Travelgirl vs J D Williams

[Tools]

New thread for Travelgirl

[travelgirl]

Re: Travelgirl vs J D Williams

ty tools
i have a thread with it all in so guess i will transfer it all here then it will give others a chance to see what im on about lol
tg
------------------------------- merged -------------------------------
where do I start mmmmmm
It all started when my husband was made retired due to ill health, although there is a pension he cannot get it until he reaches the age of pension, he is 49 this year. This was two years ago. he worked for royal mail.


We had a mortgage from kennisington and to cut a story short, we had to buy to rent, we had to sell our house and rent it back. Kensington was threatening us with repossession but we had taken out the p/protection.

They paid it for a year only , and at that they didnt pay the full amount which was nearly £500 p.m. then out of our monies which then was sick pay and my dissability we had arranged to pay £150 we knew we could afford it but did pay.
then we phoned up and said we were trying but am finding it hard they wasnt bothered they was asking if we could pay 200 pounds a month that was it, so in the end we had to do what we did which was sellyourhouse and rent back.

Anyhow we are still in our house but rented now, so I let my clubs vanquis credit card, jd williams fashionworld know of my situation I had some probs with them and so we went to c.a.b. and told them everything. I am on disability
c.a.b. helped and wrote letters etc but Vanquiss stopped the p/protection because it was my husband at the time who was on sickness and they stopped my p/protection payments because of this (They stopped your pp because your husband was on sick leave?) no they stopped p/p because it was in my husbands name and not mine, after a yr they decided to stop it on the grounds sick note in hubbys name not mine.


I phoned them up vanquis and asked why had they decided to stop my p/p, and they said because it was in my husbands name in the sick note and not mine. IS this the same card? One account two card holders? one account which is mine.

telephone conversation

But you have been paying it for a year ( i said to vanquis credit card, and nothing was said at that time and when i spoke to the advisor and explained when he mentioned p/p to me i said but its my husband that is sick and gets med notes for himself and his work this is before they decided to retire him on the grounds ill health siatica of the lower spine with pains in right and left legs and groin pain (Not sure what you mean) he said the advisor that i can go ahead they call it freeze the account then when they sent me a letter saying that they are stopping payments i couldn’t get anywhere with them, so they referred me to 1st credit. I argued with them, it went from one to another (DCA’s?) yes

At the moment I don’t know who is handling it as I got a letter from cahoot for vanquis and then the next day I got a letter from a different collector, bear in mind that jd williams and vanquiss have had the letters (from you and CAB right? ) yes and for the debts to be writen off they sent a no no letter jd williams I sent them a re think write off letter again never heard from vanquiss or jd williams.apart from jd williams being akward and kept asking for £10 then £5 then £4 amonth thats when i sent another letter jd williams i cannot afford this offered a £1 a month and sent them income and expenditure list
They were also asked to freeze the admin charge vanquis has froze theres but jd Williams has not. They have kept it on going so now instead of it being just under a thousand it’s now with admin and interest charges, over £2146.45 this amount is dated 25th June.

So I guess it will be more when Julys comes.

I really don’t know anymore

vanquis never replied to the letter i sent asking them to consider writing of the debt.

[Tools]

Re: Travelgirl vs J D Williams

ty tools
i have a thread with it all in so guess i will transfer it all here then it will give others a chance to see what im on about lol
tg

Is the thread on LB? If so put a link in here

[travelgirl]

Re: Travelgirl vs J D Williams

tyvm tools
how do i move everything over to here please ty
tg
------------------------------- merged -------------------------------
hello
I am travelgirl and my story is quite long but i shall try and keep it as briefly as possible for you.

