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  1. 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 complaint.info@financial-ombudsman.org.uk 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.
  2. A dear friend is trying to fight legal action from this catalogue company via Lowell's even though she never opened the account and goods were delivered to a different address. She informed the catalogue company approximately two years ago when she first received a letter about the account. After that she heard nothing til a couple of months ago with a letter from Lowell's. Being inexperienced and knowing this was not her account she rang them and explained the account was fraudulent. She also rang the catalogue company but they couldn't give her any information! She has acknowledged the court papers and entered a defence that though the account is in herr name, she didn't receive the goods and they were not delivered to her address. But Lowell's just sent her a letter saying they would reduce the amount! How does she get evidence when the catalogue company say they have no information on what was ordered and where it was delivered? Why is this happening when she informed them about the fraud years ago. Its been assigned to her local court but she needs to be able to get evidence?
  3. Hi last november i lost my job since then i have only been paying reduced payments on my jacamo more than i can actually afford...Now we have had a letter stating recovery action will be taken against us unless we pay £566 and then £145 per month until it is paid off.. we are in a right state as since Christmas we have been with hardly any money and have had too use a food bank which we stated too jacamo but the threats continue.. we have been looking into a debt relief order as we have two other debts which was actually happy to accept lower payments for 6 months when i hope i will be back on my feet again... thanks for reading and any advice would be greatful
  4. Hi, thanks in advance for any advice. I just checked my credit file and saw a defaulted account for someone called Hoist Portfolio Holdings for over £900 from 2009 but the default recorded as 2011. I think this is something to do with an account from Jacamo that I got into trouble with and was stung repeatedly from the £12 fees and interest. From reading here I understand I can claim back these fees which would make it easier to clear the amount owed. The thing is I have no paperwork and no way of knowing how much the fees etc are. Is there any way of getting this info from somewhere and what are the chances of them removing the default from my account if I pay it off?
  5. had a letter today out of the blue about a claimform for a ccj i have had letters from cabot before but kind of ignored them which was silly. What do i do now i have filled out the bits needed In order for us to help you we require the following information:- cabot financial (uk) limited Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20th of june 2014 What is the claim for – the reason they have issued the claim? the claimant claims payment of the overdue balance due from the defendants(s) under a contract between the defendent(s) and jacamo. dated on or about 29/01/2009 and assigned to the claimant on the 26/06/2012 in the sum of 337.44 particulars a/c no- my account number then it just says the date default balance and post refel cr nil What is the value of the claim? there is no mention on any interest in the perticluars Is the claim for a current or credit/loan account or mobile phone account? online catalogue When did you enter into the original agreement before or after 2007? after 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned to cabot by the looks of the letter Were you aware the account had been assigned – did you receive a Notice of Assignment? no Did you receive a Default Notice from the original creditor? cant remeber dont think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no i have never recieved any thing from anyone about defaults Why did you cease payments:- i came into finacial difficulties when i split from my wife i did think i had paid it up back in 2009 but cant be 100% sure Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no can anyone advise me further on what to do i have seen there is a letter to send but the are for loans and current accounts and wasnt sure what to send as this is a catlogue.
  6. Due to a change in my circumstances i can no longer afford the payments on my jacamo account. I informed them of this via the managing director, which was passed on I offered a token gesture of £20 per month in return i asked that they stopped charges and intrest for me to pay off the debt. They have refused and demand the following A recent bank statement ( i do not get them after my bank decided to charge for them) a letter from my GP or consultant ( unless they pay they can do one) me to complete a income/outgoings list Upon which they want details of my children and the ins and out of my pocket in tiny detail. ( again like heck am i ) I have replied and told them as much as above and i understand that i have no legal obligation to provide that info, ive told them that guidlines say they shhould provide help but Now i am unsure when to go from here out, i am willing to pay what i have quoted but clearly they have no intention of helpping.
