Carter - claimform - old Ambrose Wilson JDW Cat 'debt'***Claim Dismissed***

[mashmallow]

I have been battling with Ambrose Wilson to come to smoe arrangement to pay a reduced amount in settling my bill with them.

 

 

I have received endless charges placed on both accounts and also constant recorded phonecalls and phonecalls from them even on a Sunday.

I just swear down the phone and hang up.

 

 

I have informed trading standards and OFT of this and await their reply.

 

In the merantime Ambrose Wilson have sent me a letter stating that:-

 

The OFT set out their views on the general principles that credit card providers should apply when calculating the charges

that they make when a customer fails to make a payment on time under a credit card agreement.

 

 

The OFT did say that banks and other finance businesses should consider those principles

when setting similar default charges for other types of financial products.

 

 

However in setting the £12.00 threshold figure for default charges in relation to credit cards,

the OFT said that this was an interim measure to move the credit card industry towards compliance.

The OFT did not say that the £12.00 threshold was applicable to other types of consumer agreement

and have not set a threshold sum or maximum figure for default charges under other types of agreement,

such as the one we have with you. etc.,

 

 

In the circumstances we are not prepared to make a refund of charges.

We incur costs and expenses as a result off non payments.

We are in the view that these charges are jusdtifiable and not a penalty.

 

They are still not accepting my reduced payment and the unfair charges they have slapped on therefore increasing the debt.

They now say they will offer a cash account so I can still buy goods from them on cash basis and I have 8 weeks to respond.

 

What position do I stand in right now and what next do I do.

 

regardws,

 

 

Mashmallow

[haggis1984]

Hi,

 

First we need to know what youve done so far.

 

What stages have you got to in seeking to reclaim these charges. Have you sent SAR to obtain your statements, and was their response above a response to an LBA?

 

Have you made a request for the credit agreement?

[mashmallow]

Thanks for replying, no I have not sent a SAR shoudl I do this? and if they send one will I be able to get these charges taken off even though it is because payment was not sent because they would not eccept my offer of £5.00 per month?

 

 

Thanks

 

Mashmallow

 

:-|

[haggis1984]

Doesnt matter why they added the charges - theyre unlawful and the company knows it. Get the SAR out asap (recorded delivery!) so you can find out how much of this debt is made up of charges.

[mashmallow]

Thank you I will do that and see what comes out.

 

Best Regards,

 

Mashmallow XX

[haggis1984]

Have you requested the credit agreement from them? If not do that too.

[The GodMother]

you should get a copy of a cca with the SAR but to be safe request it as they have to supply a SAR withing 40 days but a cca within 12 working days.

 

Working days are Monday to friday NOT including bank holidays eg, bank holiday mondays, good friday, christmas day, boxing day and new years day. Also weekends are not included.

[mashmallow]

I have two account with Ambrose Wilson, why I don't know

 

 

I have been asking them for the last 5 months to accept reduced payments they have totally refused

and tried to tie me up with the debt management scheme, that cost money.

 

 

Since then I have had continual tel calls from their agents and also automated recorded calls on the weekend.

 

 

I have written and told them I will not pay their £12 charges that they are slapping on everytime they send me a letter.

I referred them to the Trading Standards who said they would speak to them

and also they did not think I could insist they remove or reduce charges and

if they took me to court I could then argue the charges??

 

 

what I get from that is that it is OK for these sort of companies being the main agents or their debt collectors to make even more out of people?

 

Please can someone advise,

 

 

I am going to sent an SAR to find out exactly what they have slapped on in charges.

 

 

Can I minus the charges and just pay what I actually owe?

 

Many thanks

 

Mashmallow

[supasnooper]

Get the SAR sent off, hopefully you'll get statements back, add up the charges and reclaim them.

[mashmallow]

I have managed to get a repayment plan in place via Trading Standards and

 

 

I spoke to the lady today regarding taking off all the 12.00 charges that have occured through late payment or non payment.

 

 

I am going to send an SAR in the hope to reclaim these charges any chance of me succeeding in getting some of them back?

 

Regards,

 

 

Mashmallow:wink:

[mashmallow]

Please can someone advise me of what to do.

