Robinson way/JD Williams

[sturose]

My partner has received a few debt collection letters for an alleged debt with jd williams. The amount is quite substantial.

 

I have followed advice previously given on this site and requested a signed copy of the credit agreement using the template letters, they have responded by admitting there is no signed credit agreement.

 

I followed up by sending them an 'account in serious dispute' letter I found on here and they have now responded by saying that, although they cannot take the matter to court they can continue to chase the debt and it does exist.

 

We have had financial problems a number of years ago but we have no recollection of this debt, without a signed credit agreement I cannot prove or disprove the debt but they are claiming that they can continue to chase my partner for it.

 

The account is on my partners credit file as defaulted in 2006 but I don't want them harassing us for another year until it is statute barred.

 

I need some advice on a letter to send them to basically say prove we owe the money or back off because I have no intention of paying a debt I do not recall and cannot be proven.

 

Also, if they cannot prove the debt is my partners do they have any right to keep the default on her credit file?

 

I would be grateful of any help with this matter.

[silverfox1961]

Hi

By sending a CCA request, it is like saying to robbers way that you are the debtor in question. Too late now but I would have sent the 'prove it' letter instead.

 

If you are absolutely sure the debt is not yours then you would need to be sending RW a formal complaint and telling them they are in breach of the OFTs Debt Collection Guidance

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Particularly 2.8

 

With a default that has nothing to do with you, you can demand they remove it. I would query it with the CRA and see what comes back.

If they refuse to remove it, you could go to the Information Commissioner or you could sue them

[sturose]

Hi

By sending a CCA request, it is like saying to robbers way that you are the debtor in question. Too late now but I would have sent the 'prove it' letter instead.

 

If you are absolutely sure the debt is not yours then you would need to be sending RW a formal complaint and telling them they are in breach of the OFTs Debt Collection Guidance

 

 

 

Particularly 2.8

 

With a default that has nothing to do with you, you can demand they remove it. I would query it with the CRA and see what comes back.

If they refuse to remove it, you could go to the Information Commissioner or you could sue them

 

How does sending CCA request state that you are the debtor in question? I thought that was the reason for the "I do not acknowledge any debt to your company" statement at the start or the letter.

 

I cannot confirm or deny responsibility for the debt, that was the reason for the CCA request. We did get into a bit of a mess financially a number of years ago but I believed I had cleared most of it up apart from a few that I am still paying.

 

Without a signed credit agreement or some other proof that we actually owe the money I am not prepared to accept liability. I obtained my partners credit file when we first received demands for this money and this was the first I knew about the debt when I saw the default.

 

Unless they come up with some sort of proof I will refuse to accept responsibility, I will be sending them a letter stating this and that is the reason for me posting on here as I'm not sure what the letter should say.

[PGH7447]

what robbers way says is correct they cant enforce the debt without an agreement but they can peridoically ask, they have been asking me for 2 years, I neither respond nor care, in another year it is statute barred and then they can do even less, dont let it stress you out

[BRIGADIER2JCS]

If you formally state that the debt is statute barred and state that because of this you will not be paying

all collection activity must cease.

OFT Guidance: Section 2(14). b . para.4

States it is unfair to continue to press for payment after a debtor has stated that they will not pay

the debt because it is statute barred it COULD amount to harassment contrary to to section 40 (1)

of the Administration of Justice Act 1970.

Some will say that the has been superceded by CPUTR, but it is effective.

[sturose]

OK thanks.

 

So the best course of action is to just ignore then. I would have liked to get this matter cleared up as it's the only black mark on my partners credit file now as everything else has passed the 6 year anniversary.

 

I suppose waiting less than a year isn't too bad.

 

Thanks for the help.

 

It's not yet statute barred, the default date on my partners credit file is may 2006.

[BRIGADIER2JCS]

OK thanks.

 

So the best course of action is to just ignore then. I would have liked to get this matter cleared up as it's the only black mark on my partners credit file now as everything else has passed the 6 year anniversary.

 

I suppose waiting less than a year isn't too bad.

 

Thanks for the help.

 

Yes, catalogue companies are notorious for bad record keeping, I seriously doubt that any thing more will occur so sit back and wait.

[Tootles1971]

I suppose waiting less than a year isn't too bad.

 

Thanks for the help.

 

It's not yet statute barred, the default date on my partners credit file is may 2006.

 

The default date will be slightly later than the last payment, so the date it becomes statute barred will likely be a couple of months before that default date

[BRIGADIER2JCS]

If you want the whole picture date of last payment or acknowledgement you need to

do a Subject Access Request under The Data Protection Act.

Have loj around the threads on the subject and the letters in the CAG Library.