  7. Hey all, Got an urgent warning for JD Williams and Jacamo customers. it seems the company in a crafty attempt to get customers to agree to set up a Direct Debit and give them total control of when and where and how much they take out of your account have decided that as of the 7th of February 2014 customers who pay by debit or credit card will have to pay 37.68% interest where as customers who pay by direct debit will be able to continue to enjoy interest rates at 34.1%. This change means that if you want to be in control of where when and how much you want to pay you will now have to pay 3.58% more than those paying by direct debit. Surely this should be in breach of the Unfair terms and conditions in consumer contract regulations but what a way to treat loyal customers to me this is a kin to bullying either you give them control of where when and how much they take from your bank account or you pay them more for choosing where when and how much to pay. What a way to treat loyal customers JD and Jacamo just trample all over them. I say we should all write to them and protest about this tactic. Not very amused with them at all. Robert
  8. First of all, Hi!! I will apologise if this is the incorrect place, I did look up & down the topics and couldn't see one that matched up with my query. I have a DEFAULT on my Experian credit report from Sander & Kay T/A Jacamo for a grand total of £2240. I have never dealt with these people as explained below. I moved into my current address July 2012. I received a couple of letters ref this account soon after I moved in but I ignored them thinking they cant be for me, I've never held an account with them. In fact, I've never had a "catalogue" account as I would call them with anyone. The fact its a mistake or identity theft, where do I stand with this? Im now looking to move from rented accommodation & buy my first house. This somewhat isn't going to help me. I've no idea where to start with this which is why im asking for your advice. The default was registered 3/8/2012 and since those last letters last year, I've heard nothing. I have just read a thread on here in regards to Sander & Kay being useless which has not gave me the greatest confidence but id rather do it right from the outset. Thanks in advance for any advice on the matter. Regards M
  9. Hi I'm new to the forums and would really appreciate any help as I don't know what to do. I'm having problems after sending a CCA to Jacamo and Reliable Collections, they sent back an unsigned CCA, so I sent a default notice then received this letter below: Dear XXXXXXXXXXX Re: Account Number XXXXXXXXXXX Thank you for your email. We have noted your assertion that you did not sign the credit agreement in respect of the above account. In the absence of any valid dispute over the conponents that make up the balance of your account we consider your assertion that you have no legal liabillity for payment to be based purely on the fact that you claim that the relivent credit aggreement has not been signed. You should be aware of the important changes implemented by the Consumer Credit Act 2006 in respect of credit agreements entered into after April 2007. As your credit account was opened after this date, even if we are unable to produce a signed agreement (which was not admitted) we have the right to apply to the court for an enforcement order. An order will be made under the provisions of section 127 of the Consumer Credit Act 1974 (as amended by the Consumer Credit Act 2006) unless the court finds that prejudice has been caused as a result of your alleged failure to sign the agreement. We do not consider that you have been prejudiced in any way by the alleged omission of your signature on your credit agreement, and we are confident that we would be successful in any application for an enforcement order in respect of the agreement. if you continue to deny any liability in respect of your debt and fail to make any further payments towards it we can apply to the court for an enforcement order in respect of the agreement and reserve our right to seek the costs and interest. In addition, our rights in relation to pursuing you for the cash balance of the goods are fully reserved. We would therefore advise that the outstanding arrears are currently £XXX and an immediate payment is required to bring the account up to date. If you are currently experiencing financial difficulties, there are options available, which may help your situation. Where appropriate we can consider reduced repayments and/or cancelling interest charges. We await your reply. Yours sincerely
  10. Someone bought a suit back in august 2012. After wearing a couple of times the stiching has come undone. It was bought via jacamos credit facility on their credit account. Question is how do i get them to take it back and refund the money etc. They have already slapped 4 £12 admin charges onto the account despite paying a bit off. The suit incidently is only £54.99
  11. Hi Caggers, Just a quick question. Can a mail order company ignore the provision of The Consumer Protection (Distance Selling) Regulations 2000 just because they have hidden in their T & C's that they can? I thought the right to a refund including delivery charges for goods was absolute
  12. I am quite upset and scared at the moment. I have acummuated many debts from the following companies Jacamo - £1200 UCLan - £1100 3G - £82 Vodafone - £900 Now the thing is with Jacamo I have fully paid them off over the past year i have given them over £1500 but they keep adding charges and PPI and now my online account is back up to £1200 in debt. UCLan say's I own them that amount for accommodation last year whilst studying there i have in fact paid them i made 2 payment and my dad made 1 I have personally shown them this but they are still threatening to send debt collectors. 3G when i got this 3g account is was for a 30 day rolling contact for mobile broadband. I had to pay £50 deposit upfront and was told that my first to bills would use the £50 deposit and i pay for the others. When I have been told that this is incorrect information. The thing is i don't want to pay them more money when they've already got £50.. i have called them and said i would pay the remaining £32 but no more as they have £50 from me already... to which they have declined and have now threatened court action Vodafone is technically not my fault... My student finance payment was severely delayed this year (i received it on 18th october instead of september) Vodafone wants me to pay the full balance as they have now cut me off after £8 years of service My letters are all going to my parents house, and I am worried that the debt collectors will take things out of their house, i currently live in student accommodation, but i'm not sure I can change my address because they are very strict about visitors announced and unannounced. Should i change my address anyway? What can I do in the mean time? I have been looking for any job I could do part time as i am studying, but theres nothing
  13. I was reading my friends credit agreement she has to sign and send back but there is a part in it we don't get, can someone help us clarify it? The part states : Missing payments could have severe consequences and make obtaining credit more difficult and could lead to us obtaining a court order (a judgment) against you. This may result in the debt being secured over your house, which may be repossessed. How does this work for people like her who rent her house and don't own it? Is this thing still safe to sign considering her home is not owned by her. We wish to clarify this because I have managed to get my friends out of signing for things without reading the t&c first and this bit confused us. People should always read what there signing lets face it!
