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JD Williams/Lowells


bobbygirl
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Hi,

 

I opened an account with JD Williams on 2nd April 2007.

 

 

I fell into financial difficulty and couldn't continue making my payments.

 

 

I know it sounds ridiculous but then I'm not quite sure if I was defaulted by them,

when I got back on my feet I paid off the debt off with JD Williams which was £961 in Jan 2013.

 

I looked at my credit file two weeks ago to find that Lowells had posted a default on 04/01/2011.

 

 

I sent them an email requesting information about the account.

 

 

To which they replied the account was closed with them on 21/01/2013 after my full and final payment to JD Williams.

 

I then asked them that as JD Williams accepted my full and final payment, did this mean that the debt had not been sold to themselves?

 

They then responded saying that I had made the payment to JD Williams prior to them sending a notice of assignment,

and that because they were the legal owners that JD Williams had transferred the payment to them?

 

Does this sound right?

The default date is 01/2011 and yet I made the full payment in 01/2013 apparently before they had chance to send a notice of assignment?

 

 

Also the debt was pre 07/04/2007 and so probably unenforceable?

 

 

Can someone please help me with where I go fromhere to get the default removed?

 

Many Thanks :???:

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What date did you default on the account ?

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Firstly JDWilliams was mail order, wasn't it ?

 

 

Quite often they opened an account even from a single order without ever getting a signature for a proper credit agreement.

 

As citizenB says,

 

 

did you ever get a default notice and when ?

 

 

If there was no proper agreement then under a recent decision you may have a right to have the whole account removed from the record.

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I fell into difficulties within 3 months of opening the account and so stopped making any payments.

 

I never actually received a default notice but it shows on my file as a default being placed on 04/01/2011.

 

 

I am currently trying to find out if JD Williams had also placed a default back in 2007.

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JDW would have defaulted before sale

thus lowells name is now against it as the debt was sold on.

 

 

even if you paid it off

the default is correct sadly.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Good Morning,

 

I am back after somewhat a long wait for my SAR request to finally be fulfilled.

 

Unsurprisingly I did not receive all of the information that I requested.

 

I received a photocopied credit agreement with my name and address filled in and a jd williams company signature but no date and no signature from me!

 

I received a statement of orders which showed one order placed totalling c £92 on 25/04/2007,

with a statement beginning 03/2009 with a balance of c £300

making its way through to the end of 2010 and a balance of £960.

Ten times the original order amount, made up of PPI and charges.

 

JD Williams say they last received a payment in 2009 which does not show on the statement of account.

 

 

A default was then placed on my credit file more than 18 months after they claim they received the last payment from me,

the default currently shows from Lowells however despite asking for a notice of assignment this was never received.

 

I believe there are many problems with this account, that incidently I paid off in 2012 when my finances were better.

 

I believe they should have applied the default within 6 months of my defaulting the account.

I do not feel that it is appropriate that the debt registered ended up 10 times the actual borrowing.

I feel that the credit agreement is not applicable as it shows no date or a signature from myself.

I am not convinced that Lowell bought the debt?

 

The long and short is that I wish to have the default removed from my credit file,

 

 

can anybody advise me as to where to go from here please.

 

Sorry so longwinded.

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from apr 2007 credit account were able to be sign/created online

 

 

so as with all cat debts, you first order serves as your acceptance of the credit agreement

and your sig would not be needed.

 

 

with regard to the PENALTY fess [admin] and the PPI

you can reclaim all of those to reduce the balance.

 

 

on the front of the default, so it looks like you ordered something £92 25/4/2007.

 

 

if you didn't pay for that

then the default ideally should have been placed

1 to 3 mths after missing your 3rd payment.

 

 

you could write to JDW and dispute this.

 

 

as for the letter of assignment, if/if not one was sent

sadly doesn't really matter in this instance.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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