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JD williams home shopping debt out of control + CCA - please help


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It is diabolical how some of these work, i think you should complain to someone higher up and amke them aware of the position they are putting people in

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I wouldn't rely on your cca.

 

Your account was opened after dec 2004 when the electronic regs came into play so therefore they do not need to supply you with a cca with a signature - they would only need to produce printouts of your inital application if it was to proceed to court

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I wouldn't rely on your cca.

 

Your account was opened after dec 2004 when the electronic regs came into play so therefore they do not need to supply you with a cca with a signature - they would only need to produce printouts of your inital application if it was to proceed to court

 

Oh I see wow 2004, been told it's 2007 well that was way off haha, least I know now! Wonder why they're being super co-operative, never seen them act this way before....and I wonder why they don't mention the online agreement at all when people CCA them?

 

Is there a link to the regs that I can have a look at from 2004? Studio cards and another catalogue company virtually admitted they had no CCA bearing my signature and that was the same situation opened around 2005/2006 online no signature, if the online application is a valid CCA surely they would have sent that to me and still be pursuing me rather than advising me it's unenforceable?

 

Also if an online electronic application can count as a CCA why don't they have to send me a copy of it? Surely they would have to supply it when I requested my CCA rather than sending me a blank CCA that could be anyone's. Catalogues seem to be in such a grey area when it comes to all this sadly.

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Thanks hun I'll have a read over, still confused as to why so many think it's 2007, I'll report back if I can work out why :D

 

Having a think about it yesterday made me realise that the other companies probably don't have a copy even of this electronic signature hence their addmitance they can't enforce, I would think the same would apply here as JDW haven't mentioned it in my CCA request and also at the time of opening the account they said I had to sign a paper document and send back which I never did.

 

I'm surprised the number of catalogue companies who give up, never enforce and don't take people to court seeing as they have this 2004 reg to support them, still all seems a bit odd...

 

I am paying this however I do like to know where I stand ie if my debt is enforceable etc

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it was only when i sent them sar's that it showed up the online screenshots

 

re 2007 - what that is any agreement after 2007 is not automatically unenforceable without prescribed terms nothing to do with electronic regs

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Ah! Interesting, when I have a spare tenner I may SAR them. Other companies just seem to give up however saying they can't produce anything so makes you wonder if they always keep it. Thanks for clearing up the 2007 thing, think it's confusing a fair few people, doesn't apply in my case anyway.

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  • 3 weeks later...

Due to the wonderful help from members on this forum I was given some contact details for senior members of the N Brown Group who own JDWilliams etc and resorted to emailing them after continually being told I owed £20 and not £10 then subsequently ignored.

 

I was contacted by a manager who is basically in charge of credit etc who has been more than helpful and very apologetic for the way I was treated and cleared everything up for me. I am still continuing to pay the agreement I made and more if I can afford it.

 

I thought whilst I had this persons attention I would ask why when I asked for a signed copy or electronic copy of my agreement with them they gave me a blank application form and T&C's with no signatures on them. The manager came back to say they provided me with a true copy and that need not have any form of actual or electronic/digital signature. They then go on to say they have looked and cannot find anything with any form of signature on it but that the debt still exists.

 

To quote: "a credit agreement clearly existed and credit has been provided to the debtor, but the debtor is not obliged to repay the loan due to the provisions of the Consumer Credit Act, this does not mean that there was no agreement in the first place. It simply means that there was no enforceable regulated agreement."

 

I take this to mean they admit they have no form of signature and that they agree that it's not enforceable yet they're still happy for me to pay the smaller agreement that we came to? It's worded rather badly, either that or I'm not reading it right haha.

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To quote: "a credit agreement clearly existed and credit has been provided to the debtor, but the debtor is not obliged to repay the loan due to the provisions of the Consumer Credit Act, this does not mean that there was no agreement in the first place. It simply means that there was no enforceable regulated agreement."

 

 

This is rather ambiguous I would say. They could be quoting from communications from the ICO or OFT who do actually state something like this.

 

I would think in respect of your letter, then you are being advised, however obliquely, that there isnt a signed agreement.

 

The only way you would find out for sure I would think is if court action was started :)

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Thank you CitizenB, I thought the same, this person did seem to be answering in their own way then that section did seem rather lifted from elsewhere :)

 

Well my agreement stands with them, if they did take me to court I'm sure a judge wouldn't be too impressed given my open communication and willingness to pay. Have this company (or any catalogue company) taken anyone to court ever?

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  • 6 months later...

Soooo I'm back, wish I had the time I used to have to be on here but there you go.

 

Okay, so things went a bit downhill with this. Very soon after my last post I was single and had no income, I informed JDW that I could offer £1 a month whilst I got sorted out. I was told I had to ring them to discuss this, I explained that was a no go and £1 a month and asked for bank details to set up a SO. I asked four times, got no reply, this was after they sort-of confirmed they didn't have any form of signature for this account.

