J d Williams account handling??

[silverfox1961]

 

However not having a valid CCA doesn't always stand up in court as i know from my partners case back in sept. Especially when the judge says did you or did you not use the account provided , and has copies of account transactions.

 

Agreed, but it is down to the judge on the day

 

You would be amzed how many of us had a good relationship with our creditors while we were paying on time but once our lives go t*ts up, they don't want to know.

 

As far as I'm aware, JDW & Unreliable can do almost anything to you (threats, defaults) which isn't classed as enforcement but in a court, they should produce the original agreement. As said, it is down to the judge lottery. Even if they did go to court and win, the judge would take your financial circumstances into account and make an order accordingly. This JDW wouldn't like as they could no longer chase you. They would have to go back to court to get a variation order if they wanted you to pay more.

 

If you don't want to challenge the agreements then just send them what you can afford. Here is a list of template letters you could use:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[rogermeard]

I have had 1st Credit on my back for a bit on a debt they are allegedly collecting on behalf of their client.

 

Anyway, they sent me the usual stuff, threats, payment options, once in a lifetime deals etc etc.In the end because i wish to pay off my debts bit by bit i accepted an offer of repayment terms over 12 months which was THEIR OFFER to which i accepted, i have started this repayment plan of theirs over 2 months ago and third payment is due in 2 days time which is fine by me.

 

However they are harrassing me even more than they did before, via letter, phone calls and email. I have responded by email to them via their email several times saying there is nothing to discuss with them as i am making payments in accordance with THEIR PAYMENT PLAN!!!!.

 

I'm getting hacked off now , i do want to pay my dues but they are making it awfully hard for me to stay rational about this.

 

Is this usual behaviour of these idiots?

[silverfox1961]

It is the usual behaviour of ALL DCA's. Once they have their grubby little paws into you, they won't let go and will pester you more and more.

If they don't want to play fair, complain and once they reject your complaint (and they will) go to the FOS

Do they actually have the right to be collecting this debt? Have you checked?

[rogermeard]

I'm guessing so, i have had endless correspondance from various DCA's, debt is with Jay D Wiiliams originally, i have CCA'd williams in the past on various accounts we have held with them and all came back with Agreements written out by them on my behalf LOL.

 

However i am fed up with nearly 8 years or so of various debts being chased and paid off, written off etc etc. We have a new baby (surprise addition ) on the way , we already have 2 children i just want to end all the worry over debts and try and look to a future without.

 

I suppose i could dispute the debt etc with first dredit but to be honest i don't have the heart for a fight anymore.

[silverfox1961]

Fair enough

Would there be any charges you could reclaim (with interest) that may reduce the debt to a level you could clear it

[Lapchien66]

debt is with Jay D Wiiliams originally

 

Is the account pre 2007? JDW are renowned for not having any enforceable agreements. Did you CCA them (or any of the chasing pack of dogs)?

[rogermeard]

Not really, we did run up the debt with them in the first place. The debt is only for less than 500 hundred pounds now. The payment plan is not a small amount either thats why i'm surprised they are still petering.

[rogermeard]

Lapchien.......read my previous post about CCA's.

[Bookworm]

Ok, but you ran the debt with JDW, not 1st Credit, did you not? :-?

 

I mean, if you're happy to pay people to whom you don't actually owe money, you could always pay me instead, and I promise I wouldn't harass you half as much, and the money would be put to much better use!!!

[rogermeard]

Bookworm....i hear what your saying, and agree with what your saying but having had various experiences with debts, DCA's etc . Eventually you end up paying for it anyhow usually with you ending up in court , in the cases of people not paying due to irregularities with the DCA and getting one over on them and case kicked out of court(we are those people also) this is usually after a lengthy procedure and to be frank a pain in the A%$£ which i have had enough of. I also have a couple of outstanding issues to resolve elsewhere.

 

What irritates me is the fact that i have agreed to pay them at their request on their terms and yet still harrassment????

 

I will not budge on my payments so why do they bother, especially as they probably have very little proof of ownership/CCA etc.

[count orlok]

That's why it is often better not to pay these companies. If you pay them they look apon you as a cash cow and keep onto you. If you don't they will eventually give up as because it cuts into their profits if they get no return on money paid out; for phone calls, postage, debt monkey wages (even though based on results they must pay at least mimimum wage, that said they probably claim they are exempt and pay less). They may take you to court but again this costs money so if you don't own your home and are on benefits/low wages it may not be worth it for them. Even if they did go to court and won, you also win as the judge will set an affordable repayment plan, so again hopeflly this will get them of your back.

 

You can allways ignore letters, send e-mail straight to junk folder, and change your phone number. so there can be peace from DCAs. I know at the start it does not seem like it at first, but after a couple of years when nothing much comes of their threats you may even start to miss the yellow (or other recognised form) letters.