where do i startmmmmmm
it all started when my husband got made retired under ill health, although there is a pension he cannot get it untill he reaches the age of pension age he is 49 this yr thi s im talking about is about 2 yrs ago
we had a mortgage and cut a story short we had to buy to rent we had to sell our house and rent it back kensignton was threatning us with repossion but yes we took out the p/protection but they paid it for a year only that was it so we in the end had to do what we did ,anyhow we are still in our house but rented now, so i let my clubs know of my situation i had some probs with them and so we went to c.a.b. and told them everything i am on dissability c.a.b. help ed and wrote letters etc but vanquiss stopped the p/protection because it was my husband at the time who was on sickness and they stopped my p/protection payments because of this i phoned them up and sasked why had they decided to stop my p/p and they said because it was my husbands not mine but you have been paying it for a year couldnt get anywhere with them, so they refered me to 1st credit and i argued with them it went from one to another in which at the moment i dont know who is handling it as i got a letter from cahoot athen the next day i got a letter from a diffrent collector bear in mind that jd williams and vanquiss has had the letters and for the debts to be off they sent a no no letter i sent them a re think write off never heard from vanquiss or jd williams they were also asked to freezwe the admin charge vanquis has but jd williams isnt they have kept it on going so now instead of it being just under a thousand its now with admin and interest chargesover £2146.45 this amount is dated 25th june so i guess it will be more when julys xcomes
i really dont know anymore
tyvvm for listning
take care
hugs
travelgirl
------------------------------- merged -------------------------------
hi sapphire & tom, thankyou so much for your replies so quick as well aw bless ty both i do normally read through before i submit but as you noticed sapphire lol
tom no love i was 9hundred and something in areas with mortgage with kensignton, we did go to a solicitor and even she was shocked for such a small amount.......
the two thousand adn odds is the jd williams/fashionworld all there admin charges and interest charges added on thats made it so high and i talk about the banks huh
i will re read my posting sappire tyvvm
hugs take care
travelgirl
------------------------------- merged -------------------------------
Ive edited a bit to make it easier to read and I have a couple of questions in red xxx

aw bless tyvvm hun for helping me i will be posting what i have saved on here as well tyvm
where do I start mmmmmm
It all started when my husband was made retired due to ill health, although there is a pension he cannot get it until he reaches the age of pension, he is 49 this year. This was two years ago. he worked for royal mail.


We had a mortgage from kennisington and to cut a story short, we had to buy to rent, we had to sell our house and rent it back. Kensington was threatening us with repossession but we had taken out the p/protection.

They paid it for a year only , and at that they didnt pay the full amount which was nearly £500 p.m. then out of our monies which then was sick pay and my dissability we had arranged to pay £150 we knew we could afford it but did pay.
then we phoned up and said we were trying but am finding it hard they wasnt bothered they was asking if we could pay 200 pounds a month that was it, so in the end we had to do what we did which was sellyourhouse and rent back.

Anyhow we are still in our house but rented now, so I let my clubs vanquis credit card, jd williams fashionworld know of my situation I had some probs with them and so we went to c.a.b. and told them everything. I am on disability
c.a.b. helped and wrote letters etc but Vanquiss stopped the p/protection because it was my husband at the time who was on sickness and they stopped my p/protection payments because of this (They stopped your pp because your husband was on sick leave?) no they stopped p/p because it was in my husbands name and not mine, after a yr they decided to stop it on the grounds sick note in hubbys name not mine.


I phoned them up vanquis and asked why had they decided to stop my p/p, and they said because it was in my husbands name in the sick note and not mine. IS this the same card? One account two card holders? one account which is mine.

telephone conversation

But you have been paying it for a year ( i said to vanquis credit card, and nothing was said at that time and when i spoke to the advisor and explained when he mentioned p/p to me i said but its my husband that is sick and gets med notes for himself and his work this is before they decided to retire him on the grounds ill health siatica of the lower spine with pains in right and left legs and groin pain (Not sure what you mean) he said the advisor that i can go ahead they call it freeze the account then when they sent me a letter saying that they are stopping payments i couldn’t get anywhere with them, so they referred me to 1st credit. I argued with them, it went from one to another (DCA’s?) yes

At the moment I don’t know who is handling it as I got a letter from cahoot for vanquis and then the next day I got a letter from a different collector, bear in mind that jd williams and vanquiss have had the letters (from you and CAB right? ) yes and for the debts to be writen off they sent a no no letter jd williams I sent them a re think write off letter again never heard from vanquiss or jd williams.apart from jd williams being akward and kept asking for £10 then £5 then £4 amonth thats when i sent another letter jd williams i cannot afford this offered a £1 a month and sent them income and expenditure list
They were also asked to freeze the admin charge vanquis has froze theres but jd Williams has not. They have kept it on going so now instead of it being just under a thousand it’s now with admin and interest charges, over £2146.45 this amount is dated 25th June.

