JD Williams - Credit Not Asked For; Is This Debt Enforceable?

[gressfjell]

Thought I'd best post a new thread about this, instead of hijacking someone elses lol! Here's my story...

In 2008 I bought goods from JD Williams because I was going abroad for a few months and paid upfront. No mention of credit agreement when I ordered, and I certainly didn't ask for one. Whilst abroad my mum told me that I had letters back home to say that I had been given a credit limit with them. That I hadn't asked for! Fair enough, I said, though I didn't plan to use it as I learnt my lesson a decade earlier, in my early twenties, with store card debt. So I didn't think any more of it.

Well whilst abroad I went through a bad break up with my then boyfriend, and before I got back I also had experienced a traumatic physical injury. Feeling pretty crappy, possibly the lowest point of my life for some time, I decided to 'treat myself' to some nice new clothes using the credit that had erstwhile sat there unused for several months. After all, it can't hurt right?

Fast forward to 2010 and as quickly as I was paying off the limit I had, they were putting it up. It started at just £150 and was over 2,000 by last year. At one point I was paying them £150 a month just to try to pay it off but the interest kept accruing. Anyway I am now in 2,250 debt to them, and they are trying to get repayments.

My query is - I know what I'm like when it comes to store credit, hence why I didn't ask for credit and paid upfront for the goods. I was fine for ages but then a little vulnerability/crisis in my life and bang they had me by the short and curlies. Personally I think it should be illegal. They have effectively committed fraud by opening a credit account without my knowledge. There was honestly no mention at the time I paid for the goods, I wouldn't have done it otherwise. Yes I shouldn't have ordered anything from them but it's human nature to do that and these sick companies prey on human nature. If I had asked for credit then I would take responsibility but I didn't even ask for it in the first place, and feel positively shafted.

What can I do, if anything??

[gressfjell]

Thought I'd best post a new thread about this, instead of hijacking someone elses lol! Here's my story...

In 2008 I bought goods from JD Williams because I was going abroad for a few months and

paid upfront with my debit card.

No mention of credit agreement when I ordered, and I certainly didn't ask or apply for one. Whilst abroad my mum told me that I had letters back home to say that I had been given a credit limit with them. That I hadn't asked for! Fair enough, I said, though I didn't plan to use it as I learnt my lesson a decade earlier, in my early twenties, with store card debt. So I didn't think any more of it.

Well whilst abroad I went through a bad break up with my then boyfriend, and before I got back I also had experienced a traumatic physical injury. Feeling pretty crappy, possibly the lowest point of my life for some time, I decided to 'treat myself' to some nice new clothes using the credit that had erstwhile sat there unused for several months. After all, it can't hurt right.......?!

Fast forward to 2010 and as quickly as I was paying off the limit I had, they were putting it up. It started at just £150 and was over 2,000 by last year. At one point I was paying them £150 a month just to try to pay it off but the interest kept accruing. I've probably long paid off the goods amount that I owe. Anyway I am now in 2,250 debt to them, and they are trying to get repayments.

I know what I'm like when it comes to store credit - I spend it - hence why I didn't ask for credit and paid upfront for the goods. I was fine for ages but then had a little vulnerability/crisis in my life and bang they had me by the short and curlies. Personally I think it should be illegal. They have effectively committed fraud by opening a credit account without my knowledge. There was honestly no mention at the time I paid for the goods, I wouldn't have done it otherwise. I just thought I was ordering from a mail order catalogue and since I was paying upfront, a credit account wouldn't be part of the scenario at all. No other mail order catalogue has ever done this.

Yes I shouldn't have ordered anything from them later on, on credit, but it's human nature to do that really, and these sick companies prey on human nature. If I had asked for credit then I would take responsibility but I didn't even ask for it in the first place, and feel positively shafted.

What can I do, if anything?? Can they really pursue me for a debt that I never applied for in the first place?

[MARTIN3030]

Hmn,the difficulty in any challenge now is that you were using their facility and paying them back.

Have you tried to get hold of any data which could determine if you actually did agree to a credit limit ?

Whats the current position-has it been passed for recovery,are there any DCAs on the scene ?

When did you last make payment?

Looks like you should be thinking of a SAR.

[MARTIN3030]

There is a thread here which may be of interest

http://www.consumeractiongroup.co.uk/forum/showthread.php?275736-JD-williams-home-shopping-debt-out-of-control-CCA-please-help&highlight=JD+Williams

 

I also saw that you have posted your issues elsewhere-will merge here try to keep your posts in one place as its easier for those helping you to follow.

[gressfjell]

Thanks for your reply Martin - no worries re merge, I hadn't had reply and wondered if I had posted in wrong place so tried Debt forum as well lol!

It's still with Reliable at moment and my last payment was made last year, around August I think. I've not tried to get hold of any data regarding agreeing - would I CCA them for this? It's mad because I just thought I was ordering as normal online, paying by card as you do. I didn't apply for credit at all so they must have sneaked it in somewhere during the order process about opening an account. To anyone paying by card upfront with no intention of applying for credit, that would slip by very easily.

To me this situation is a bit like a recovered alcoholic who has been clean for 10 years going into a pub, buying an orange juice because he knows how he is with alcohol - it's a dangerous path to take. Then a couple of days later, he gets a voucher in the post from the pub, not something he asked for or applied for, for unlimited free alcoholic drinks for life, because he bought the orange juice. Now that former alcoholic may not touch the voucher for weeks, months, years, but as soon as he hits a tough spot in his life he is likely to make use of that voucher. To my mind that alcoholic has already taken responsibility for his tendency to be tempted by initially ordering an orange juice (like I did when I paid upfront) and so the actions of the pub (and my catalogue) are unsolicited and ought to be viewed as sinister and exploitative. How can a person ever overcome their issues with compulsive debting/using credit when there are companies around that seem to be legally allowed to hand out credit even when a person hasn't applied for it. There was a very good reason why I didn't apply for it and I'm sure I'm not alone in my experience. Maybe I should have been stronger, but it just seems wrong, somehow.

Sorry for long post lol. it's an issue that's been on my mind for a while and I wonder if the courts should take a look at catalogues who do this. My mother and grandmother used catalogues for years and I'd never heard of a company that automatically gave you a credit account without you asking for it, hence why i figured paying upfront would be the end of it!

[dx100uk]

orange ... alcohol.......

 

you had the credit you spent it, knowingly.........

 

bit silly to cry wolf now.

 

might be best to enter a DMP .

 

see sequenci's blog

 

dx

[MARTIN3030]

A request under CCA would likely give only very limited info,you would be best placed doing a full SAR asking for some detailed info.

Its very likely that there will have been lots of charges added to the account which I am sure you could challenge to reduce the amount owed.

Yes I see what you are saying about vulnerability with these companies,much the same as Provident and others.

Whichever way you want to go from here,there is help to do that.

I can see that you want to get it sorted.

[MARTIN3030]

Interestingly I found some figures for complaints which the JDW group has had

 

http://images2.drct2u.com/content/common/pdf/FSAComplaintsReporting.pdf