JBW Group banged on my door at 6AM today for a WONGA debt!!!

[babybear39]

Ask TS to deal with this urgently for you.

[tomtubby]

I would not have normally seen this as I post in the bailiff section.

 

This is very worrying indeed. Yes, JBW are a company of certificated bailiffs but like many such bailiff companies they are branching out into collecting consumer debts.

 

When enforcing a debt on behalf of a local authority, the bailiff must abide by regulations laid down by Parliament and can only charge fees that are also agreed by statute. This company cannot charge you any fees as they are working on behalf of the finance company.

 

 

Is the amount being claimed the correct sum due to WONGA or have JBW applied charges for administring this debt and paying you a visit ?

 

The OFT is the best route to complain and I would copy your letter to JBW by using the following e-mail address:

 

E-mail address: [email protected]

 

PS: You are not under any legal obligation to pay this company and neither should you EVER allow them to come into your home.

 

They CANNOT remove goods either. For goods to ever be removed, WONGA will need to issue a summons against you in the County Court and IF you failed to respond and Judgement was entered, then WONGA can then apply to the County Court for a Warrant of Execution to be issued (WONGA will have to pay a fee for this).

 

Once a Warrant of Execution is issued, this can then be sent to the COUNTY COURT BAILIFF......and certainly NOT this company to enforce.

Edited June 30, 2009 by tomtubby

[ScarletPimpernel]

Well worth phoning the OFT to check if JBW have a consumer credit licence; collecting without one is a criminal offence.

[angry cat]

JBW Group Limited, changed their name from JBW Enforcement in September last year.

 

I note that, their CCA Licence is marked pending.

 

JBW Group appear to be Bailiffs as well as DCA's.

 

This situation may well be a breach of the CPUTR's as well as the OFT Guidelines!!!

 

Err, they do not hold a CCA Licence to trade off of Trade Premises. However, Bailiffs come under a different quasi regulator, or non regulator.

 

 

Info. as follows:

 

CCA Search :: CCA Search Results :: Licence Details

 

 

Application / Licence Details

Licence Number:0629360Licence Status:Pending

Current Applicant / Licensee:

Business Name Company Registration Number

J.B.W. Group Limited 04118149

 

Licence Notes:

Evt Stage Open Date Notes

1 Application Received 25/06/2009

 

Right To Canvass Off Trade Premises:No

Trading Name(s) (Current):

JBW

JBW Bailiffs

JBW Debt Collection

JBW Debt Recovery

JBW Enforcement

JBW Group Ltd

JBW Legal Services

JBW Management

 

Legal Formation:

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

Name Position

David Daniels Operations Director

Ian Brownjohn Finance Director

Jamie Waller Managing Director

 

Nature of Business:

Other

 

Current Address(es):

Address Type Address

Correspondence Response House, 16, Hewett Street, LONDON, EC2A 3NN, United Kingdom

Principal Place Of Business Response House, 16, Hewett Street, LONDON, EC2A 3NN, United Kingdom

Registered Office Response House, 16, Hewett Street, LONDON, EC2A 3NN, United Kingdom"

 

If it were me I would be throwing all my toys out of the cot at the OFT/ TS!!!

 

AC

[angry cat]

Oh Yes!

 

Sounds like a clear breach of the CPUTR's to me:

 

The Consumer Protection from Unfair Trading Regulations 2008

These new consumer protection rules came into force in May 2008. They are designed to stop traders acting unfairly including the use of what the rules call ‘aggressive commercial practices’. These rules may help you tackle harassment by your creditors because the OFT and trading standards now have the power to take enforcement action against creditors. This can lead to fines or even imprisonment if the creditor is found guilty of an offence.

 

The OFT has issued guidance on how they will take action under the rules. This includes examples such as:

 

•a debt collector pressurising you to repay a debt by contacting you at unreasonable times such as late at night or at unreasonable locations such as your workplace;

•a debt collector threatening you with action, such as use of bailiffs, to recover money for unenforceable debts.