So I guess it will be more when Julys comes.

I really don’t know anymore


------------------------------- merged -------------------------------
yes love thats right
yes tom im on dla
hubby is on incapcity
no ccjs yet
cahoot acting for vanquis credit card
------------------------------- merged -------------------------------
hi wendy tyvm for your post here lol
well i do have statements ive been on it most of the day but they dont print out like the banks but i will look all i know is that when i got statements although the pp was paid it was only the very basic transactons rop £6.34 they paid low payments heres one dated 19 june 2006 1,093.35 total transactions 6.34=balance 1,099.69
thats a statement i just grabed yet on the pp it says

you become sick, disabled, have a accident which effects ability to make payments take leave from work to take care of partner who u have lived with 6 months or an immediate family member family membersuffer loss of income so when i phoned vanquis i was told by the male advisor i would be covered mmm seems strange how they stopped and i had sent them sick notes from the doctor every time hubby got them and they sent it back normal procceedure
im off now to get the rest all together found the letter i sent them to write of but never heard a thing from them
take care
hugs
------------------------------- merged -------------------------------
i forgot to say i had an excellent record so vanquis said in them words as it was alwys paid on time it was only sice hubby came of work 31st dec 05 he couldnt walk lie etc this was 11pm cut a story short he has siactica lower back with groin n leg pain i did still pay them then when i couldnt this is when i phoned and explained situation and there n then i was told about pp and freeze well froze qccount the rest ive already said about them
Last edited by travelgirl; 15th July 2008 at 19:38:PM. Reason: Automerged Doublepost
------------------------------- merged -------------------------------
wendy hi
i have all the statements i am going to go through them now will post back tyvm for your help
hugs

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[Forum Home] [Top] #15
22nd July 2008, 06:40:AM
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Re: debt agencies collectors
sorry for delay not been to good tyvm
xx

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[Forum Home] [Top] #16
27th July 2008, 12:41:PM
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Re: debt agencies collectors
still waiting on vanquis to answer my letter

heres the upday on jd williams here is there letter they have had the same as vanquis hardship letters, expenditure n incomes, many times as well as write off the debt n 2nd letter to re think
Morning all
Well heres the replies I have got from JD Williams

Dear xxxxxxxxxxxxxxxxx

Thankyou for your letter we recived on the 25th July 2008 the contents of which we note.

In relation to your request for a copy of the excuted agreement under section 78 of the CCA 1974 under regulation 3 (2)(b) of the CA (Cancelation Notices and Copies of Documents) Reg 1983 there is no requirement to provide a photo copy of the agreement bearing your signature it is sufficent that we supply you with a “true copy” need not bear the debtor’s signature or, in our case the date of the agreement. We are there enclosing a ‘true copy’ of the credit agreement when you opened the account in feb 2006.


The currant balance on your Account 381.61 with arears of £24.00. In jamiary 2008, as a result of financial difficulties your payment rate was reduced to £4 each month with all credit charges suspended.

13 payments have been made made to the account to date are £234.44.

Based on the balance and repayment rate and if no futher transactions take place againt the account a total of 90 instalments are expected to pay, the balance in full consisting of 1 payment of £28 pounds then 88 payments each month thereafter 0f £4 and 1 final payment of £1.61.

Please ffind a enclosed detail of the breakdown of the account dating back to feb 2006, which includes all transactions against the account for your information.

The absence of an excuted agreement will affect our ability to pursue this matter through the courts but not in our right to seek payment through our normal collections methods short of court proceedings.
If however it is your decision not to make any futher payments to the account on the basis that the signed credit agreement has not been provided collections activity will cease though we would like to make it absolutely clear to you that should you take the decision not to make any futher payments to the account you no-payment will be reported to the relevant credit reference agencies which will remain for a period of 6 years.

