Pugsley v Fashion World /JD Williams

[pugsley]

sent a cca off to Debt Managers Ltd got a reply saying they had closed their file and are returning it to JD Williams, that's one of my back, but probably not long before they pass it to another firm.

[dpick]

Hi I had to take on JD Williams for my wifes valuecatalogue have a look at my thread they will probably not have any agreement signed by you.

 

Link

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104426-dpick-oh-reliable-collections.html

 

all the best dpick:)

[kacisnanna]

I have been dealing with Reliable collections regarding a viva la diva account (J D Williams company) Value of goods £170. I made £12 monthly payments but then missed a couple or was late and every time they would add on £12 admin fee. Account balance is now £315 due to this. I have sent cca request. Letter back saying they did not have one and agreed they could not enforce payment. Since then I have been getting letters every 4 weeks adding on the £12 admin fee. I have written recorded delivery several times saying that account is in dispute but they just seem to ignore letters. What will I do now?? please help

[dpick]

I have been dealing with Reliable collections regarding a viva la diva account (J D Williams company) Value of goods £170. I made £12 monthly payments but then missed a couple or was late and every time they would add on £12 admin fee. Account balance is now £315 due to this. I have sent cca request. Letter back saying they did not have one and agreed they could not enforce payment. Since then I have been getting letters every 4 weeks adding on the £12 admin fee. I have written recorded delivery several times saying that account is in dispute but they just seem to ignore letters. What will I do now?? please help

 

Hi below is copy of letter I sent to Littlewoods just remove the bits about default and amend to your requirements.

 

 

 

Dear Sir/Madam

 

Re:− Catalogue accounts XXXXXX and XXXXXX

 

08 November 2007.

 

I have written to you on numerous occasions regarding the above accounts. In your letter of 10th August 2007 you finally admitted that you could not produce any agreements for the above accounts and would not be pursuing the alleged debt.

 

I was at that time happy to accept your statement, but I now find that you have NOT abided by your statement, two months after your letter you have applied two defaults to my credit reference file with Experian. You have also continued to provide third parties with allegations that I am in breach of my obligations under the Credit Agreement for the Account, despite the fact that I cannot be in breach of any obligations where no agreement exists.

Please note that both defaults are incorrect in that I stopped my claim for refund of charges, PPI and interest applied to those on the understanding that you would not pursue the debt. Therefore the amount that you have registered on the default is incorrect if this is not rectified I will report this to the Information Commissioner’s Office.

 

I have now started to receive phone calls and letters from iQor recovery services for the above account, I have since written to them enclosing a copy of your 10th August letter. So again I find that you have not abided by your statement that you would not pursue this debt.

 

As previously advised, whilst a creditor is in default of sections 77-79 of the CCA 1974, it may not enforce, pursue or increase any alleged indebtedness until such time as it does comply. If you remain in default for more than 30 days, you will have committed an offence under this act.

 

It is my belief that you have now committed an offence under sections 77-79 of the CCA 1974 in that you have continued to pursue this account. You have also in my opinion breached a number of sections and principles of the Data Protection Act 1998 in placing default of my credit record while you are in default yourself of sections 77-79 of the CCA 1974. I have enclosed an excerpt from the CCA1974 Act;

172 Statements by creditor or owner to be binding

 

(1) A statement by a creditor or owner is binding on him if given under—

 

section 77(1),

 

section 78(1),

 

section 79(1),

 

It is my opinion that you should, in accordance with section 14(1) of the DPA 1998, cease processing all data in my name that is held by yourselves. Further I now require you to erase and destroy all data in respect of myself. Also that in accordance with section 14(3) of the DPA 1998, that you notify all third parties (to whom the data has been disclosed) instructing them to rectify, remove and erase any and all data (including adverse credit history markers) regarding me as the data subject.

 

Please be advised that if you do not respond positively and satisfactorily within 14 days of the receipt of this letter, sent special delivery-recorded, I will issue you with a final letter before County Court action, giving you a further 14 days to respond in full.

Failure to respond satisfactorily will result in my submitting a claim for defamation, libel, breach of Data Protection principles and regulations, along with damages and costs, and seek an order for any/all data disclosed and recorded (including records supplied to Credit Reference Agencies) by you to be immediately withdrawn and removed.

 

Yours faithfully,

[kacisnanna]

Thanks for that. Sent them the letter above and today got another letter saying that they will not tolerate the way that I am handeling this debt and they may have to look at other ways to collect, after saying that as they had no agreement they would not persue the debt and also added on another £12 charge. The goods ordered were only £150 and i have paid them more than this but this is all charges that they have added. What will I do now. They seem to totally ignore all corresspondence although sent recorded delivery.

[dpick]

Thanks for that. Sent them the letter above and today got another letter saying that they will not tolerate the way that I am handeling this debt and they may have to look at other ways to collect, after saying that as they had no agreement they would not persue the debt and also added on another £12 charge. The goods ordered were only £150 and i have paid them more than this but this is all charges that they have added. What will I do now. They seem to totally ignore all corresspondence although sent recorded delivery.

 

Hi this is very much the same way they treated me check the link in my post above I ended up taking them to court and they had to settle out of court and return £640 in charges and interest they had applied to the account, though unlike some they did not apply a default to my wifes account.

 

all the best dpick:)

[pugsley]

bump

 

letter received will update tomorrow as I just lost all what I typed and have decided to scan it in

[FANTASY CHARGES]

bump

 

letter received will update tomorrow as I just lost all what I typed and have decided to scan it in

 

 

WHEN YOU Spend a long time typing a reply to this thread always highlight and copy the text before you attempt to post to the thread ..... better safe than sorry just in case you are timed out

[pugsley]

lol I was highlighting it and that is how I lost it, I was trying to be safe rather than sorry and that is what got me into this mess:D

 

I will scan my credit agreements in as soon as my daughter lets me near the computer

 

been trying to find some information on the distance selling regs as this was taken out in early may just after they came into force

[pugsley]

I have looked through what they have sent me ( a credit agreement under the distance selling rules) and noticed they say I opened my account in May (no specific date) 2005, now the distance selling rules only came into force 07/05/2005 and the first transaction I can find (from the printout they sent me)is a post and packing change dated 09/05/2005.

 

They usually do not put post and packing charges onto until a bit later so I think this was probably opened in late April 2005 or very early May.

 

It seems they are trying to pull a fast one as the credit agreement I found is under cca 1974 and does not mention distance selling or cancellation etc.

 

 

I have decided to send off SAR to get the date this account was actually opened as this is important