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hi all, i put a post on last month about cabot financial, acting on behalf of jd williams. i had a few accounts with jdwilliams over the years, to cut a long story short i went through a messy divorce and x withheld all my mail.so now 5 and half yrs on i am rehomed and settled. in the last 5 yrs jdwilliams have hounded me for money, i have paid them back over £12 hundred to different debt agancies. each time one of these is paid off i have asked for a reciept but none have come forward. as i dont have any paperwork from my previous life ive found it very hard to keep on top of the accounts. well last month i had a letter from cabot fin saying i owe £1000 and something for one acc and £200 for another, now i am sure these have been paid, and sent them copy bank statements to prove it. but no they are now saying they are different acc for the same catalouges!!! i have after advice on here sent jdwilliams a request for a true signed copy of my credit agreement on the 9th oct but have recieved nothing from them. please can someone tell me what to do next, why should i pay all this out again to another company, there must of been so much interest added to all this.. please please can someone help me ????? any help will be greatly excepted, as im as thick as you no what about all this, have i sent my letter to the correct people asking for true copy by sending it to jd williams or should i of sent it to debt agency ? see what i mean thick!!! and in need of help .
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Re: please help again
So you didn't receive a reply to the CCA request you sent on Oct 7th, as posted on your other thread? http://www.legalbeagles.info/forums/...ht=#post377081
You can send a CCA request to either the DCA or the original creditor, if it's the DCA, they'll have to contact the OC for the documents.
Are you being chased by Cabot for these accounts? If so, there's a letter you can send, stating that JDW are in default of your CCA request, however, if you are not being chased, it's best just to let sleeping dogs lie.
Bear in mind the CCA request is just a request for a copy of your agreement and a statement of account, not historical data such as statements. If you want to get hold of those, you'll need to send a SAR to JDW. -
Re: please help again
Below is a SAR letter, which is something you could send to obtain copies of statements and other documents. That should produce historical data for the past 6 years at the very least, and will show any payments going towards your accounts. As a SAR is person specific rather than account specific, one SAR letter should cover all accounts you may have had with JDW.
The letter should be sent recorded delivery with a PO for £10. Sign it using a computer font rather than your real signature. :thumb:
Dear Sirs
Ref: xxxxxxxx
Subject Access Request - S.7 Data Protection Act 1998
Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system. If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.
Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.
Yours faithfully,Comment
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Re: please help again
thankyou for your help, will keep you upto date with progress:tinysmile_twink_t2: and yes have recieved another letter from cabot this week!!
is there a copy of letter for default of cca request i can copy anywhere please, many thanks again for helping meComment
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Re: please help again
Below is a letter for when the account has been passed to a DCA or debt purchaser and the original lender has not complied with a CCA request. If you sent the CCA request directly to the DCA, you'll have to edit the bits that refer to the original creditor. Sign using a computer font rather than your real signature. :thumb:Originally posted by annjayne View Post
Dear Sirs
ACCOUNT NO: xyz
Your attention is drawn to the fact that this account is subject to a serious dispute. On XX/XX/XX, I requested that [ORIGINAL CREDITOR] supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 77-79. To date [ORIGINAL CREDITOR] have failed to comply with my request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to [ORIGINAL CREDITOR] , nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974.
In line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that the OFT has stipulated the following;
Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. 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
As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place. 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.
Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.
Yours faithfully,
Sign using a computer fontComment
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Re: please help again
your a star, thanks so much,
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