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Sea-sidelady V JD Williams


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I started a claim against a catalouge called JD Williams on the 2nd June.

 

I have filed at court and they have filed a defense.

 

The debt went to a company called 1st credit.

I contacted them for the S.A.R - (Subject Access Request) which i recieved, but was informed i had to file against JD as all the payments i made was to them.

So i did.

 

All letters were then between JD and myself.

 

But now the defence says...

 

The defendants primary case is that the claimant has issued proseedings against the wrong legal entity.

The defendant contends that any sums due from the claiment to the defendant were sold to 1st credit limited, and insofar as the claiment has made any payment in respect of such sums these would have been made to 1st credit.

And therefore the claiment can have no claim against the defendant.

 

 

I have double checked with 1st credit, the debt was passed to them but no payments were made to them, all payments were to JD.

 

1st credit have now recieved notice that the account is closed.

 

 

I am waiting for the AQ.

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Nice try, but no cigar.

 

Who imposed the charges? JD

Who did you pay the charges to? JD

Who was your contract with? JD

 

Who do you sue? All together now... :wink:

 

If that's the best defence they can come up with, this should be fun.

But nice of them to admit that the monies are owed anyway. :razz:

If they chose to sell the account on, that's their problem, not yours. If you were to try and sue the DCA, they would -quite rightly- say they never got a penny from you.

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Thanks Bookie,

 

Post has just been and i recieved a letter from their solicitors.

 

Basically it says...

 

It is not commercially valid to defend the claim, for their costs, they will pay so much.

 

They now state they have re aquired the debt from 1st credit

 

The claim is for £449.34, the debt is £376.77.

 

They want to use the amount to clear the debt.

 

I dont think so!!

 

This debt has been passed all over the place, apparently it was at a company called Mackenzie Hall.

I sent a cca letter on July 6th, and have yet to get a reply.

 

So i think i should now send a nice letter, to say i want the money in a form of a cheque.

 

Just a thought, but if i sent the cca to Mac Hall, and now JD have took the debt back, should i send another cca to JD.

 

 

They are still huffing and puffing about it not being their responsibility. But are offering to pay most of it...:confused:

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CCA JD. Catalogue company, yes? They have no chance, and they know it.

 

Say you want money in form of a cheque. Your claims, your terms. I'll be standing behind you with a pitchfork to stop you taking one single step back. :-D

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I have no intentions of stepping back, and with that pitch fork there!!!!:eek:

 

So in the morning, a new cca and the rejection letter will be winging its way to them.:D

  • Haha 1

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  • 3 weeks later...

I still havnt heard anything from this claim.

 

But i did send a SAR for another 2 catalouges i had with them, which i recieved a letter requesting more information and another £10.

 

So all this will be sent back, and we shall see how long they take to send the details.

 

I dont actually owe anything on these as i paid of Robinson Way in 1 lump sum just before i found CAG!!:(

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Recieved a reply from solicitor today.

 

Basically saying we will pay £376.77 to clear the debt, and will send you a cheque for £72.57 as this is the difference of the claim. Obviously a gogw!

 

They wont pay me the full amount as....

 

'You have no grounds to claim a refund of sums that you havnt actually paid.'

 

Erm.....im claiming the charges i have paid!! :rolleyes:

 

So off goes another rejection letter today.

 

Also it has been 19 days since i sent the cca letter, so this will be included in the rejection letter.

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Recieved another reply from The solicitors.

 

She has sent me a cheque for £72.57, and have cleared the debt of £376.77.

 

They state:

 

'The amount they have offered is the FULL amount claimed. £449.34, and are unclear why i still feel the need to pursue this claim with the court.

 

I can confirm the outstanding balance has been credited from the account, which is now consedered closed. And we have notified the court it has been settled.

 

In respect to the CCA, a letter has been sent to you in relation to your Data Access request.

 

Call me directly on this number if you have any concerns.'

 

So i will wait until i recieve the reply from the CCA to see what they have to say. Although i am expecting they will be trying to get around it!

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Recieved an AQ today from the court, and i have to have it in by the 30th August.

 

So as far as JD is concerned the claim is done. I dont think so!!

 

I havnt heard anything back from the CCA i sent, so now that has been 22 working days.

 

Another rejection letter stating they cant take the money from the charges to pay off the debt as they havnt produced any paperwork.

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Go girl!

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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I have decided im happy with the claim as it is. They have cleared the debt which, after all is what i had to do anyway.

 

But i am still going after the removal of the default!

 

The CCA runs out on the 7th September, so i have the letter ready to send them on the 8th.

 

So i have half won so far...:rolleyes:

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Thanks Gizmo, ;)

HOW TO...DUMMIES GUIDE TO CAG...Read here

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

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  • 2 weeks later...

I unfortunately have just come across J D Williams - someone used my identity to obtain credit from them - which they approved without proper checks - and it appears to me they did not even raise an eyebrow when the order address was totally different from that on the electoral register.

 

They now accept I did not place te order but are now being particularly difficult on updating inaccurate information they have on me which I need to clear up to clear my name

 

I will read with interest how you get on with these people

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