 

Anyway, I had a lot of things on my mind and as such a few weeks turned into a few months and I got a few letters in this time from JDW, went all head in the sand and most went in the bin.

 

This week I see it's been passed to Fredricksons. I have already CCA'd JDW who sent blank agreements and one email states that when they find any form of signature they will send it to me, this was 7 months ago and I am still waiting.

 

What's my next step now with Freds? Account in dispute? I am currently back with hubby who has been on JSA for a short while and is now temping but I can still only currently afford £1 a month after finding out that hubby also has a JDW account and that's now sliding as well, although not with a DCA.

 

Any advice greatly appreciated and this thread might need to be moved now it's with a DCA?

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Hi again

I would tell them that the account is in dispute with the original creditor and tell them to return it to their client or you will report them.

 

If they have your telephone number, demand it is removed from their systems as you do not wish to discuss this over the phone

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 4 weeks later...

Okay so I sent the next letter asking JDW for a physical or electronically signed agreement for this account and they have written straight back to me saying that they agree they have no agreement and that they will not be able to pursue me for the debt and will make sure all collections activity will cease immediately.

 

They then say that although this is the case they will record this debt on my credit file which will make it hard for me to obtain any credit in the future (fine by me). Then end the letter with "Given the serious consequences of non-payment please can you confirm your intentions in writing?"

 

What is it they want me to say? I've actually paid a fair amount off this since I last posted only to see Fredricksons magically slap about an extra £800 or so onto the balance, today I get a letter from the lovely Mr Carter as well threatening legal action and more fees. I would assume this has crossed over with JDW's letter.

 

Any advice on how to reply or if a reply is actually needed at all? All I ever wanted to find out is if they could take me to court, I've actually never said I would stop paying completely....

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  • 4 weeks later...

Anyone?

 

I have heard nothing back from JDW or Fredricksons (had to send them a letter referring back to JDW saying they had said no more collections).

 

I will leave it for now but have heard nothing in the past month from anyone. Is a reply even needed here?

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Anyone?

 

I have heard nothing back from JDW or Fredricksons (had to send them a letter referring back to JDW saying they had said no more collections).

 

I will leave it for now but have heard nothing in the past month from anyone. Is a reply even needed here?

 

I wouldn't bother even replying but I would keep that letter safe should any other DCA try it on.

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Haha well guess what just came in the post? Letter from Fredricksons:

 

"You informed us this debt was incorrect. We provided details of your dispute to the OC who say it is correct."

 

Erm? It's not about correct it's about JDW saying they will no longer chase for the debt, in fact I quote: "we confirm that current collections activity will cease".

 

Yet Freds are saying JDW have told them to pursue me for it....???

 

Oh and at the time of JDW's letter mentioned above the only collections activity on the account was from Fredricksons so it's not as if JDW are saying they won't collect, it was saying they agree they have no valid CCA, they know that they can't pursue me and will no longer do so!

 

Ideas?

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You could send them a photocopy of the JDW letter and tell them that any firther communication from them will be treated as harassment

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks guys, just wrote this out to send off today, will this be okay?

 

 

I am in receipt of your letter dated **/**/2011. As you are aware, this account is in dispute with JD Williams and has been since October 2010.

Please find enclosed a copy of a letter from your client stating that the account is unenforceable and I quote:

 

"…we confirm that current collections activity will cease."

 

Collections activity on this account must cease in accordance with your clients wishes.

 

If collections activity continues, such action will be considered unlawful, vexatious and will be classed as harassment. I will also initiate legal action should activity continue and file reports with the Office of Fair Trading, The Financial Ombudsman, Information Commissioners Office and any other relevant legal body I deem necessary including the police.

 

I look forward to hearing from you in writing to confirm that you are going to do as your client wishes.

 

Yours faithfully

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  • 2 weeks later...

Well I sent that off any way, got a couple of threat-o-grams of Freds in the meantime. Oh and a phonecall at 9pm in the evening one day with someone demanding I give my personal details....yeah right, I asked for hers and she went very quiet.

 

Got this today:

 

"Please note we are no longer instructed in connection with this matter and have returned the account to our client"

 

So we shall see how it goes, both the OC and DCA say they either have nothing to do with this nor will they chase it. Watch this space....cos I certainly don't trust any of them lol!

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  • 4 weeks later...

And surprise surprise the next lot of **** have it, got a phone call from Lewis yesterday and a letter today (dated 18th) asking me to pay the full amount (which has increased again) by friday or else.

 

Sigh.

 

I'll send the same letter and scan of JDW's letter as I sent to Freds but I feel I'll have to speak to JDW as they're surely the ones passing this on to DCAs when they said they would cease, hardly good practice?

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