JD Williams/Hoist/Robinson Way/Drysden Fairfax debt. Help Needed

[Morr]

Sorry, I have more questions, on the statement where is lists all the payments and charges it has a line where it adds the interest each month, but the amount changes each time.

 

It starts off saying 1.89 pomp charged (what does pomp mean?!) but each month it goes up about, until the last month on the statement where it is 15.11pomp charged. Is this something to do with the APR? if so how do i implement this onto the spreadsheet?

[Peterbard]

There is no obligation under SAR to supply a copy of the agreement, this is dealt with s.77-79 CCA 1974 (as amended).

 

 

No CCA = unen. via court, debt still exists and is collectable, action could be taken if the agreement is found.

 

 

Stat Barred in England and Wale = 6 clear years no payments or unequivocal written acknowledgment of the debt.

If the above applies to you then send SB letter from CAG library by signed for post, check delivery.

 

 

 

Both these statements are incorrect

 

A SDAR will indeed turn up a copy of the agreement if you state that you require one, it is personal data if they have it they cannot refuse to supply it.

 

A copy request under the consumer credit act has nothing to do with an SAR they are different pieces of legislature the requirement to produce a copy under thee CCA has absolutely nothing to do with the requirements of the data protection act.

 

I personally have gained a bout half a dozen agreements through an SAR for my own sake and know many others who have done the same when claiming PPI and agreement details for claims regarding charges. Anyway give it a try and let us know who is correct.

 

Sb applies from when the agreement is terminated via a term in the agreement and the SB date is reset by a payment thereafter, so if the agreement had been terminated you would be safe in presuming it was the last payment date if not it would be the time when the agreements defaulted and terminated.

 

D

[dx100uk]

hairs and splitting

 

dx

[Peterbard]

hairs and splitting

 

dx

 

Is being wrongly advised that sending a SAR will not produce an agreement. when the fact is that it most definitely will. Does the site team have so little regard for the truth regarding the advice given on here that they consider accurate advice Hair splitting ?

Hardly. The OP requires factual help I presume, otherwise everything said on here is hair splitting.

 

Is being advised that an account is statute barred when it may well be, hair splitting?

Perhaps your priorities need examining and the allegiance to those who come on here for help needs to be placed above the toadying to the egos of someone who frankly has little or no business giving advice at all, and continues to pretend that they have.

Edited June 7, 2014 by Dodgeball
spell :)

[ims21]

I sent them a CCA request in 2010, but they sent me back a blank CCA and said i would have signed something like this (but it wasn't filled out).

 

I've added all of the charges to he spreadsheet, and they come to £444. But if I haven't PAID them, can I reclaim them and charge interest?

 

Still just wondering if the end date on the spreadsheet is today's date, or the date of the last charge, and what the APR is. If i can't see it I will base is on 29.9%.

 

This was a Nat Close Acc. thanks everyone!

 

Yes you can reclaim them.If successful they will be reversed from your account.

 

The "Claim To" date on your spreadsheet should be the date they stopped charging interest (see below)

 

 

Sorry, I have more questions, on the statement where is lists all the payments and charges it has a line where it adds the interest each month, but the amount changes each time.

 

It starts off saying 1.89 pomp charged (what does pomp mean?!) but each month it goes up about, until the last month on the statement where it is 15.11pomp charged. Is this something to do with the APR? if so how do i implement this onto the spreadsheet?

 

POMP is their "Peace of Mind Protection". In other words it is PPI and can be reclaimed of mis-sold. If you didn't want it, agree to it and it was put on there without your knowledge then it should be reclaimed.

 

Do your statements show any actual interest being charged to the account?

[Morr]

Hi everyone, thanks for the advice.

 

In answer to some questions,

 

going through the SAR on at least 5 occasions it says no insurance, or NA next to insurance, or 0.0 paid in insurance.

 

BUT on the complete summary it says interest charged and pomp.

 

There is definitely interest charged.

 

Would it be helpful if I uploaded the statement to see if you can make sense of it?

 

I want to get the ball rolling on this as soon as I can.

 

Lastly, d

oes anyone know what APR I put in the CIS spreadsheet to work it out?

 

I can find no record of an APR on the SAR (to be fair most of the SAR is blank pages saying no details found,

they don't seem to have a lot of information about this account at all!)

