1st Credit and 'Simply Be' account with JD Williams

[happycaravan]

hi,

 

I have a 'Simply Be' account with JD Williams which has been repaid at a reduced (interest and charge free rate) rate for the past 2 years or so, they agreed to this when we contacted them to say we were having financial troubles.

 

I have repaid each month without fail

i guess the debt isnt reducing fast enough for them as they appear to have recently sold the debt to '1st credit'.

 

A letter arrived from 1st credit saying that they are now the legal owner etc and that payments are to go to them now.

 

I don't want my credit rating to be affected and i know the debt is owed but can i make an offer to them to pay it off at a reduced lump sum or is it just best to pay as we have been?

 

I hadn't heard of 1st credit so am a little wary of dealing with them, hopefully someone can advise.

 

Thank you

 

H

[AndyOrch]

Hi HC and Welcome to CAG

 

I have moved your thread to the appropriate forum were you will get the best advice on how to deal with this.

 

Judging from your 1st post you have a lot to learn and need to read a few threads involving this DCA.

 

 

Regards

 

Andy

[happycaravan]

Thank you - i will get reading

[AndyOrch]

Plenty in this forum and the Financial Legal forum for you to research...you can also search 1st crud by typing it into the search box (top right under our Logo)

[happycaravan]

Just in the process of searching/reading as i type.

 

Although this is my first post (above) i have 'lurked' on the forums for many months so consider myself to have a fair bit of knowledge on debt issues etc,

 

this is the first time i have come across 1st credit however, hence my question.

 

I would send a CCA but as i say i really dont want them to start applying late reports etc to my credit file as it's quite stable at the moment.

 

So not sure which route to take with them, i know for sure that speaking to them on the telephone isnt an option, the calls began today!

 

Thank you

again

[AndyOrch]

Well a CCA section 78 request is a must for starters...this puts them on notice that your not going to be harassed into paying something that may not be outstanding.As for markers the default can only show for a max of 6 years anyway...irrespective of who now legally owns the debt.

[dx100uk]

when did you take this account out?

is is showing on your credit file?

if so what is the defaulted date?

 

 

dx

[happycaravan]

OK thank you Andyorch - that makes sense.

 

I have just checked my Clearscore account and that shows everything up to date,

no missed payment whatsoever

 

- not sure if that means anything but what im trying to say is that its not showing as in default as yet.

 

if i get a CCA in the post

- i highly doubt they will comply within the given time but is it best to keep up repayments or wait until they respond to the CCA?

And can they smear my credit report in the meantime?

Thank you so much - i really appreciate it

 

Hi dx100uk, sorry my post crossed i think.

 

The account was taken out in 2010,

its showing on clearscore as everything up to date,

no missed payements and no defaults...

[AndyOrch]

Yes if your happy to continue to make payments and see what comes of your request.......if they cant comply then you can reevaluate.

[happycaravan]

Thank you - my credit score has never been great so it probably sounds strange but im quite proud of it right now! Thank you for your advice and time.

[ericsbrother]

you mentioned in your opening post that the charge fee rate has been reduced.

you are probably paying a lesser level of unlawful charge than before.

That doesnt make it lawful,

 

get calculating what you have been charegd and recalim it.

 

Also interest on fees isnt applicable as that is not part of a loan or credit agreement

I bet they have charged interest on these fees.

Something else to reclaim.

 

If the debt has been sold on then 1st Crud will owe you the money.

Wont that be fun to make them pay out more than they can earn from the debt

[happycaravan]

hi ericsbrother,

yes due to financial issues

we offered them a set amount each month (on the condition that interest and fees were on hold)

 

they agreed so we have paid that ever since.

 

Is that what you meant?

there may have been late payment fees added to the account before that but im not sure how i'd find out,

 

can i ask 1st crud (love that!!) for a statement etc?

or do i need to do a SAR?

 

Thank you for your post

 

H

[ericsbrother]

you should have been receiving annual statements from the outset.

If you dont have these then you can submit a SAR to get them and any other info from JDW.

 

Costs a tenner but it will help you enormously to know exactly what you owed at the default date, what charges were added etc and what the outstanding balance is supposed to be now.

 

As 1st Cud own the debt,

any repayment of unlawful charges and interest comes out of their pocket!

[happycaravan]

hello,

 

A quick update, I have recieved a 'response' to my SAR. However it contains only the following:

*Copy correspondence

*Notice of assignment

*Copy 1st Credit payment history

*Copy system notes

 

There is a note which says 'we can confirm that the following are not currently held by 1st credit and therefore have not been provide: copy of the credit agreement and copy statements. If you require these we can request these from the original creditor upon your request.

 

 

They have not placed the account on hold whilst they drag their feet providing this info.... so im still paying at the mo. I'm guessing i reply and tell them i need the info i originally requested? Thanks so much for everyones help so far!

[dx100uk]

sar should have gone to the original creditor

as it says in post 13

 

CCA request to 1st credit

[happycaravan]

Oh wowzer! my fault - i misinterpreted that because the debt has been assigned to 1st credit so (wrongly) assumed everything had to go to them now. Ok, so is it too late to SAR the JD Williams now? CCA was sent to 1st credit on 20/09 but no response as yet...

[dx100uk]

yes ofcourse you can.

 

if 1st credit have failed your CCA request

then one wonders why you are paying them still?

[happycaravan]

Im really useless at this aren't I??

My credit rating is in a good place and i don't want them to start adding defaults so hence why im still paying etc, how do approach it otherwise? And how do i get them to comply with the CCA?

[dx100uk]

so this debt is not showing?

 

dx

[happycaravan]

Oddly it is showing as a 'closed' account - it says 'You closed or settled your JD Williams TA Simply Be account'.....

 

there is no mention of 1st credit anywhere. Is that normal?

[dx100uk]

I would suspect this account is years old?

and was already defaulted by JDW more than 6yrs ago and has been removed under the 6yrs defaulted rule

so cannot comeback.

[happycaravan]

I don't recall ever having a default notice,

i have been paying a reduced payment for a long time (at least 4-5 years) so thats probably why they sold it on,

 

to be fair to JDW they froze the interest so the debt has been genuinely reducing each month its just taken time.

 

Quite possibly in the early days when i first had difficulties there may have been fees added but its so long ago i can't actually recall so would need statements etc to verify that and 1st credit haven't sent them so if i start with the SAR to JDW and see what that brings?

 

Am i within my rights to request that they place the account on hold whilst i give JDW time to provide the statements and do JDW have to provide such info anyway now that the debts been sold on? sorry for all the Q's?

[dx100uk]

defaulted date should be on the closed account summary

 

pers id not be tell 1st crapit anything

 

they've failed the CCA

end of.

 

when did you open the account?

[happycaravan]

It was 2012 i think, we need to apply for a mortgage so my credit score is important and i cant risk them damaging it so need to prevent any negative impact to that at all costs. If it had defaulted within the last 5 years wouldnt it still be shown on my credit record?

[dx100uk]

exactly you are learning.

are you sure you only opened this catalogue account in 2012?

that does seem correct with whats gone on.