Hi all, Very new to this forum but have read dozens of the threads and hope I have followed the correct protocol. I have sent a CCA Request to the claimant and BW Legal, no response yet I have sent a CPR31.14 request to the solicitor named on the claim no response yet I have done the AOS via the online portal stating I will be defending all of the claim. ************************************** Name of the Claimant ? Lowell Portfolio 1 LTD Date of issue – 15th Jan 2015 What is the claim for – the reason they have issued the claim? The claimant’s claim is for the sum of £1648.00 being monies due from the Defendants to the Claimant under a Home Shopping agreement regulated by the Consumer Credit Act 1974 between the defendant and JD Williams & Company limited under account Wxxxxxx and assigned to the Claimant on 04/01/2013 notice of which has been given to the defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the county courts Act 1984 at a rate of 8.00% per annum (a daily rate of 0.30 from the date of assignment of the agreement to 04/01/2014 being an amount of £109.80 What is the value of the claim? Amount claimed 1498.00 Court Fees 70.00 Solicitor’s costs 80.00 Total amount 1648.00 Is the claim for a current account or credit/loan account or mobile phone account? Home shopping Catalogue When did you enter into the original agreement before or after 2007? 01/07/2002 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. Lowell 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? Not Sure but probably Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? Account dispute, erroneous charges added for items not received What was the date of your last payment? December 2009 Was there a dispute with the original creditor that remains unresolved? Yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a dept management plan? NO Background An “account” was set up over the internet in 2002, no CCA was ever received or signed by myself. The account was operated frequently for a period of 7 years with no issue, with the credit limit increasing over this time to £3,500. In Dec 2009, ordered items failed to be delivered, Fashion World failed to accept this despite there being no proof of delivery. At the time Fashion world used HDNL as their couriers who were well know to misplace parcels and leave them on door steps etc. Months of arguing perused, with me refusing to make any further payments until the errors on the account were corrected. Lots of threatening letters and harassment phone calls over most of 2010, resulting in me having to change our phone number. Throughout this I maintained if the account was corrected I would recommence the payments. Balance at this point was around £500. Eventually letters stopped. In early 2012, as a result of having a credit application refused, I checked my Experian credit file. It was at this point I found out that Fashion World had marked a default on my file on Dec 2012. At this point I became aware that the dept may be unenforceable due to the manner that the account had been set up. I wrote to again to Fashion World advising them that despite my believing the dept to be unenforceable, I was prepared to pay off the original amount on the proviso that they removed all record of the default from my credit file. I also at this point requested a copy of my agreement. This letter was not responded to. No other correspondence was received in relation to this account until I got the Court Claim on 20th Jan 2015 followed by a letter the next day (dated 19/01/15) from BW Legal advising “we have now issued legal proceedings”. I understand that I now have until 16/02/15 to submit my defence, which is where I need some help. From what I have read, I believe the agreement was not properly executed so cannot be enforced through the courts. Is this correct and if so what parts of the law should I be citing in the defence. Would it also benefit to state that the assignment had occurred whilst the account was in dispute or would that be acknowledging validity of the agreement. Any Help would be appreciated, Thanks

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

Hello, I received the best early Christmas present today. A letter from Bryan Carter informing me that within the next 48 hours I will be receiving papers from 'the County Court' where they will be wanting me to receive a CCJ. This is in respect of an old Marisota/Simply Be debt that originally was around 700 quid. Eventually this became around 1400 with charges JD Williams group kept adding. I offered to pay JD Williams a minimum payment each month over the phone, but they refused and hassled me all the time resulting in me changing my number. The debt was sold to Lowell who upped it with their costs to 1541 pounds. The debt was then transferred to Frederickson International, who I have had run ins with in the past. I ignored them because of the stupid bully boy tactics they use, and now find myself with this letter pre-warning me of my court invite. They have given me a number to call and discuss my account with them...........is this genuine or a scare tactic? I think my original date of default is around Summer 2011 which is after JD Williams group added their obscene charges. I now need some help. What can I do to get me on the best footing for arguing my case. I will gladly pay the amoudnt I owe, but I am not paying the 1882 quid that Bryan Carter are asking for. What is my legal stand point? Do I need to send a SAR to Lowell or Frederickson or both? Is it even an SAR I need? Any advice or signposting would be gratefully accepted. Cheers.

Hi, I recently sent a CCA request to JD Williams regarding a default on my credit file. They replied, informing me they do not have a signed copy of the agreement nor of the default notice. I understand where i stand in relation to the debt, namely, that it is unenforceable in the courts even if it does still exist. I am wondering though where that leaves me with the CRA's. The fact that JD Williams do not have a copy of the agreement renders the debt unenforceable with the courts but the CRA's do not enforce anything as such so they would not have to remove anything owing to that. However, I believe the ICO states in its Data Protection Technical Guidance at s.39 that "Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default." If they do not have a signed agreement or default notice is that not going against the guidance?. Further that The Data Protection Act also specifies that sensitive personal data must be processed according to a stricter set of conditions, in particular any consent must be explicit. Without a signed agreement how can they prove my explicit consent to the CRA to share my information legally. I may be well off in my thinking i am just trying to understand my next steps after dong a bit of reading around. Any help or advice would be greatly appreciated.

My partner has received a few debt collection letters for an alleged debt with jd williams. The amount is quite substantial. I have followed advice previously given on this site and requested a signed copy of the credit agreement using the template letters, they have responded by admitting there is no signed credit agreement. I followed up by sending them an 'account in serious dispute' letter I found on here and they have now responded by saying that, although they cannot take the matter to court they can continue to chase the debt and it does exist. We have had financial problems a number of years ago but we have no recollection of this debt, without a signed credit agreement I cannot prove or disprove the debt but they are claiming that they can continue to chase my partner for it. The account is on my partners credit file as defaulted in 2006 but I don't want them harassing us for another year until it is statute barred. I need some advice on a letter to send them to basically say prove we owe the money or back off because I have no intention of paying a debt I do not recall and cannot be proven. Also, if they cannot prove the debt is my partners do they have any right to keep the default on her credit file? I would be grateful of any help with this matter.