 

I sent off a CCA to the following people:-

 

Shopacheck

Ambrose Wilson

 

Shopacheck has passed the debt on to Lewis Debt recovery and totally ignored my request

Ambrose Wilson continue to call me 4 times a day and also have used the £1.00 postal order towards their payment.

 

What should I do now?

 

Regards,

 

Mashmallow

[cerberusalert]

Send Lewis this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

and this to Ambrose Wilson;

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

 

Be further advised that any further telephone calls from your company will be recorded.

 

 

Yours faithfully,

Print name do not sign

[mashmallow]

Thanks and hello once again Cerberusalet. I will do what you have said. Being a mail order company are they still by law required to send a credit agreement if requested?

 

Thanks

 

Mashmallow

 

XXXX

[cerberusalert]

Being a mail order company are they still by law required to send a credit agreement if requested?

 

[mashmallow]

Hi once again,

 

I sent off a CCA request, copy attached to Ambrose Wilson and got a letter back from them with a credit agreement that is not signed by me and seems to be just redone with my name and address filled in in blue ink. Please can you tell me if this is a proper agreement.

 

I would be very grateful.

 

Regards,

 

Mashmallow:-|

Ambrose Wilson Credit Agreement.pdf

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[cerberusalert]

I've unapproved the PDF file as it contains your customer details.

 

In a way they have conformed by sending you a 'true copy', they are allowed to omit certain details such as your signature, however in most cases if they had an orginal they would send you a copy. In this case I don't believe they have because in their letter back to you all they mention is the fact that they'll still mark your credit file, no further threats of legal action were made

 

I can see them selling this on to a DCA, if they do they'll be despatched easily enough.

[dx100uk]

how old are these debts?

 

dx

[mashmallow]

Thanks Cerb and Dx,

 

I cannot remember how old, may be older than 6 years but because I have being paying something |I guess the debt is still active.

 

I will send the letter you suggested and see what they say.

 

Once again thanks and your guidance in this matter.

 

Regards,

 

Mashmallow

[mashmallow]

Please can you give me some support on what action to take,

 

Bryan Carter Court writ arrived today.

 

I am sure this debt is statude barred I checked on the noodle site the information on this debt is as follows:

 

Original date of account opening was 26/3/07 for the amount of £484.00

 

Date Default 26/1/2011

 

Purchased by Lowell on the 3/1/13

 

Original company was J D Williams

 

I have made no payments to them because they were adding excess charges

and as far I am concerned I the debt is dead,

 

am I right I saying this and what do I do with the court letter.

 

Thy are now claiming £543.75 pus cost = £673.75.

 

Please can you advise me.

 

 

Many thanks

[Stigman]

Hi,

 

Can you please post up both the P.O.C. & the date of the claim.

 

You say Statute Barred, when was the last payment and/or written acknowledgement of the debt?

 

Have you ever CCA'd Lowell's?

 

It would also be wise to submit a CPR 31.14 request to Bryan Carter... http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Stigman

[dx100uk]

please fill this out and paste the results here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

dx

[mashmallow]

Thanks, please can you tell me what a POC is and date of claim, and no I have not sent CCA'd them I have had no contact with JD Williams or Lowells

[tiggrae]

Thanks, please can you tell me what a POC is and date of claim, and no I have not sent CCA'd them I have had no contact with JD Williams or Lowells

 

A POC is Particulars of Claim (what is written on the Court Form you received),

 

the date of the claim is the date the Court Form was issued to you.

 

You've stated the date of the default was in 2011,

 

was that the last time you made any form of payment towards this debt,

 

if that is the case it's not Statute Barred,

 

to be Statute Barred you can't have made any payments or acknowledged the debt within the last 6 years.

[Stigman]

Hi,

 

The P.O.C. are the Particulars of Claim are written on the front of the Claim Form and forms the basis of Bryan Carters claim against you, the date is also on the front of the claim form, the date is important because you have deadlines, otherwise a CCJ will be automatically awarded by default.

 

Please also read around the various forums on both the Legal Forum and Bryan Carter Forum so you can obtain as much information as possible.

 

You also need to submit a CPR 31.14 request to Bryan Carter as in post #2

 

Stigman

 

 

Stigman