, we will charge interest from the date we added the goods to your account. We will then calculate interest each period on the opening balance of your statement. This means that when we calculate interest we ignore any payments we receive during that period. If you buy and return an item and both transactions appear on the same statement, we will not charge interest for that purchase. We may from time to time make available promotional interest rates. If we do, we will notify you of the applicable promotional rate and the period during which the promotional rate will apply. Purchases and transactions made during this period (the "€œPromotional Balance") will be charged at the promotional rate of interest. We will tell you about any special terms which will apply to the availability of the promotional rate. We will apply the standard rates of interest to any Promotional Balance before the end of the promotional period, if you do not make at least your minimum payment by the payment due date shown in your statement at any time during the promotional period. At the end of the promotional period, the Promotional Balance will transfer to your standard account balance and the standard rates of interest will apply to it. We compound the interest (which means we charge interest on interest) and add it to the balance on your statement due date. This will make the annual percentage rate (APR) higher than you might expect from the figures above. We may vary the interest rate (or other provisions of this agreement) giving you at least 21 days written notice - see condition 11. Example: Total Amount Payable £450.44, APR 24.9% (variable) We base these examples and APRs on the following six assumptions that the law requires us to make : Your credit limit is £400. You order £400 of goods and services from us immediately at the start of the agreement. You repay the whole amount (including interest) in 12 equal monthly instalments. The interest rate stays the same. The agreement remains valid for the whole 12 month period. Both of us meet all our obligations under the agreement. The way our agreement works in practice is set out below. Minimum payment We will send you a statement every 28 days showing the minimum payment due and the payment due date. You must make at least the minimum payment unless nothing is due. Your minimum payment will initially be 4% of the total cash price of goods and services ordered using your account or £5, whichever is the greater. We re-calculate your minimum payment in the same way whenever you buy more goods or services, return goods to us or cancel any services. If your balance is less than £5 you must pay the balance. Your statement will show the exact amount of your minimum payment. Whenever we calculate your minimum payment or the interest to charge, we always round up to the nearest penny. If you fail to make at least the minimum payment and we or someone acting for us have to remind you, you will be charged a reasonable administrative fee - currently £12, see condition 7. If we have to take further steps to recover the money,we may also recover the reasonable costs that we or any collection agency have in recovering it. Missed payments If you miss payments, this could have severe consequences and make getting credit more difficult for you. It could lead to us getting a court order (a judgement) against you. This may result in securing the debt against your house, which may be repossessed. Withdrawing from the agreement You have the right to withdraw from this agreement without giving a reason. Your right to do this starts on the day after the day the agreement is made (or the date we confirm your credit limit, if later) and continues for 14 days (the "Withdrawal Period"). To withdraw you must notify us that you intend to do so within the Withdrawal Period. You can do this by telephoning us on 0161 386 2226 or posting notice of your withdrawal to: Account Management Team, J D Williams & Company Ltd, 40 Lever Street, Manchester M1 1BB. If you withdraw you must repay any credit that you used to buy goods and services from us without delay and no later than 30 days after giving us notice of withdrawal. The additional terms set out below are incorporated in this agreement. By entering into this Agreement, you consent to us sending communications and notices to you via any email address you provide to us from time to time. The emails will be sent in plain text and any attachments will be in PDF format. ADDITIONAL TERMS Parties This agreement is made between J D Williams & Company Ltd ('we' or 'us') and you, the customer. Terminating the agreement We may terminate this agreement immediately if you break its terms, but we must first give you notice under the Consumer Credit Act 1974. We may also terminate the agreement on two months written notice. You can cancel the agreement at any time, free of charge, by giving us one month's notice. You can do this by writing to us and repaying your outstanding balance in full at the same time. Suspending your credit We may suspend, restrict or terminate your right to credit at any time for any reason that we can justify as fair. If we do so, we will write to you to tell you before or immediately afterwards, unless the law says we do not have to - for example if doing so might stop the prevention of a crime. Difficulty paying If you have difficulty making payments, you should contact us as soon as possible to discuss a payment arrangement. If you experience financial difficulties and have two or more J D Williams personal credit accounts we may, if you agree, join the accounts into one to make repayment easier. How we use your payments We apply the payments we receive in the following order: Payment of all administration charges shown on the latest and any previous statement. Payment of all credit charges shown on