various catalogue 'debts' - opps now got a CCJ - help!

[DCam]

My partner has received multiple debts from Moorcroft from 4 companies,

Ambrose Wilson,

Premier Man,

Fashion World and

JD Williams.

 

JD Williams has 2 accounts, both the Moorcroft ref no and the client ref no are different,

and the amounts owing are also different, £266.31 & £164.68,

although my partner's name is exactly the same on both accounts.

I'm not sure how it is even possible for her to have 2 accounts with the same company?

 

We received the letters from Fashion World and JD Williams first and CCA them,

they replied back (16/07/14) that we needed to send £1 which we did.

 

They replied back with a Fashion World debt letter (21/08/14),

the balance had gone from £180 to £179! It has been over the 12 day limit for them to send the accounts.

 

The other day we got another 3 letters all at once (dated 26/08/14) for the Ambrose Wilson, Premier Man, and the JD Williams new account.

 

We haven't even heard of Ambrose Wilson or JD Williams.

 

This is getting a bit silly,

 

I don't really want to be CCA on all these different accounts,

 

what should I do?

[dx100uk]

go get her Credit file

 

see below.

 

have you moved in recent years?

[Queens_king]

Hi,

 

All belong to the JD Williams Empire and report (as far as I am aware) under JD Williams name

[BRIGADIER2JCS]

Hi, you say it's "passed the 12 day limit to send the accounts" is this CCA requests? If so the time scale is 12 + 2 Working Days.

[SabreSheep]

£180 to £179.

 

Sounds like they cashed your £1 for cca request and took it off the debt. That needs to be checked and if so challegened as it resets the statute of limitations clock

[BRIGADIER2JCS]

How did you pay the £1 stat fee, cheque/postal order?

 

 

Did you mark the payment for statutory fee only?

Did you keep a copy of your request letter?

[DCam]

I'll try and answer all the questions as best I can

 

We have lived at present address about 11 years, re: credit file, is this to prove no account exists, when the accounts don't show up on the credit file?

 

12 days yes for CCA requests, and I think it will be 14 days by now.

 

Yes I think they have took the £1 (it was postal order) off the debt which they should not have done. Here is the letter I sent:

 

a template letter to send requesting CCA.

 

I think I will just have to CCA the other accounts but it will have to wait until I get some money together as it will be getting on for nearly £10 what with postal orders and signed for postage, not to mention the time involved as well.

[dx100uk]

you don't need signed for

 

free proof of posting will do.

 

credit file is a good idea yes.

 

so all these accounts were hers and she took them out

 

just that numbers and what part of JDW[cat name] it was

 

might be an idea to sar JDW.

 

though I don't think all of those names were/are now under JDW

 

dx

[DCam]

If I SAR JDW will that stop Moorcroft chasing us for these supposed debts?

 

I'm not sure if I should spend approx £11 on a SAR to JDW,

 

or send 3 CCAs to Moorcroft that will cost about £6.

 

The 2 CCAs I already sent to Moorcroft,

 

it looks like they are just ignoring them,

 

I can ask them to drop the debts after a month right, as they haven't responded?

[BRIGADIER2JCS]

A SAR is a request for "personal data" and will not stop anything!

 

Not sure what you mean by " ask them to drop the debts after a month"?

 

The lack of the CCA does not mean the debt does not exist, it remains payable and will continue to be reported to CRAs.

 

The time scale for reply to a CCA request is 12 + 2 Working Days if Moorcroft has not responded in that time the debt remains unenforceable via the courts, this is the Only restriction.

 

Sending the SAR and / or the CCA requests It is your choice to follow the advice dx has given or not.

[dx100uk]

you need to gather data .

 

no good running around like a headless chicken.

 

get the credit file

 

over what period of time were these accounts opened.

[DCam]

 

 

Not sure what you mean by " ask them to drop the debts after a month"?

 

 

A quick google search I found this:

 

They have to produce the CCA within 12+2 working days of your request,

if not they are in default,

 

if after a further 30 CALENDAR days they still haven't produced it then they have committed an offence under the consumer crediticon Act 1974.

 

..If they do find it eventually

, then you would have to see if it is enforceable.

 

But once they produce it it is unlikely that you could show them the stick, as they probably would pursue you...

 

from this thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?145396-Is%20there%20a%20time%20limit%20for%20CCA%20requests?

