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  • #1

    Could they be UE?

    Hi,
    I was just wondering whether to SAR JD Williams for 2 accounts my wife has with them to see if they are UE?
    It doesn’t look like any letters were kept or it's a case of they've not sent any letters in relation to the account but we do have statement No. 1 and its dated 2009. My wife says she doesn’t remember signing anything?
    I did ask, how about 'digitally' but the answer was also a 'No' but the account wouldn’t have gone through without that happening, would it?
    If they haven’t got a signed agreement, could we still possibly go the UE route?
    I used to be afraid of the post... Now I look forward to it - so I can stick it to the DCA's
    Tags: accounts, act, action, balances, borrowing, cca, cca request, charges, chasing, claim, communications, con, consumer, consumer credit, consumer credit act, consumer credit act 1974, court, credit, credit act, credit reference, date, dca, dca's, debt, default, email, equifax, experian, fashion, fashion world, fos, full and final, funds, help, jd williams, legislation, letter, letters, list, loophole, lost, mis-selling, niddy, no cca, online, order, pay, payments, phone, protection, reference, reliable collections, sar, saving, selling, simply be, template, templates, unenforceability, update, wife, world
  • #2
    Re: Could they be UE?

    Originally posted by pooky2483 View Post
    Hi,
    I was just wondering whether to SAR JD Williams for 2 accounts my wife has with them to see if they are UE?
    It doesn’t look like any letters were kept or it's a case of they've not sent any letters in relation to the account but we do have statement No. 1 and its dated 2009. My wife says she doesn’t remember signing anything?
    I did ask, how about 'digitally' but the answer was also a 'No' but the account wouldn’t have gone through without that happening, would it?
    If they haven’t got a signed agreement, could we still possibly go the UE route?
    In 2009 they use tick-in-the-box assuming you applied online, plus due to the dates it's pointless - if they don't have an agreement they can still pursue it via court as s.127 protection is gone.

    I wouldn't CCA them, it's kinda pointless right now based on the commencement date being 2009.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: Could they be UE?

      Look at this ---> The Consumer Credit Act 1974 (Electronic Communications) Order 2004

      The Consumer Credit Act 1974 (Electronic Communications) Order 2004 is what governs tick-in-the-box etc (applied online)
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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      • #4
        Re: Could they be UE?

        Originally posted by Never-In-Doubt View Post
        In 2009 they use tick-in-the-box assuming you applied online, plus due to the dates it's pointless - if they don't have an agreement they can still pursue it via court as s.127 protection is gone.

        I wouldn't CCA them, it's kinda pointless right now based on the commencement date being 2009.
        Ah well...
        I'm sure there’s got to be a loophole <somewhere> for someone to discover so the us, consumer can get out of it. Untill then... we carry on the fight
        I used to be afraid of the post... Now I look forward to it - so I can stick it to the DCA's

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        • #5
          Re: Could they be UE?

          There are no loopholes other than mis-selling but that aint gonna help.

          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #6
            Re: Could they be UE?

            Looks like that's the end of that then
            I used to be afraid of the post... Now I look forward to it - so I can stick it to the DCA's

            Comment

            • #7
              Re: Could they be UE?

              Originally posted by pooky2483 View Post
              Looks like that's the end of that then
              doesn't mean you gotta pay owt - ok lets try summat here, send the CCA and treat them as though they are pre 04/07 agreements, lets see exactly "what" they do have.....

              If you've stopped paying, then obviously leave it unpaid.... don't recommence payments if already stopped.
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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              • #8
                Re: Could they be UE?

                These accounts are up date with payments, just wondering if we can wiggle out of it (a bit naughty, I know). We have 4 with them, 2 are mine with (Un)reliable, which you're looking into for me.
                I used to be afraid of the post... Now I look forward to it - so I can stick it to the DCA's

                Comment

                • #9
                  Re: Could they be UE?

                  Originally posted by pooky2483 View Post
                  These accounts are up date with payments, just wondering if we can wiggle out of it (a bit naughty, I know). We have 4 with them, 2 are mine with (Un)reliable, which you're looking into for me.
                  sod it send off for CCA's for the Mrs....
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment

                  • #10
                    Re: Could they be UE?

                    Originally posted by Never-In-Doubt View Post
                    sod it send off for CCA's for the Mrs....
                    WIll do
                    [EDIT]
                    Is there any specific CCA template in mind or just a basic one?
                    I used to be afraid of the post... Now I look forward to it - so I can stick it to the DCA's

                    Comment

                    • #11
                      Re: Could they be UE?

                      the CCA Request, i.e. ---> Our Templates | Unenforceability Templates | CCA Request
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment

                      • #12
                        Re: Could they be UE?

                        Originally posted by Never-In-Doubt View Post
                        the CCA Request, i.e. ---> Our Templates | Unenforceability Templates | CCA Request
                        Sent, Recorded Delivery
                        And I scanned the receipts (for the P.O. too)
                        I used to be afraid of the post... Now I look forward to it - so I can stick it to the DCA's

                        Comment

                        • #13
                          Re: Could they be UE?

                          Great, keep us updated
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment

                          • #14
                            Re: Could they be UE?

                            Just been looking at my documents and correct me if I'm wrong but arent they given 2 weeks to reply to a SAR? Well, I sent it 26 March and they received it 28 March (that was bloody quick for a Signed for).
                            It's now 3 weeks since they got it, what's my next course of action as we have received nothing back?
                            I used to be afraid of the post... Now I look forward to it - so I can stick it to the DCA's

                            Comment

                            • #15
                              Re: Could they be UE?

                              A sar is 40 days, but looking at the above posts haven't you sent a CCA?

                              Besides if they haven't replied just wait til they do, no need to chase a CCA request...
                              Last edited by swanfan; 17 April 2012, 23:39.

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