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debt agencies collectors

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  • #16
    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, 12:46:PM. Reason: Automerged Doublepost

    Comment


    • #17
      Re: debt agencies collectors

      hello
      bumping up
      please can anyone advise my next move thankyou so much

      Comment


      • #18
        Re: debt agencies collectors

        popped in for any updates

        Comment


        • #19
          Re: debt agencies collectors

          I'm sorry but JD are talking Ball Hooks here.

          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.
          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

          Comment


          • #20
            Re: debt agencies collectors

            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, 18:01:PM. Reason: Automerged Doublepost

            Comment


            • #21
              Re: debt agencies collectors

              please can anyone pop in please tyvvvvm
              tg
              ------------------------------- merged -------------------------------
              sorry to be a pain and thick
              what does oc stand for please ty
              hugs
              tg
              Last edited by travelgirl; 6th August 2008, 06:20:AM. Reason: Automerged Doublepost

              Comment


              • #22
                Re: debt agencies collectors

                Hi Travel girl,

                I am not much help with regards to anything else but can tell you that OC means original creditor.

                Please don't think you are thick, I too have had to ask what all the abbreviations mean. It just takes a while.

                I am sure someone with more knowledge than I will be along to help with your other questions.

                Take care Sl xx
                Member of the Beagles £2 coin and small change savers clubs, both based in the Debt Forum:11:

                Comment


                • #23
                  Re: debt agencies collectors

                  TG, don't worry about JD's latest missive as it doesn't change anything at all.

                  Comment


                  • #24
                    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
                    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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                    Comment


                    • #25
                      Re: debt agencies collectors

                      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

                      Comment


                      • #26
                        Re: debt agencies collectors

                        Hi,

                        Do you mean Cabot are acting for Vanquis?

                        Cahoot is Abbey's online bank.
                        Vanquis is Provident (doorstep loan sharks) credit card.
                        Cabot is a DCA.

                        Comment


                        • #27
                          Re: debt agencies collectors

                          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

                          Comment


                          • #28
                            Re: debt agencies collectors

                            what do i say to these people i am now fed up they phone 2/3/4 times a day

                            Comment


                            • #29
                              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
                              Member of the Beagles £2 coin and small change savers clubs, both based in the Debt Forum:11:

                              Comment


                              • #30
                                Re: debt agencies collectors

                                hi all
                                heard nothing more from them do i remind them or just leave it till i hear again? tyvm
                                hugs
                                TG

                                Comment

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