 

Although I not sure how it would help our case, if at all?

[dx100uk]

that's very old

 

no longer applies.

 

they have 12+2 working days.

 

dx

[DCam]

Ok thank you

 

I think I'm getting my head around this now.

 

they can't enforce the 2 debts I've CCA in the courts because they haven't replied within the 12+2 days,

 

I think what I should do is CCA the other 3 debts as well,

 

see if they respond to those.

 

Somehow can't see it,

 

as we have no idea what these debts are at all.

 

They have been ringing every day,

 

but just got a new phone that can bar numbers so thats what I did .

[dx100uk]

until you have in your hand

{a validated [say by us] and enforceable CCA return for EACH debt}

 

then once the 12+2 working days have expired

you could stop any payments.

until they provide one

 

they could do so in days/months/years to come.

but until then..no dice fleecing DCA's!

 

 

dx

[dx100uk]

it might help the cause to go get a credit file report for her

 

see below noddle is FREE.

 

dx

[BRIGADIER2JCS]

A quick google search I found this:

 

They have to produce the CCA within 12+2 working days of your request, if not they are in default, if after a further 30 CALENDAR days they still haven't produced it then they have committed an offence under the consumer crediticon Act 1974...If they do find it eventually, then you would have to see if it is enforceable. But once they produce it it is unlikely that you could show them the stick, as they probably would pursue you...

 

from this thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?145396-Is%20there%20a%20time%20limit%20for%20CCA%20requests?

 

Although I not sure how it would help our case, if at all?

Years out of date, the only restriction is no court action.

[DCam]

it might help the cause to go get a credit file report for her

 

see below noddle is FREE.

 

dx

 

Tried noddle it said couldn't verify details to create the account.

 

Quick update

 

my partner said she got a letter the other day saying most of the accounts are being dropped,

but she can't find the letter now, typical I know.

 

Got a letter today (dated 19/09/14) for the Fashion World account, saying thank you for agreeing a repayment plan. ?

 

We haven't agreed anything, only asked them to provide account statements.

 

Also got a letter dated 18/09/14 saying they are getting on to home collections division and may send a local rep to the door.

 

How can they do this when we have CCA them asking for the account information?

[dx100uk]

usual std threats

 

all bluff.

 

might be an idea to start a new thread for each debt

 

in the this forum

 

dx

[DCam]

These debts got dropped down to just the one debt, the JD Williams debt.

 

After years of the debt being passed around to various different DCAs, (after we requested proof of debt, it just kept getting passed on)

it ended up with Lowell Portfolio Ltd who threatened court action.

 

We thought it was the same empty threats, we did eventually send them a letter requesting proof of the debt, to which there was no reply,

 

they went to court and the court ruled in their favour.

The court did not seem impressed with the "cut and paste defence freely available via the 'internet' (sic)".

 

The evidence provided by the claimant was "both reliable and credible",

we would very much like to see what this "evidence" is.

 

The court has decided we now need to pay £293.31 by 29th July 2016, even though the letter was dated 5 August 2016, and we got the letter after this date.

 

Any suggestions on what can be done about this?

Do we now need to pay this before they turn up at the door and start removing our possessions?

[dx100uk]

no theres no right of entry on civil debts.

 

so tell us about what you did

did you CCA/CPR

and what defence did you file?

 

you could of hit judge lottery mind

then theres nowt you could have done..

 

dx

[DCam]

We sent them this letter:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to JD Williams

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

"Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement." 7.14.4

"A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds." 7.14.5

"Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:

(1) pass the information provided by the customer to the lender or the owner; or

(2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation." 7.14.6

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

If appropriate I will also take this matter forward as a complaint to the Financial Ombudsman Service and Information Commissioner's Office.

I look forward to hearing from you.

 

Yours faithfully

 

I think we might have filled in some forms on the web page to do with the court case a while ago, but I can't remember what we put down in them, probably saying we have no knowledge of this debt, sent us statements, but like I said, can't remember.

[dx100uk]

sent them that letter for what

I hope that wasn't your defence you sent to the court.

why did you not start a thread when you got the claimform?

 

 

dx

[DCam]

We sent that letter to Lowell, we hoped that with no accounts to send us proving the debt, they would just pass the debt on, like all the others did.

[dx100uk]

so what did you do for a defence of the court claim

tell us the story please

 

 

dx