JD Williams / What do I do?

[MaryEssex]

Hi, I'm Mary I'm new here as a poster but long time observer.

 

I wondered if someone could help me with a situation I'm having regarding JD Williams, I'll try to add as much detail as I can.

 

Firstly they said I owed £573, after I sent them a Unlawful Charges Form and a LBL that went down to £118, So I wrote asking them if I could pay that off £20 a month on the 26th of every month. They wrote to me saying yes with a direct debit form. ... However they tried to take the money out on the 21st twice and my wages weren't in there yet.

 

So then I asked if I could set up a standing order in which £20 would come out every 26th and they agreed and gave me their account details, but they added on more charges for missed payments, also a charge as I only paid £20 instead of what they claim is the mimium of £60, now the debt has gone back up to £207

 

I have a CCA from them to but it's just a "Reconstituted" copt of the original.

 

Is there anything I can do now? thanks.

[silverfox1961]

Hi and welcome to CAG.

 

I would write a formal complaint along with another charges reclaim telling them about their silly actions as I bet one department doesn't talk to the other.

 

You had agreed a payment date. They decided that wasn't good enough. Not your fault.

 

From now on, deal with this in writing only. They will say things on the phone that they would never dare put in a letter

[MaryEssex]

Hi thanks for your reply, SO far this has all been in writing yes. Would you also suggest I cancel the current Standing Order while I reclaim charges or leave that running? Also would it be any help if I requested a True Copy of my CCA from them?

[silverfox1961]

For now, checking to see if an agreement is unenforeceable is a bit of a lame duck. You send a CCA request-they send back a reconstituted agreement and say they have complied. How are you to know if what they have sent you is a true copy unless you have kept the original agreement.

I would concentrate on getting the charges refunded again and setting up a standing order for the balance. I would however set it up for less as a penalty to them for mucking you about.

[MaryEssex]

What if I made a request for the Original Agreement?

 

Don't they need that if they wanted to persue this in court?

[silverfox1961]

You would have thought so but a court case in 2009 closed that door (for now) They ruled that the creditor could supply a reconstituted agreement so long as it was a 'true copy'

 

Any accounts taken out after April 2007, the creditor doesn't even need an agreement, just proof an account was started (statements)

[MaryEssex]

But I heard that they could only supply a recon agreement aslong as they could also prove they had the original?

[silverfox1961]

I think what you are thinking of is the Carey judgement. What was said was that if the terms and conditions were varied then a copy of the original 'should' be produced.

So long as any reconstruction is basically the same and includes the address you were at when the agreement was signed, I would be very reluctant to ask a court to rule in unenforceable which is what you are asking. Just telling a DCA that the agreement is unenforeceable does not mean the debt didnt exist, just that they cannot use the courts to enforce it. They can still harass you and stuff your credit file for years and years.

 

Your choice as to what info you accept of course. Ours or the other sites

[dx100uk]

with a recon and a clear financial link any judge would bury you.

 

get reclaiming most cat debts are littered with unlawfull fees.

 

cag does not condone debt avoidance

 

they really are a disgusting co to deal with sadly

 

did you fill in an soc spreadsheet & include interest on the charges reclaim?

 

 

dx

[pjc71]

hi could someone tell me if there is a unlawfull charges claim template as i cant find one for cat companys

 

 

many thanks

[dx100uk]

treat as a CC claim see my sig

 

dx

[wag]

Hi, could anyone help me, i am also suffering at the hands of jd williams, after reading the above i have decided to do an s.a.r. I have a few accounts with jd williams please could you tell me whether i have to pay £10 per account or one payment of £10 for all the info i need?

Thank you

[dx100uk]

Hi, could anyone help me, i am also suffering at the hands of jd williams, after reading the above i have decided to do an s.a.r. I have a few accounts with jd williams please could you tell me whether i have to pay £10 per account or one payment of £10 for all the info i need?

Thank you

 

start your own thread

but its only one sar per company inc all your old addreesses though

 

dx