Jd Williams/reliable Collections

[sorrylittlelot]

Shamone, i have an account with jd willims nd due to being out of the country for two months i have just got all my post, it has been passed to reliable collections, to get to the point there saing there going to send a doorstop colletor etc to which i have just sent the following letter in response -

 

This letter is a formal request pursuant to s.77 (1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide including a full breakdown of the account including any interest or I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 (6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.Your attention is drawn to ss.5 (2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

my main question is this - I have orderd goods totaling £45 and my balance is £104.17

I have made no payments yet and was wondering about the following charges

this is my whole transaction history

 

http://i682.photobucket.com/albums/vv188/sorrylittlelot/Capture.jpg

Edited November 30, 2009 by sorrylittlelot
im not like them i think im dumb

[sorrylittlelot]

bump

[citizenB]

my main question is this - I have orderd goods totaling £45 and my balance is £104.17

I have made no payments yet and was wondering about the following charges

this is my whole transaction history

 

http://i682.photobucket.com/albums/v...ot/Capture.jpg

 

Have they added administration charges, interest and the like ?

[sorrylittlelot]

all i know is what the account history says

[sorrylittlelot]

"Dear xxxxxxxx

 

We have made an pointment to contact you at your home on xxxxxxxx between 6pm and 9pm.

 

If this is not convenient call our hotline on 0870 160 1951

 

Yours sincerley,

 

Jane Fox

 

 

 

 

 

Thats the letter in full!

 

Any advice please

[ScarletPimpernel]

The letter does not say that anyone will come to your home; it says they intend to contact you.

 

It's the usual DCA boolsheet, designed to mislead and scare you into calling them, and can be ignored.

[sorrylittlelot]

sweet

[j_semple]

And in the off chance that they do decide to visit, there's a door step template on here that you can print off and present to them if they did come to visit (No need to even get into a conversation with them) Just give them that and walk away.

[debt4get]

had the same one myself last week...no one came.. and we put out the tea and biscuits, we were even going to clean the doorstep, but figured if they were going to take it, then to hell with em they could clean it theirselves

[nunnyrose]

Hi, just wanted to point out that actually an appointment can't be made unless its agreed by both parties - you dont go to the dentist, doctor ... without first checking that they can see you. I'd have some fun with this one,

Dear Jane Fox,

Thank you for your letter saying you have made an appoinment to contact me on ....

I am very sorry, but perhaps if you had confirmed this appointment with me before adding it to your diary you would have been told that I am fully booked between 6- 9 on date. If you would like to book an appointment with me, please do so in writing and I will get back to you and let you know if I am free. Please note that I am a very busy person and usually appointments need to be made 6 months in advance.

[sorrylittlelot]

not heard from these since 2009 and then got this letter today!!!

 

http://i682.photobucket.com/albums/vv188/sorrylittlelot/jd.jpg

[alfwithhair]

not heard from these since 2009 and then got this letter today!!!

 

http://i682.photobucket.com/albums/vv188/sorrylittlelot/jd.jpg

 

Just ignore BCW, they can do nothing. They are only acting on behalf of the OC.

 

Did you ever claim the £48 charges added to the balance back?

Have you paid anything since 2009?

[sorrylittlelot]

never paid anything nor tried to claim anything back

[alfwithhair]

never paid anything nor tried to claim anything back

 

Well its up to you want you do. But I wouldn't worry about BCW

Don't speak to them on the phone

If you want to claim the charges back I reckon with interest they owe you, the balance then would be what you said you DO owe,

 

£12: 25/11/2009+ £1.53 =£13.53

£12; 25/11/2009+£1.53 =£13.53

£12: 28/10/2009 +£1.60 =£13.60

£12: 28/10/2009 + £1.60 =£13.60

Total £48 +int £6.26 = £54.26

[sorrylittlelot]

thanks, i shall reply with my application for my charges back. on what gounds can i request that these are refunded?

[alfwithhair]

thanks, i shall reply with my application for my charges back. on what gounds can i request that these are refunded?

 

I am writing to request that you repay all the late payment fees and/or administation fees that have been applied to my account.

 

I do not believe the charges reflect the true cost to JD Williams and are unfair and disproportionate. I am therefore requesting a refund plus interest based on the Unfair Terms in Consumer Contracts Regulations 1999.

 

Then put the dates, amounts, interest and total you are claiming.

Send direct to JD Williams.

 

Griffin House, 40 Lever Street, Manchester, M60 6ES.

[sorrylittlelot]

thank you mate that is awesome, may i ask how you work out the intrest? i will send a letter to jd williams and the dca!

[sorrylittlelot]

i am going to SAR them aswell as my balance is now £156 which obvioulsy means more charges has occured since i last head from these

[alfwithhair]

Well if the balance has gone up again, forget re-claiming until you have a reply to the SAR, you need to know all the dates and amounts of all the charges.

SAR goes to JD Wiliiams

Forget BCW. Not worth the stamp. They are only agents and will have nothing of interest

 

Data Protection Act 1998

 

Subject access request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

[sorrylittlelot]

well they have replied - basically saying that i what i want is a subject access request (thanks for clearing that up eh) abd that i have to write to BCW group? thay gave me no contact details to do this.

Secondly they say that they received no payment even though i sent a Postal Order made payable to BCW group???

[paulh1818]

Alf, could you please explain how to calculate the interest as you did in #8? Thanks.

[silverfox1961]

well they have replied - basically saying that i what i want is a subject access request (thanks for clearing that up eh) abd that i have to write to BCW group? thay gave me no contact details to do this.

Secondly they say that they received no payment even though i sent a Postal Order made payable to BCW group???

 

WHAT! Are you saying JD Williams sent your SAR back and told you to go to BCW for it?

[BRIGADIER2JCS]

Can you post up the letter please,what the have done does not make sense.

[alfwithhair]

If you sent the SAR to JD Williams, why did you make the PO payable to BCW?

[sorrylittlelot]

i sent it to BCW as i assume they are the account holders now and all the other sar i have sent for other debts have been to the DC