the latest and any previous statement. Payment of all payment protection insurance premiums shown on the latest and any previous statement. Payment of the purchase price of all goods and services shown on any previous statement. Payment of the purchase price of all goods and services shown on the latest statement. Debiting your card; continuous payment authority Whenever you and we both agree, you authorise us to take payments due from you by debiting the card you provided at the time, which will allow us to draw the agreed payments directly from your bank account. This will work up to the date of any other payment arrangement you and we agree or until you cancel the arrangement (which you can do by contacting us). The amounts we will take in this way will be the minimum payment due from you, or the amounts we agree with you at the time if you are making reduced or alternative payments to pay off any arrears. We will let you know if we cannot take any agreed payment in this way. If your card issuer refuses payment, we will not request any further payments until we have spoken to you. We will never insist that you set up a continuous payment authority as a condition of us accepting lower or rescheduled repayments. We offer you a continuous payment authority as a payment choice. We will cancel the authority on request. Fees and charges If you fail to make at least the minimum payment (including if any credit or debit card payment is rejected, any cheque you use is dishonoured, or a direct debit is not paid) and we or someone acting for us have to remind you, then we may make a reasonable administration charge. The current charge is £12.00 but this may change. We will give you reasonable notice of a change. If you make a payment via a Payzone or Post Office outlet using the barcode on your statement, we'll charge a £1 fee. If you use the giro slip when paying at the Post Office, we'll charge a fee of £2.75. Payment arrears If you fail to make any payment when it is due, we can require you to pay the whole amount you owe us immediately after serving the notice required by law. If you fall into serious arrears we will consider making other arrangements with you. Buy now, pay later From time to time we may invite you to purchase goods and services with the option of deferring repayments in a buy now pay later deal for a specified period ("BNPL"). Under this option we charge interest from the purchase date and add it to your statement balance each period. You need not start paying for those purchases until the date we give you when we invite you to use BNPL. Your statement will show the exact amount of any minimum payment we still require. You are free to pay off the balance sooner if you wish. It will cost you more if you use this BNPL facility as we still apply interest. In some instances we may not charge interest on BNPL purchases. If so, we will let you know about this when we invite you to enter the scheme. Allowing you not to make the minimum payment After giving you written notice, we may from time to time allow you (if you wish) not to pay the minimum payment shown on your statement for the period we specify. If we do this, we will continue to apply credit charges under this agreement. Our right to vary the agreement We reserve the right to vary any part of this agreement (including the APR, interest rate(s), charges and regular minimum payment) at any time by giving you at least 21 days notice in writing. We may vary this agreement for the following reasons: Changes in the cost of providing the service Changes in the cost of funds or base rates Changes to law, regulation, or other external factors that may affect you Changes needed to operate our business in a profitable and prudent manner Changes in the risk make-up of customers or the overall mix of fees and charges applied, or both Communication You agree that we may communicate with you (unless otherwise required by law) by telephone, postal or electronic mail to the address details you have provided in this agreement or which you otherwise provide. If you change any of the address details (whether postal, email or telephone) that you have provided to us you must let us have the updated address as soon as practicable. Legal matters If any part of the agreement is found to be legally invalid or unenforceable this shall not affect the rest of it, which shall remain in full force and effect. We may transfer all or any of your rights and duties under this agreement at any time to any body that holds the necessary authorisation. This will not affect your rights under this agreement including your legal rights. The law of England and Wales governs this agreement which is subject to the non-exclusive jurisdiction of the English and Welsh Courts. All communications about this agreement must be in English. If you have a complaint about this agreement and we cannot resolve it to your satisfaction using our own internal complaints procedures, you may be able to refer the matter to the Financial Ombudsman Service for independent investigation.Their contact details are 0800 023 4567 [email protected] and the Financial Ombudsman Service, Exchange Tower, London E14 9SR. Their website address is http://www.financial-ombudsman.org.uk. We are supervised under the Consumer Credit Act 1974 by the Financial Conduct Authority of 25 The North Colonnade, Canary Wharf, London E14 5HS. (Authorisation No: 311618) JD Williams & Company Limited, registered office, Griffin House, 40 Lever Street, Manchester M60 6ES. Registered in England No. 178367. JD Williams & Company Limited is authorised and regulated by the Financial Conduct Authority. YOU MAY PRINT OUT AND KEEP A PERMANENT COPY OF THESE TERMS AND CONDITIONS FOR YOUR REFERENCE BY CLICKING HERE ********************************* So 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.