We await hearing from you

************************* ************************* *****************

MY COMMENTS
The credit agreement they have enclosed is a photo copy but where its asks for customer details they have wrote in blue ink my name and address so therefore it isnt a photo copy as yes the agreement it self is but was blank then they wrote details in blue ink if this was a photo copy then it would have printed it in black using black ink even the colour ink wouldn’t show up like this one.

The above account was opened over the internet under card craft or something like that so I applied online but when I got them I didn’t know untill parcel had arrived that it is the same company this is how I managed to get 2 accounts had I have known I would have taken it so therfore my next letter the blance and dates are different as the one im going to put now is the orginal one I opened………


Same letter as above but different figures and dates
But please bear in mind that most of these are credit charges and admin charges which continued and has gone up up up
When citizens advice beauro took up my case they said they have more money going out than coming in and even they wrote as well as I to write of the debt my then 2nd letter was to re write to them asking again to rigt of this debt but no they insisted me paying jd williams sent a letter to them asking for me to pay £4 a month I said where am I going to get 4 pounds a month from when we havent got it gggggggrrrrr
I said in my letter I would pay them £1 a month but I never got a reply.

So now here are the different amounts etc again most of these are admin charges and credit charges as follows

The current outstanding balance £2207.64 in november2004

65 payments have been made to the account to date totaling £2255.78
the amounts to pay each is the same as above first letter

thankyou for reading and any help on what I do next
yes ive resent a letter from your fourm think it was letter N
asking them to reconder the decision to write of the debt.
Or accept £1 per month guess what yes u guessed
NO REPLY and they have refered me to reliable collections



so here is what i got yesterday (saturday)
------------------------------- merged -------------------------------
still waiting on vanquis to answer my letter

heres the upday on jd williams here is there letter they have had the same as vanquis hardship letters, expenditure n incomes, many times as well as write off the debt n 2nd letter to re thMorning all
Well heres the replies I have got from JD Williams

Dear xxxxxxxxxxxxxxxxx

Thankyou for your letter we recived on the 25th July 2008 the contents of which we note.

In relation to your request for a copy of the excuted agreement under section 78 of the CCA 1974 under regulation 3 (2)(b) of the CA (Cancelation Notices and Copies of Documents) Reg 1983 there is no requirement to provide a photo copy of the agreement bearing your signature it is sufficent that we supply you with a “true copy” need not bear the debtor’s signature or, in our case the date of the agreement. We are there enclosing a ‘true copy’ of the credit agreement when you opened the account in feb 2006.


The currant balance on your Account 381.61 with arears of £24.00. In jamiary 2008, as a result of financial difficulties your payment rate was reduced to £4 each month with all credit charges suspended.

13 payments have been made made to the account to date are £234.44.

Based on the balance and repayment rate and if no futher transactions take place againt the account a total of 90 instalments are expected to pay, the balance in full consisting of 1 payment of £28 pounds then 88 payments each month thereafter 0f £4 and 1 final payment of £1.61.

Please ffind a enclosed detail of the breakdown of the account dating back to feb 2006, which includes all transactions against the account for your information.

The absence of an excuted agreement will affect our ability to pursue this matter through the courts but not in our right to seek payment through our normal collections methods short of court proceedings.
If however it is your decision not to make any futher payments to the account on the basis that the signed credit agreement has not been provided collections activity will cease though we would like to make it absolutely clear to you that should you take the decision not to make any futher payments to the account you no-payment will be reported to the relevant credit reference agencies which will remain for a period of 6 years.

We await hearing from you

************************* ************************* *****************

MY COMMENTS
The credit agreement they have enclosed is a photo copy but where its asks for customer details they have wrote in blue ink my name and address so therefore it isnt a photo copy as yes the agreement it self is but was blank then they wrote details in blue ink if this was a photo copy then it would have printed it in black using black ink even the colour ink wouldn’t show up like this one.