[Morr]

See statement attached

[Morr]

Can anyone help after I've attached my statement above?! I'd really like to get some action taken this week, but I'm really at a loss of even where to start! Thanks everyone.

[ims21]

Have you done your spreadsheet yet?

[Morr]

I have put all the charges on, however I can't find a record of the APR so not sure what to put for that?

[ims21]

Looks to me like they are charging around 2.53% per month on the outstanding balance which equates to an APR of some 35%.

 

If you look at the last entry on the statement the interest is £15.11 on the previous balance of £597.74.

 

15.11 / 597.74 x 100 = 2.53%

[Morr]

Wow, great maths! In that case, my sheet says total charges £444, compound interest £158.91, so total is £602.91.

 

Where do I go from here?!

[ims21]

I see that the account was defaulted. Make sure your "Claim To" date on the spreadsheet is set to the date that they stopped charging interest.

 

You would then send them a preliminary letter requiring a refund. They will almost certainly refuse.

 

You would then send them a "Letter Before Action" and if the still refuse then you would issue in court.

 

There is a fairly recent thread around here where charges were successfully reclaimed on a catalogue account. Might be worth looking for that and having a read.

[Morr]

Okay great.

 

 

What risk do I take by doing that.

 

 

Can they still pursue court action if I have asked them for charges back?

 

 

I'm scared if I get their back up by asking for them back, they will go all guns blazing!

 

Can you direct me to the exact letter to use/ the letters I keep finding are to do with credit cards or PPI charges.

 

 

 

 

Thanks so much for your help!

[ims21]

There are no guarantees as to what they will do.

 

How does your spreadsheet figure compare to the amount they are chasing?

 

The credit card letter is the closest you will find which you can the adapt to your particular case.

 

When you have a draft, post it up here and we can get it looked at.

[Morr]

Oh okay, great! So they say I owe £612 (ordered goods worth £67, and paid over £150). So there wouldn't really be anything left to pay on the account.

 

I will dig out the letter and post it up once i have amended it. Thanks!

[ims21]

Also, have a read here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?349051-Very-NDR-catalogue-PENALTY-charges-reclaim-filing-for-court***Settled-out-of-Court***

[Morr]

Quick question: When it says in the letter

 

' I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.'

 

Is this talking about the CCA? As there is no CCA in the SAR they sent me, does this statement matter?!

[Morr]

See attached my letter and my spreadsheet. Can you confirm this all looks correct?

[dx100uk]

yes you incthe cca statement

 

also unless you are going to do court

I would remove that line

 

and change it to

 

unless I get a favourable response in relation to my complaint

within 8 weeks I will take the matter up with the relevant authorities

regarding this matter.

 

 

[pers i'd remove any ref to 14 days

they have 8 weeks

 

dx

[Morr]

Hi All, It's been a long time since I updated!

 

 

since my last post,

I have received a few letters from Robinson Way saying their client is looking into the matter

and they will get back to me, but I've had no direct response from JD Williams

(who I had addressed the complaint too and the claim for charges as above).

 

 

However, yesterday I received a debt collection letter from Robinson Way.

Saying I have repeatedly failed to pay the account (the usual DCA letter they were sending before).

 

So what has happened?

 

 

I haven't yet heard back from the Creditors about my complaint, so how come they are suddenly resuming collection activity.

Are they allowed to resume collection activity whilst the debt is being disputed?

 

 

Any suggestions as to what I do next?

 

 

Hold tight and let the letters come, or write back to Robinson Way saying that this matter is still in dispute?

 

 

Thanks all!

[dx100uk]

well the reclaiming outweighs the owing.

 

 

your choice.

 

 

dx

[Morr]

Hi Dx,

 

To clarify,

 

 

I don't actually want any money from them via the reclaim,

 

 

I just want them to agree the debt is settled to be honest and stop pursuing it (I realise this might be high hopes on my part!).

 

 

As they are resuming debt collection activity,

 

 

I wonder if I should write back and say that this matter is being disputed with the original creditor?

[dx100uk]

you can but no guarantees

 

 

inc you reclaim letter and spread.

state you consider the matter closed.

 

 

don't forget DCA's are NOT BAIIFFS

they have

NO SUCH LEGAL POWERS

 

 

 

 

dx