  14. Hello, I bought a shirt in June using my debit card which they charged, fine. However, I had to return the shirt as it was too big. I thought it would be a simple straight swap. Bizarrely, they instead refunded the cost of the shirt (not the cost of delivery) and charged me for the new shirt on a credit account, a credit account that I did not want, need or ask for. Since then I've fallen into financial difficulty and haven't been able to pay them. They've also added seemingly random charges of £12 for each month I haven't paid to the account. I've spoke to them and explained my situation, that I can't pay until October, that I will pay for the shirt and that's that. This has fallen on deaf ears. They call me every single day, I've spoken to them twice more and again they just ignore me. I've also emailed them, again nothing. I've told them I have nothing more to say and to stop calling me. As I said, I'm more than happy to pay for the shirt but these extra charges are just ridiculous. I feel they put me on credit in a way to extort money from me, I didn't want a credit account why didn't they just do a straight swap like any other normal company? I'm new to this forum and not sure what to do, can anyone please advise? I just want to pay for the shirt in October, which is £11.99 in total and no more.
  15. Has anyone had them do extra checks when opening account? I placed some orders and they did not look to go though I was told extra checks are needed then the orders where put though! I am wondering if I will get this a lot or how long it will take till I can order normal. Also I am looking to move soon what is there policy for home moves as I want to keep the account in good standing
  16. I need a little help with cabot. It all starts at my old house back in 2007/08 when i get a call from jacamo saying i owed them money for goods. I have no knowledge of these items and told jacamo i have left my previous property by the date they claimed i recieved goods. I was only young at the time and a single mom and was scared of the constant calls and threats of balliffs etc so i felt i had no choice but to start paying. Which i did, i started making token payments then i moved and stopped. Now fast forward to earlier this year i recieve a card saying for the occupier to call this number and i found out it was a company called cabot who claim my debt had been passed to them. I told them the situation and said i was young and bullied but i thought the payments i made had paid it off in full. (mistake i was nervous i just wanted them off my back) Since then i requested a CCA verbally and recieved three letters one stating they had recently obtained info comfirmation that i lived here dated 11th march 2011 and another saying Regarding your query. We've contacted Jacamo and asked them to investigate your query. Although we expect to recieve a reply within 21 days, if the info we need have been archived by the original lender it could take longer. Now firstly they cleverly don't state it was a CCA i requested. and secondly isn't there a 12 day rule. This letter was also dated 11th of march 2011. (it's now 7th of april) and a third letter stating they had taken over my debt but still no CCA. Today i recieved a phone call from a bullying little toad called adam who constantly tried to twist my words and make me pay saying i'd be getting people to the house and that apparently they HAD sent me a CCA, which i haven't recieved. also bringing up the fact i'd made a few payments and that in a previous conversation with danny i had stated i thought i had paid in full. (he was twisting everything and i was getting tounge tied) I told him they would get nothing out of me until i saw 'my' signature on the CCA that i never signed etc. He told me he didn't have to send out a CCA which had my signature on it (???) i said if you don't have 'my' signature how can you prove they sent me the goods. He tried to say oh you have received goods, i said no how can you say i have if there is no signature etc. He constantly twisted my words and i got annoyed . I also requested all communication be in writing from now on and he said no we can call you 6 times a day. Is this right? i lost my temper told him to p*ss off and put the fone down, he rang back straight away saying i think we got cut off (calls me by first name) (even though i said it's miss ****** to you) and i said yeah i told you to p*ss off and i put the phone down (satisfying but wrong i know) They have rung since then but i haven't answered, it's horrible not being able to answer my own telephone, Any advice to get these bullies off my back would be appriciated. Also because i did make some payments to jacamo before can they say i've acknowledged the debt? Also i had a look at my credit file on Equifax the other day and it stated the debt is 154 quid and so does the query letter, but the welcome letter dated 23rd march states 157 quid! it's all very confusing for me. Any help would be apriciated as i have no clue what i'm doing/dealing with!
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