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Reconstituted Agreement upon from Lowell for JD Williams. is it lawful

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  • Reconstituted Agreement upon from Lowell for JD Williams. is it lawful

    Hi I sent Lowell a prove it letter recently for an old debt from 5 years ago to see what paperwork they had. I recieved a print out with no information that tied the debt to me.
    It looked like a statement but I couldn't tell. They wrote saying that they were going to request a copy of the agreement.
    Today I recieved a reconstituted agreement with my name address and account number it is not signed by me but is signed on behalf of JD Williams.
    How can I verify the accuracy of this agreement as I'm sure I never signed one or seen it.
    Can I Sar JD Williams and see if I get the same agreement back ? I do not trust Lowell as i have had to deal with their dirty tactics in the past. if Jd Williams can't produce the CCA is it fair to presume Lowell have made their own agreement up based on previous cases ?
    Thanks
    Tags: None

  • #2
    Further more after doing a image search I can see the very exact same reconstituted agreement is on this post
    https://legalbeagles.info/forums/for...simply-be-debt
    I have contacted JD williams for a Full SAR Via email and requested that they confirm they indeed produced the reconstituted agreement. I smell fould play could anyone on here please advise me.

    Comment


    • #3
      I suspect that all JD Williams agreements from the same year will be the same. Do you know when you opened the account with them originally?

      They do only have to send a recon, unless you plead that you never had an account with them ( and they can't produce evidence otherwise like the statements/deliveries etc )
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Originally posted by Amethyst View Post
        I suspect that all JD Williams agreements from the same year will be the same. Do you know when you opened the account with them originally?
        It was opened in 2014 originally and I kept almost all my paperwork but can't find any Credit agreement with JD Williams. I'll happily post the agreement if you think it will help.
        Attached Files
        Last edited by mik3y; 11th November 2019, 21:54:PM. Reason: added pictures

        Comment


        • #5
          Please.

          Is your name and address printed or handwritten ? ( do cover it over before posting it on here )
          Have you any idea whether you made your first order online or by post through the catalogue?
          Seems odd to have the signature section if it was an online agreemen, and in 2014 you'd think it'd have been an online agreement.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Originally posted by Amethyst View Post
            Please.

            Is your name and address printed or handwritten ? ( do cover it over before posting it on here )
            Have you any idea whether you made your first order online or by post through the catalogue?
            Seems odd to have the signature section if it was an online agreemen, and in 2014 you'd think it'd have been an online agreement.
            I have included the photos in the above post for your reference.
            The name and address was printed.
            The account was opened online and only ordered online.
            I think Lowell are using it for all their JD accounts and amending when needed. I have sent a request to JD Williams today to see what they have to say. Am I correct if they produce no agreement it was simply made by lowells.

            Comment


            • #7
              Seems likely. The SAR from JD will be interesting.

              Does yours have the bit at the top about filling in and returning? (or retaining for your records) or have they left that off?

              If you signed the agreement online, it'd have been a X box or something like that, not a sign and return signature document, and you should have received an email at the time - don't suppose you keep your emails back that far?

              It does look like the agreement is from the correct time ( still refers to the OFT who regulated consumer credit until 1 April 2014 - and refers to the FCA who were set up after the FSA in April 2013 )



              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Originally posted by Amethyst View Post
                Seems likely. The SAR from JD will be interesting.

                Does yours have the bit at the top about filling in and returning? (or retaining for your records) or have they left that off?

                If you signed the agreement online, it'd have been a X box or something like that, not a sign and return signature document, and you should have received an email at the time - don't suppose you keep your emails back that far?

                It does look like the agreement is from the correct time ( still refers to the OFT who regulated consumer credit until 1 April 2014 - and refers to the FCA who were set up after the FSA in April 2013 )


                Yes it has at the top about filling it in and returning it.
                Can this be challenged if it ever went legal ?
                Ive just checked on my emails and i do indeed have some emails from JD williams. I have to check through some but from what i see some are just account statements.
                If JD can't produce the CCA what steps can I take with it ?

                Comment


                • #9
                  Hi Amethyst ,
                  sorry to bump an old thread but wondered if you could possibly answer some questions if you're not too busy.
                  I finally got a reply from JD Williams regarding my SAR.
                  Jd sent me a SAR reply in screen shots from a data base.
                  They were able to reply with.
                  statement.
                  When the debt was sold and for how much.
                  No payment history as the debt was disputed due to a order never showing up as it got delivered to the wrong address. Which they charged me for.
                  No default or copy and under the CCA it said unavailable however they managed to find the original agreement. They sent me a letter stating that it was s true copy.
                  This is where it gets interesting. The true copy was never signed by me infact JD Williams sent me several reminder letters to sign the agreement. Of which I never did. I have the original reminder letter as proof. I also have a copy of the dispute form sent to me regarding the non delivery of goods asking me to fill my details and send it back. The agreement was formed from a catalogue not online so no tick box.
                  Do I have any valid argument for the credit agreement never being signed.
                  Lowell own the debt and are looking at getting legal about this now. Any help would be greatly appreciated on this.

                  Comment

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