[silverfox1961]

How does sending CCA request state that you are the debtor in question? I thought that was the reason for the "I do not acknowledge any debt to your company" statement at the start or the letter.

 

 

Apologies for my lack of clarity

 

It is my opinion-only- that if it wasn't your debt, why send for the agreement. Obviously some will send a CCA request as they think that is the right way to go or if they have been directed to send one. My own opinion is to send the prove it letter.

 

Again, apologies if I didn't make that entirely clear

[sturose]

The default date will be slightly later than the last payment, so the date it becomes statute barred will likely be a couple of months before that default date

 

Probably right but my experian credit report only shows the default date.

 

Why is it nothing can be done about entries on a credit file when there is no true signed agreement? I have read that no agreement means no credit account so how can they report to a credit reference agency. If I'm wrong please enlighten me.

 

I'm not going to go into this any more brigadier, as far as I'm concerned they will have to prove to me that we owe the money before I will change my opinion of this debt, I have no recollection of it, I don't remember ever having dealt with JD Williams and on that basis I am not going to pay a debt that cannot be proven!

 

@silverfox:

No problem, I should have asked first but I thought I had read all I needed to so that this company would back off after a couple of letters.

[sturose]

Wooops, double posted.

Edited July 5, 2011 by sturose
double post.

[BRIGADIER2JCS]

Must agree with SilverFox if the debt is not yours then write and complain that

you are not the debtor.

[rosyb]

If you want the whole picture date of last payment or acknowledgement you need to

do a Subject Access Request under The Data Protection Act.

Have loj around the threads on the subject and the letters in the CAG Library.

 

Yes by all means do that, you will of course be acknowleging the fact that they have contacted you, and you are infact the person that they are demanding the money from and it will of course reset the statute bar but yes do it by all means.

KInd regards

Rosy

[BRIGADIER2JCS]

Requiring the information is not an admission, use the template in the CAG library.

ADD I This Request and The £10.00 statutory fee are not an acknowledgement of any liability.

also at the top WITH OUT PREJUDICE they can't use the fact that you have made contact in court.

[dx100uk]

keep it up and you'll be on moderation rosy

 

please refrain from using cag in a manner that is detrimental to other users by adding confusion where it is not necessary

 

if you wish to follow users around to undermine their posts then please go elsewhere

 

last warning

 

dx

siteteam

[PGH7447]

wow a CAg stalker - LOL

[BRIGADIER2JCS]

Not the only one at the moment:jaw:

[ims21]

Not the only one at the moment:jaw:

 

Must have missed some

[BRIGADIER2JCS]

A spo:madgrin::madgrin:oky late night lurker

[ims21]

Ah that'll be me then

[BRIGADIER2JCS]

No IMS you I trust at any time the one in the white shroud and the prickly flower

I do not trust at all at any time of day or night.:madgrin:

[lizzdaniels]

JD williams need to read up on a section of the law ''harassment of a debtor'' after relentless calls and conversations to clarify my situation they continue to interrupt me everyday dozens of times which shows a sign of unskilled uneducated minimum waged Manchester EDITED with nothing better to do with their time and the job could not be more uninteresting and ill-disciplined. How many times....unexpected business closure therefore......I am dealing with insolvency practitioners they have contacted you that is what I have paid them to do you are a mere creditor out of 11 others but yet the only creditor that reminds people like they are some sort of complete and utter idiots that money is outstanding - how about I turn this around and take you to court JD WILLIAMS for breaking the law and in BREECH of my bankruptcy petition ????? pointless waste of everybody's time what you are doing you are achieving NOTHING and to be honest who in their right mind is going to use you after the exposure of you on all these threads to this website consumer-group???????????? making out your all account managers and ringing trying to fool people from mobile numbers who the hell do you actually think you are ...........

Edited July 12, 2011 by silverfox1961
self explanatory

[sturose]

I have just obtained my partners credit file from equifax and checked the entry from RW.

 

It appears they have an incorrect DOB. This makes me believe even more that this debt has absolutely nothing to do with my partner as all other dates of birth on the running credit accounts are correct.

 

The DOB is similar but a year out, I believe that someone who knows us must have taken this credit without our knowledge, I wouldn't have a clue who though.

 

Is there anything else I can do about this? I would prefer not to just play the waiting game for the entry to drop off her file as this is the only thing stopping her from obtaining any form of credit so if I can get it removed I would like to.

[BRIGADIER2JCS]

Update me please, what information have you

got from JDW, or RW so far.

If nothing wort while I would write to both parties and

simply state that as they have failed to prove the

authenticity of the debt and their right to collect,

you will not enter into further correspondence

of any kind.

This is your FINAL RESPONSE, any further contact

will be considered harassment contrary to the Administration of Justice Act 1970

section 40 (1).

 

Brig.