The above account was opened over the internet under card craft or something like that so I applied online but when I got them I didn’t know untill parcel had arrived that it is the same company this is how I managed to get 2 accounts had I have known I would have taken it so therfore my next letter the blance and dates are different as the one im going to put now is the orginal one I opened………


Same letter as above but different figures and dates
But please bear in mind that most of these are credit charges and admin charges which continued and has gone up up up
When citizens advice beauro took up my case they said they have more money going out than coming in and even they wrote as well as I to write of the debt my then 2nd letter was to re write to them asking again to rigt of this debt but no they insisted me paying jd williams sent a letter to them asking for me to pay £4 a month I said where am I going to get 4 pounds a month from when we havent got it gggggggrrrrr
I said in my letter I would pay them £1 a month but I never got a reply.

So now here are the different amounts etc again most of these are admin charges and credit charges as follows

The current outstanding balance £2207.64 in november2004

65 payments have been made to the account to date totaling £2255.78
the amounts to pay each is the samr as above first letter

thankyou for reading and any help on what I do next
yes ive resent a letter from your fourm think it was letter N
asking them to reconder the decision to write of the debt.
Or accept £1 per month guess what yes u guessed
NO REPLY and they have refered me to reliable collections



any offer of what i should do next please tyvvvvvm
they know i cannot afford this that is why i offered £1 a month
they never reply to this

take care
travel girl.
Last edited by travelgirl; 27th July 2008 at 12:46:PM. Reason: Automerged Doublepost

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[Forum Home] [Top] #17
31st July 2008, 11:54:AM
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Re: debt agencies collectors
hello
bumping up
please can anyone advise my next move thankyou so much

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[Forum Home] [Top] #18
4th August 2008, 06:58:AM
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Re: debt agencies collectors
popped in for any updates
------------------------------- merged -------------------------------
FROM CURLY BEN
I'm sorry but JD are talking Ball Hooks here.

Quote:
In relation to your request for a copy of the excuted agreement under section 78 of the CCA 1974 under regulation 3 (2)(b) of the CA (Cancelation Notices and Copies of Documents) Reg 1983 there is no requirement to provide a photo copy of the agreement bearing your signature it is sufficent that we supply you with a “true copy” need not bear the debtor’s signature or, in our case the date of the agreement. We are there enclosing a ‘true copy’ of the credit agreement when you opened the account in feb 2006.


Well as a true copy must contain ALL the prescribed terms and be executed they have simply supplied you their normal reconstituted attempt. This agreement MUST comply with s61 of CCA74 and JD's tend not to.

The required terms are credit limit, APR and repayment interval along with BOTH your and their signatures.

Throw this at JD.
Quote:
Account In Dispute
Dear Sir/Madam

ACCOUNT NUMBER:

I refer to your letter dated xxxxx, the contents of which are noted.
I note that you have sent me a copy of an unexecuted, reconstituted sample agreement from you.

The document that you are obliged to send me is a true copy of the executed agreement that complies with section 61 of the Consumer Credit Act 1974. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

**OC** had a statutory time limit in which to reply with the requested information; that limit expired on **DATE** at which point **OC** entered into Default under Section 78 (6)(a) of the Consumer Credit Act.

A further statutory time limit expired on **DATE** at which point **OC** failed to comply with Section 78 (1) and thus committed a criminal offence under Section 78 (6)(b) of the Act.

The document I have now received on **DATE** does not comply with the Consumer Credit Act requirements for a Properly Executed Agreement. The Section 78 default alone would render the agreement unenforceable and the incorrect documentation merely confirms the fact.

Please also note that until such time as you do provide me with a true copy of this document, the agreement remains unenforceable and no further payments will be made.

I would appreciate your due diligence in this matter.

I now consider the matter closed.


Yours faithfully,Blah

__________________

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** NOTE: While dealing with DCA's my aim is always to have the debt returned to the Original Creditor for action. **


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------------------------------- merged -------------------------------
wow tyvvvm
i today have recived this not sure if i understand it much bear with me plz while i type it out ty

here goes
IMPORTANT CHANGES TO YOUR CREDIT AGREEMENT

dear xxxxxxxxx
we have updated the terms of your credit agreement to reflect current market practicde and also to reflect satatutory changes introduced by the cca act 2006

a summary of the changes is swet out below abd we enclose a copy if tge updated ter ms and conditions

