nope it is defo not a typo. i have been defaulted on my credit file and to date it says still outstanding debt £1346. this is a debt from a bank for overdraft. however i did not have no overdraft. the overdraft they state i have had was on a basic bank account that had only a debit cad. no cheque and credit facilities at all. i had no direct debits on this account and the unplanned overdraft is from a purchase on a debit card that shpuld have been refused at the checkout if what they say is true, which is that i did not have the funds in the account to cover the payment. i have been charged up to £300 a month for this, fees, interest and so on. something which i havent paid in protest. when contected about this amount they offered to wipe only £150 as long as i paid the rest in full. no chance of that i am afraid. dx is right in a way as this is not a cca issue i got confused regarding this at the begining.

dx the debt is for an original amount of £15, the debt is now £1300 made up of charge after charge. i havent been reading too much crap at all. s.10 clearly states and proctects us in cases where defaults have been added to CRA's due to debts made up wholly or mainly by charges.

anyone???

signed

can anyone please confirm what the states and how best to use this section of the act. any credit company weather bank, loan company, credit cards, catalogues etc who cannot produce an enforceable cca, is it then true i can use this section.10 data proctection act to get them to remove my data from CRA's, close all files on my CRA record in relation to the cca not enforced and also force them to stop sharing my data with any third party (including inhouse debt agaents) in which they have to lawfully oblidge my request as there is no cca which in turn no debt so no CRA file. all factual help and experinces in this section great fully recieved cheers

hi thanks pookey, i dont know about ppi's i am afraid. from what i can make out, if you have sent a cca to jd williams, they have 12+2 to reply with either a legally signed cca that is enforceable or a letter informing of why they cannot provide this. after the 12+2 days, if you have not recieved a enforcable cca then, as far as i am aware you are legally entittled to stop paying without further notice until such a time they can provide a cca. at this point i would then write to them, i would say that i am not satisfied with the poor attempt to fulfill my legal request. i would tell them that i am not legally binded to any lawful cca which in effect means no outstanding debt. i i would also send a s.10 requesting them to give a detailed explanation of why they feel they have a legal right to share my personal data with third parties. i would then request that they immeditely stop sharing my data as there is no lawful reason as to why they are doing this. (there are articles and legal terms of s.10 on this site, i cant remember all the info) i would also consider sending a SAR. thanks

when did open the account if you dont mind me asking and was it over the phone application? just trying to get as much info as possible.

anymore experiences with jd williams requesting cca.

i totally agree with you them taking advantage of people. esp with the elderly. an elderly family member who has had problems in the past with them has had an account for years. however, slowly but surely people are getting wise and learning how to challenge these people. i have learnt so much today about the cca law/rules. i am convinced the dont have a cca for me after what ive read. and i know for a fact they defo will not have one for my family member. lets hope you dont get bothered by them anymore.

that is sickening!!! but it does supprise me with this company. can i ask have u got anywhere with them and if so whats happened if u could it i would be very great full

they most certainly are parasites. i take it u have acconts with these people?

o hillards, i take your point on other peoples accounts with this company. however in my mind the fact they are sending out cca's for new customers to be signed, dated and then returned is a statement in itself. i.e. these tick box for this company is somewhat useless as why would they waste money and time sending out cca's if the tick box on the screen or even over the phone is a legal bidding cca that is enforceable? i am not saying i am right, i may be very far from the truth and jumping the gun. it just strikes me as a little strange and bad bussiness sense to waste money obtaining something you already have in your records. this company mentioned above is greedy. they wouldnt waste money like that surely?

hi all and thanks for your replies. themagcian: yea its just the normal rubbish they write like "formal demand", "would like an amicable settlement" and "will not hesitate to commence legal proceedings". all of these things have been on every letter for over a year. b3rty: yea i made it lol thanks for pointing me in the right direction with how to do a thread lol and that letter looks brilliant i had already downloaded and printed off my letter to the collectors but think i may use this one now. and thanks for the 2004 act will have a read through it. hillards: i am not getting letters from reliable anymore they are bored of me ignoring them. it is a company in scotland however it is exactly the same useless threats as reliable. the reason i used the account was credit limit was low on both. i had just moved to a new place and needed domestic items. at the time i was in full time employment and was making regular monthly payments. they responded by increasing my credit accounts over 6 months to quite a large. unfortunatly end of summer 07 i was burguled so i used the accounts to help replace electricals. i was however quite sensible when buying and did not use all of the credit which in total of the accounts would have been well over £2000. mid 08 i lost my job and this is where the problems started. i have not paid them any money since at all since feb 09 11 months ago in protest to the lack of willingness to first of listen to me and secoundly to even consider my monthly repayment suggestions. had they of been helpful in the first place i would be paying them monthly installments to clear the debt and would not be writing this now. after what i have read on this site in the last 24 hours and i ahve read a lot about 8 hours i have read altogether, i firmly believe that these company have no enforceable cca things would have been moving along before now in terms of legal proceedings considering that i have not paid any money for 11 months. i may be wrong we will see when i post the cca request to them first thing monday morning recorded delivery. thanks again for the replies guys, all info is welcome. the more info the better. will keep u all up to date

hi, does anyone know the factual legistration for an unenforceable cca with a catalogue company (jd williams) i opened an account with jd williams end of november 2006. as far as i am aware i never received or sign any form of credit agreement. i opened my account over the phone. not the internet or application form via the post. i have tried everything i can regarding this situation that has now been going on for just over two years. jd williams will not accept any lower payment nor are they willing to listen. they just keep adding charges to my account and getting debt collection agencies to send letters threatening cout action if not apid in full the day i recieve the letter and to contact them immediately if i have problems paying the full outstanding balance. however when i do contact them they will not accept payment other than the full amount. also, without my request, permission and knowledge jd williams also opened another credit account in my name just a week or so after the first one. i have used the catalogue but is this not legal? what i really need to know: 1, is there any rules/laws etc in 2006 that would prevent me going the cca route. 2, does the 2004 electronic signiture valid on telephone applications or is it just on internet website applications? 3, does anyone know of any lawful reason why a catalogue company would not have a signed by me cca in 2006. in my mind, if this company had any enforcable cca, then they would have started court preceedings ages ago surely. at present i am receiving letters from debt collectors at least one every 14 days threatening legal action for at least one full year. does anyone know if this is the way it goes? also as far as the signed cca is concern i am a little confused as 5 people i know at christmas all opened accounts with this company. all accounts were opened via the internet with the tick in the box but all 5 received cca's in the post either after items were despatched or just after recieving items to sign with t+c on the back. the have to sign and send back. three of which have not been signed and accounts still running as norm. anyone know factual info? all help very great fully received. cheers

hi everyone, i am new on here but i have been reading the blogs and i am very interested largely due to debt problems. i am a little confused about cca act changes. i want to start my own thread but i dont know how too. am i right in thinking that a cataloge account opened in december 2006 in which i did not sign a credit agreement is still unenforceable as a post to if i opened it after 2007 with no credit agreement it would be enforceable? please adviced needed urgently thanks guys