If you think you may have a complaint about your creditor under these rules, contact Consumer Direct.

 

AC

[Herilsamika]

Hi everybody,

 

Thanks for all the advice given!

I've been on to the CSA, TS, CA, CD, CCCS and the Legal Advice Line - who have promised to send info out to me concerning my next steps.

 

I've also been to the local law centre - had a brilliant conversation with a guy who was waiting for advice. He said that he had payday problems too and when a collector came to his house - he had had enough! To get even, he filed papers at the court against the payday loan company for theft as the kept draining his account every chance they had! He said it worked! They backed off and he won his case against a firm called Payday Express.

 

Maybe filing a claim in the small claims court would make these vultures back off if they are taking money out of accounts at every chance they get!

[Herilsamika]

 

Telephone

(O84) 5722 4599

Our Ref

EPIC/ENQ/

Fax

(020) 7211 8877

Date

1 July 2009

Email

[email protected]

 

Dear Ms xxxxxx

 

Consumer Credit Act 1974 (the Act)

 

Complaint Against: J.B.W. Group Ltd

Licence No: 629360 (Pending)

 

Thank you for your email received on 26 June 2009. I apologise for the delay in responding to you.

 

I am very sorry to hear about the difficulties you have been experiencing, however, the Office of Fair Trading (OFT) has no authority to become involved in disputes between consumers and traders, so we cannot offer you any direct help with the complaint or advise you directly in this matter. Our role is to protect the collective interests of consumers.

 

The above mentioned Act established a licensing system to protect the interests of consumers in the credit area. If a business wishes to undertake the collection of debts that arise from consumer credit agreements then the Act states that they are required to hold a consumer credit licence; this is issued by the OFT. The above trader holds a consumer credit licence. Under the Act, the OFT has a duty to consider the fitness of all traders who hold consumer credit licences.

 

In considering fitness we take into account whether a business has engaged in improper business practices. Where we receive complaints about the business practices of licensees, we investigate them and where appropriate we take enforcement action; that action depends on the evidence and circumstances. Action the OFT can take includes revoking, refusing or suspending a licence; or placing conduct requirements on the licence of the company or business in question (failure to comply with a conduct requirement can result in a financial penalty being levied).

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

 

We have noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any licensing action we may decide to take. If we do take any licensing action against this trader, it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you could sign the attached consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to restrictions on the OFT relating to disclosure of information (Part 9 of the Enterprise Act 2002).

 

Providing copies of agreements regulated by the Act

 

As you may know, s63 of the Act covers how and when lenders must provide consumers with a first (and where appropriate second) copy of a regulated agreement. It is clearly in the lender’s best interests to retain details of the original agreement and any subsequent variations or changes made to it, particularly as consumers can request a subsequent ‘true’ copy of most types of agreement under ss77 and 78 of the CCA (and on payment of the appropriate fee). There are rules about what is likely to constitute a ‘true copy’ under these sections of the Act. Further, if a consumer does make a valid request for a copy of their agreements under these provisions and the lender does not comply with the request, the agreement may not be enforceable in the Courts, subject to any other mitigating factors.

 

Should you require specialist advice or assistance on the circumstances of your complaint (including in relation to the above provisions about copy requirements), you may wish to contact your local Citizens’ Advice Bureau (CAB) or seek advice direct from a legal advisor.

 

The Financial Ombudsman Service (FOS) can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. FOS can be contacted at: The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR; telephone number, 0845 080 1800, or

www.financial-ombudsman.org.uk

 

We would like to thank you once again for writing to us and bringing this matter to our attention.

 

Yours sincerely

 

 

 

Samit Patel

Enquiries and Reporting Centre (ERC)

Office of Fair Trading (OFT)

[clemma]

Bog standard reply from the OFT, but at least they are aware and your complaint will be put on file.

[cashins]

Bog standard reply from the OFT, but at least they are aware and your complaint will be put on file.

 

Yep

 

The body that is empowered to take action is local Trading Standards and they should do so. Calling at 6 am is not on.