  9. The Ombudsman is the best way forward especially in cases of administrative errors. I am in agreement for the time being your current address is unknown to both the council and B&S and that is the way you should keep it, you are under no obligation to divulge your address to make a complaint to the council. Simply email your complaint to them and request any response is sent back to you by return email address. Normally the complaints process with a council is a 2 tier complaints process, first you complain they respond, and if you don't agree you request them to look at the complaint again, if the 2nd response is unfavourable then you take your complaint to the LGO, some councils do require a 3rd line of complaint which is usually sent to the Chief Executive, Sandwell Council adopt this approach as I've been there and done it with them and ended up going to the LGO to get a favourable result. And remember you are under no obligation to disclose your address, communication can be done strictly via email. If they want an excuse just tell them you are of no fixed abode and are sofa surfing between friends, that way they have to communicate via email.
  10. Not a chance, I stay well clear of Continuous Payment Authority transactions. Although out of interest Barclays do now allow you to cancel CPA arrangements quite easily, my sister had an issue with Sky and they had set up a CPA on her Sky account, and Sky would not cancel the CPA without my sister agreeing to Direct Debit. However one quick call to Barclays and they sent out a form for her to sign and sent back and bang CPA stopped instantly leaving Sky very frustrated..... I believe if you go into a Barclays branch and sign the paperwork there and then they stop them right away.
  11. I've cancelled the arrangement and told PDCS if HMRC have beef with myself then the liaise with myself. In the mean time I'll send HMRC a SAR as we were only sent the alleged balance from HMRC in November 2016, its not an old debt by any means. I'll also send PDCS a letter and a copy of the SAR instructing them the account should be returned to HMRC and confirmation our arrangement is cancelled. In hind sight I should have known better to contact the PDCS, but my hubby is very wary of anything to do with the Inland Revenue, even DCA's associated with them.
  12. Hi all, I had a rather disturbing experience today and was wondering if the issue is widespread amongst DCAs. I contacted a company called PastDue, regarding a debt with the Inland Revenue. I'm not going to beat around the bush whether I owe it or not, because the fact is simple I owe it and it needs to be paid. I called to setup a payment plan and after going through income and expenditure my offer was accepted. However at the start of the call after confirming my details. I said to the agent I was recording the call which she said was fine, however she asked if she could add my mobile number which she said had flashed up on Caller ID, I replied and said what number my Called ID is blocked and she confirmed she could see it and read it back to me. I had definitely blocked my number and I tested it before I called with my landline and it came up Witheld. I asked her kindly not to make a note of it but she refused, I said if I wish for privacy then I should be entitled to it as I'm disabled and don't need harassment from DCAs. It took the efforts of a manager to remove it after complaining but still the manager could see the number on my call. I have since spoken to O2 my network operator and they have confirmed my number was blocked on the call and the only flag enabled was 1st line emergency services such as 999, 112 and 101. So guys has this been heard of before and what can be done about it as I feel my right to privacy has been invaded.
  13. I will get those requests sent off first thing tomorrow. Thanks for the help.
  14. Its early morning, small over sight, will get those requests sent off.
  15. The noodle .PDF files my son created state this account was opened on 29th June 2012, exactly as claim form.
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