hi all, really really need some help !!

[annjayne]

:tongue2:new to this so dont no if im doing it ok. i really need help with jd williams. iin the last 6 yrs i have gone through a messy divorce and had to move home, ex still lives there, he withheld my mail, i had a couple of accounts with simply be simply yours etc, all jd williams firms.since settling back down in a new home job etc, jd williams have sent at least 5 debt companies after me, scottcall, fredrickson, to name a couple, i have paid these companys about 12hundred pounds between them always asking for proof the matter is closed, but never recieving it. the last payment of £135 was made last week to a company that sent a reciept. but this week i have recieved another 2 bills for £135 and £1000 and something for jd williams. i believe as my name has changed they just keeping sending these things out!!! i dont no what to do, i am so peed off and scared how do i ever stop this, just seems never ending, theres no help from any of the, i have written and written to jd william never with any use. please can some one help me get my life back

[CleverClogs]

Re: hi all, really really need some help !!

Have you sent the muppets at JD Williams a request for a true copy of your credit agreement, under section 78 (link) of the Consumer Credit Act 1974?

[annjayne]

Re: hi all, really really need some help !!

hi thanks for reply, no sorry real thick on all this, i will have a read of your link thanks again x

[FlamingParrot]

Re: hi all, really really need some help !!

Below is the letter you have to send to request a copy of your credit agreement under the legislation quoted above (s.78 of the CCA). A lot of JDW customers were provided with goods without ever having signed a credit agreement, in which case they won't be able to provide you with one and the account would be unenforceable. When did you start buying from JDW? Was it before or after April 2007? That may be important in case there is no compliant agreement.

The letter should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Yours faithfully,

[annjayne]

Re: hi all, really really need some help !!

thank you both, have copied letter up and am ready to post. wish me luck