 

david

[Herilsamika]

An email received:

 

 

 

-------------------------------------------------------------------------

 

 

 

Dear

 

 

I am responsible for all Customer Operations at Wonga.com and have noticed your post on the Consumer Action Group forum. I was able to identify your account from some of the details of your posting.

 

I am really troubled by the difficulties that you have faced and had no idea as to how you had been treated until I read your posting. Obviously we seek to recover arrears from our customers where there is no agreed repayment plan in place but I am genuinely shocked that you had received a personal visit at 6am.

 

I want to personally deal with this matter and to guarantee you that your account will be dealt with fairly and practically.

 

I can assure you that we gave no instructions for a visit to be made to your home outside the hours expressly permitted by the Office of Fair Trading’s guidelines on collecting debts. We do of course conduct due diligence visits to suppliers such as JBW before appointing them and run them on a trial basis before engaging them in a permanent relationship. I can also assure you that what has happened is as much of a surprise to us as to you. We have engaged them on a small selection of accounts only and, unfortunately it would seem, yours was one of those in the trial.

 

I have tried today to contact JBW’s directors for an explanation as to what has happened and I am awaiting a response from them. I have also written to them by email to ensure that the matter is withdrawn from them to be managed by us internally again.

 

I have called your mobile a couple of times today but have not left a message. Would you please either give me a ring on my direct line below or drop me an email to let me know when it would be ok to speak to you. I am prepared to look to rectify what has gone wrong here. We can discuss how I can do that when you call.

 

Yours

 

 

John Hegarty

[mr.ton]

Never let it be said that alot of the guests who sniff around these threads are not from the industry itself etc...

Just goes to show you how powerful this forum is.

But we do advise to cover up all personal details so they cannot identify you.

I hope you have made Mr Hegarty aware that all the authorities are now involved

[babybear39]

I had a similar but most unpleasant thing happen with 1st crud a few years ago. 1st crud were monitoring this site and a senior manager phoned me! After they said that my telephone number had been deleted from their files

[mr.ton]

What did they say to you BB?

[babybear39]

I'm not allowed to dislose the conversation on here as it was subjet to a complaint to the site team.

[mr.ton]

I meant in a nutshell type of way...didnt mean the exact transcript

[babybear39]

A certain person at 1st crud didn't like me posting his employee's name from some emails and a letter

[lickthewallfatboy]

if this site didn't get the willies up the DCA's,they wouldn't be skulking around trying to work out who people are

 

that's why I try to keep details of my own situation(s) limited as regards divulging too much on an open forum

[lickthewallfatboy]

A certain person at 1st crud didn't like me posting his employee's name from some emails and a letter

 

I would have replied "tough"

 

if an email can be produced in court in evidence,then how can anyone expect details of what's in it not to be reproduced on the net

 

emails aren't confidential,unless both parties agree to it

[babybear39]

Unfortunately, I was still fairly new to the site and not aware of all my rights and let the nasty man intimidate me.

 

I'd like to see that telephone number being used now that I do

[jb000]

I don't think they would dare take this one to the County Court.

 

2689% APR Jesus H Christ.

 

An extortionate credit bargain if there ever was one. If I were you, I would contact the FOS if you are getting nowhere with the OFT.

 

Did you request a copy of the CCA which they have 12 days to reply otherwise the account is in dispute.

[mothsinmywallet]

Recognising the name JBW - brought back memories of the bailiffs programme on BBC1 a couple of years back - The Bailiffs Are Coming. There was a gentleman on it by the name of Jamie Waller and the tatics they used to get parking and council tax fines paid. Seems he has expanded...

[mr.ton]

I think many of the DCA's know who i am (ive even told most of them for goodness sake )...thats why they dont bother with me anymore.

BC&W found out & immediately ordered a "cease all action" on my account with them...not heard from them since

[babybear39]

I'm feeling a bit like that mr.ton. Bloody disgaceful making us feel like CAG lepers lol...

[mr.ton]

I got the most grovelling email reply off them.

Full of apologies & how they will cease all action etc...