NOTE THAT THESE WILL BE TAKEN INTO EFFECT FROM 1ST SEPT 2008

KEY FINANCIAL INFOMATION
As we keep the minimum payment required of customers under view esp for customers who have established a consistent payment record with us we have emphasised this in the text in addition we have made it clear that where you have failed to make payments
it dies remain outstanding so that on the next payment date your mininmum payment
will also include any previous mininmum payments you have not made

2. KEY INFORMATION AND CONDITION 5
We reserve the right to apply admin charge where you fail to make a payment or if any credit or debit card payment is rejected or any cheque you submot and is dishonoured or direct debits is not paid we have set out this in full in condition 5

LIKEWISE IF YOU FAIL TO MAKE A PAYMENT DUE AND WE HAVE TO UNDERTAKE ACTIVITIES TO RECOVER THESE MONIES FROM YOU INCLUDINGF INSTRUCTING ANY COLLECTIONS AGENCY WE RESERVE THE RIGHT TO RECOVER THE COST OF COLLECTION FROM YOU

3. CONDITION 4
WE HAVE CLARIFIED THE ORDER OF ALLOCATION OF PAYMENTS YOU MAKE TO YOUR ACCOUNT TO FIT IN WITH THE CCA 2006 ACCORDINGLY PAYMENTS ARE FIRST APPLIED TO CREDIT CHARGES ON ANY ADMIN CHARGES AND THEN TO THE ADMIN CHARGES THEMSELVES BEFORE APPLYING THEM TO THE CREDIT CHARGES AND CAPPITAL ON YOUR ACCOUNT
***********************END************************ ***********

BUT THEY HAVE ALREADY BEEN APPLYING THEM TO MINE AS YOU CAN SEE BY THE POST I HAVE PUT IN OH AND THEY HAVE ENCLOSED A CREDIT AGREEMENT NO NO I AM NOT SIGNING IT
------------------------------- merged -------------------------------
**OC** had a statutory time limit in which to reply with the requested information; that limit expired on **DATE** at which point **OC** entered into Default under Section 78 (6)(a) of the Consumer Credit Act.

A further statutory time limit expired on **DATE** at which point **OC** failed to comply with Section 78 (1) and thus committed a criminal offence under Section 78 (6)(b) of the Act.

SORRY TO BE THICK HERE WHAT DOES oc MEAN
TY
ABG X
------------------------------- merged -------------------------------
tyvvm for all your help
------------------------------- merged -------------------------------
still no word from vanquis
Last edited by travelgirl; 4th August 2008 at 18:01:PM. Reason: Automerged Doublepost
------------------------------- merged -------------------------------
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Re: debt agencies collectors
TG, don't worry about JD's latest missive as it doesn't change anything at all.
__________________

The Law is a Double Edged Sword and the Consumer's Edge has been Sharpened. ©CB07

** NOTE: While dealing with DCA's my aim is always to have the debt returned to the Original Creditor for action. **


All new tech blog, come and check it out: BlueNosedDog | technology news

[travelgirl]

Re: Travelgirl vs J D Williams

Tools
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Re: debt agencies collectors
Hi Travelgirl

Although not strictly a credit card account, have a read of my thread Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

Just so you get some kind of idea of JD Williams tactics and their constant bull**** that they try and feed you. If there is not an executable CCA, they will still swear blind there is.

Good luck

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------------------------------- merged -------------------------------
thankyou all for your help
well cabhoot r cahoot is acting on there behalve vanquis
they phoned me today ane they said they would like it paying in full huh

i havent got it and now i am going to be pestered by them phoning me i am going to seee if i can get the letter as well
not heard from jd williams since or should i say since
------------------------------- merged -------------------------------
oh dear what am i like
your right dca they are phoning for the full amount its gone up as well vanquis has never acknowledged my letters
hugs
tg
------------------------------- merged -------------------------------
what do i say to these people i am now fed up they phone 2/3/4 times a day
------------------------------- merged -------------------------------
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Re: debt agencies collectors
Hi Travelgirl,

I am sure there will be others that can suggest where you go from here, have you sent the telephone harassment letter?


