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JD Williams are Screwing up my life
After spending the last few days online researching a resolution to this matter, I have concluded that posting to this forum, is likely to be my best hope. So your assistance is very much going to be appreciated.
We urgently need a mortgage (for reasons I will explain in a later post to this thread). We applied a few weeks ago to Natwest and were refused. We were advised the reason for refusal was an entry on my credit file.
Upon checking the files of my wife and myself, we found that JD Williams had placed a default on my file.
Bit if history,
I set up an account with JD Williams (Fashion World) back in 2000. This was set up online and I never signed any agreement with them. Over the years I have bought thousands of pounds worth of goods from them and apart from the odd missing parcel found their service to be fine. As I always paid on time via Direct Debit, over the years my credit limit with them increased to over £5,000.
In November 2010 my balance with them was just under £200 so I made some new purchases as gifts for Christmas to the tune of £700. When I got my statement in January 2011 I noticed it was higher than expected and there were charges on there for late payments. I contacted them and they said it was an error and would be removed. Then in when Februarys statement arrived the balance had increased further. I contacted them again, and this time they advised me that “I had contacted them in December and cancelled the direct debit”. I informed them that this was not the case and that the DD was still in place (I accessed my online banking and confirmed that it was still set up). They continued to argue that I had requested it be cancelled and that I had to pay via an alternative method. I again stated that I had not contacted them at all in December, in fact not in the whole of 2010 as I did all my ordering online. I at this point informed them that I would only setup a new payment method if they removed the late payment charges, this they refused to do, stating that they would pass the matter to their collections department.
Then started the barrage of phone calls and threatening letters, I again contacted them by phone to explain my position, they remained adamant that I had cancelled the DD. I then started to get letters threatening legal action, I responded to these, by advising that “this account was in dispute” and that I would recommence payments only when the erroneous charges were removed. That was around June 2011 and I have heard nothing since then.
I now realise by reading on this forum and elsewhere that the reason they have not probably pursued this matter further is that the debt is unenforceable as it was setup online before Dec 2004 and there is no signed agreement between us.
As mentioned, I no longer get any letters from Fashion World, however according to my credit file my account with them stands at £1388.00. I have the means to clear this account as a single payment, however I have been advised that if I do, it will not be removed from my file, it will just show as being satisfied. This I am told will almost certainly be a barrier to my securing the mortgage I so urgently need.
I am considering now writing to Fashion World, offering to clear the account on the proviso that they remove the entry from my credit file. But before I do this I wanted to check with the knowledgeable folks on this forum to check this was the best course of action.
I have already contacted the CRA who have advised that they cannot remove the entry unless the request comes from JD Williams.
Unless I can get this off my file in the next few weeks we are going to be homeless, any advice will be greatly appreciated.
We urgently need a mortgage (for reasons I will explain in a later post to this thread). We applied a few weeks ago to Natwest and were refused. We were advised the reason for refusal was an entry on my credit file.
Upon checking the files of my wife and myself, we found that JD Williams had placed a default on my file.
Bit if history,
I set up an account with JD Williams (Fashion World) back in 2000. This was set up online and I never signed any agreement with them. Over the years I have bought thousands of pounds worth of goods from them and apart from the odd missing parcel found their service to be fine. As I always paid on time via Direct Debit, over the years my credit limit with them increased to over £5,000.
In November 2010 my balance with them was just under £200 so I made some new purchases as gifts for Christmas to the tune of £700. When I got my statement in January 2011 I noticed it was higher than expected and there were charges on there for late payments. I contacted them and they said it was an error and would be removed. Then in when Februarys statement arrived the balance had increased further. I contacted them again, and this time they advised me that “I had contacted them in December and cancelled the direct debit”. I informed them that this was not the case and that the DD was still in place (I accessed my online banking and confirmed that it was still set up). They continued to argue that I had requested it be cancelled and that I had to pay via an alternative method. I again stated that I had not contacted them at all in December, in fact not in the whole of 2010 as I did all my ordering online. I at this point informed them that I would only setup a new payment method if they removed the late payment charges, this they refused to do, stating that they would pass the matter to their collections department.
Then started the barrage of phone calls and threatening letters, I again contacted them by phone to explain my position, they remained adamant that I had cancelled the DD. I then started to get letters threatening legal action, I responded to these, by advising that “this account was in dispute” and that I would recommence payments only when the erroneous charges were removed. That was around June 2011 and I have heard nothing since then.
I now realise by reading on this forum and elsewhere that the reason they have not probably pursued this matter further is that the debt is unenforceable as it was setup online before Dec 2004 and there is no signed agreement between us.
As mentioned, I no longer get any letters from Fashion World, however according to my credit file my account with them stands at £1388.00. I have the means to clear this account as a single payment, however I have been advised that if I do, it will not be removed from my file, it will just show as being satisfied. This I am told will almost certainly be a barrier to my securing the mortgage I so urgently need.
I am considering now writing to Fashion World, offering to clear the account on the proviso that they remove the entry from my credit file. But before I do this I wanted to check with the knowledgeable folks on this forum to check this was the best course of action.
I have already contacted the CRA who have advised that they cannot remove the entry unless the request comes from JD Williams.
Unless I can get this off my file in the next few weeks we are going to be homeless, any advice will be greatly appreciated.
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