Legal Beagles

It might just help
------------------------------- merged -------------------------------
hi all
heard nothing more from them do i remind them or just leave it till i hear again? tyvm
hugs
TG
------------------------------- merged -------------------------------
well not a word from jd williams nothing at all so it has left me wondering what there next move is?
cabot think i got it right well they phoned me last week asking for vanquis payment in full i told them what had been happening and they said they will contact CAB themselves ive not heard any miore from them so what do i send them i have sent vanquis hardship expenditure same to jd williams but they refuse to write of the debr
hugs
TG

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[Forum Home] [Top] #33
22nd September 2008, 18:55:PM
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Re: debt agencies collectors
hi all well i still have not heard anything at all from jd williams
are they just waiting till they pounce on me again or not
im not to sure
ty for helping
now im trying to find the welcome fiance thread be back soon hugs
tg

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[Forum Home] [Top] #34
13th October 2008, 04:35:AM
travelgirl
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Re: debt agencies collectors
oh no jd williams has now sent letter they are refering me to moorcroft then a door step collection
help what do i do please
hugs
tg

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[Forum Home] [Top] #35
13th October 2008, 04:49:AM
Curlyben
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Re: debt agencies collectors
Other than laugh at them.
I assume JD still haven't complied with your CCA ?
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hi curlyben,
all they sent was papers and the same as u no signing of an agreement etc
not heard in ages had silly replies from them well not silly ones yeah stupid none of which made sence like yourself and i just left well alone and out of the blue yesterday there it was so what do i do now
apart from laugh at them lol
tg
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they have now jd williams started sending statements again and a letter to let me know they are refering me to debt agency collectors
what do i do or say to them
please help needed on this one
tyvm
tg

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[Forum Home] [Top] #39
27th October 2008, 18:19:PM
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Re: debt agencies collectors
BUMP on this one
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Re: debt agencies collectors
Ok TG throw this at JD and see what they have to say for themselves:

Quote:
Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore


You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.


Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully
BLAH

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** NOTE: While dealing with DCA's my aim is always to have the debt returned to the Original Creditor for action. **


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------------------------------- merged -------------------------------
thankyou so much will keep you updated as and when i get a reply
tyvm
tg

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[Forum Home] [Top] #42
Today, 06:08:AM
travelgirl
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Re: debt agencies collectors
ty all for your replies no i didnt know about a harrisment letter lol
ok i have heard ziltch from jd williams since sending the letter to them as sujjested from here and now i have recived a letter from moorcroft legi.......................
i have told them that it is in dispute but moorcroft still sent the letter and threatning to call to my house and court costs they have added
cabot is for vanquis
hugs
tg

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hello all well i have been reading the thread but i am now at the stage when i got to yes the letter saying now with moorcroft etc the same letter in post no35
so upon me reading which letter do i send now tyvvm
tg
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Re: Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections
Hi Travelgirl

Could you post up your progress so far in here Travelgirl vs J D Williams

Also you say the letter in post #35 , there is no post #35 can you link to/quote the one you mean please
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oh im sorry tools i dont know why 35 is on my mind perhaps i should do 35 on the lotto hotpicks lol thyvvm
tg
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was thread 12 where jd w is refering to moorcroft
tg
Last edited by travelgirl; 13th October 2008 at 05:18:AM. Reason: Automerged Doublepost

[travelgirl]

Re: Travelgirl vs J D Williams

hi well i have got a letter now from yes you have guessed sadra solictors i will post when i copy it for you
just states the same not legal for a signed true copy etc will be back
tg

[Tools]

Re: Travelgirl vs J D Williams

Sorry TG, have just tried to catch up on this but its quite hard as the thread is a bit overpowering now.

What is the state of play so far..........briefly.

When I can work that out I`ll help you as best I can.

[willowb]

Re: Travelgirl vs J D Williams

tried to catch up on this but its quite hard as the thread is a bit overpowering now.

.

LOL that's an understatement! I gave up near the first post

Wxxx

[gjr1960]

Re: Travelgirl vs J D Williams

JD Williams have a habit of ignoring important things like complying with the law, ask to inspect the original agreement by attending at their office ! any copy of the agreemnt must be a true copy not simply a constructed facimilie. Also get a full breakdown of what they say is owed the majority will be excessives charges many of wich could be construed as penalties and potentially unenforcable.