HELP NEEDED PLEASE - J D WILLIAMS ACCOUNT

[Miss Muddled]

Daughter had a Simply Yours account with J D Williams. When her partner walked out on her and our young Grandson she struggled really bad financially.

We decided to CCA her Simply Yours account. This account was opened March 2007. She did recieve two copies of the agreements with first statement but never returned them. So we do know for a fact they do not hold a signed copy.

Now they have issued Default Notice stating that two agreements where enclosed with 1st Statement. (Does mean it is enforceable.)

They sent her a blank copy of a CCA, when she challenged this as UE then sent her a reply in Novemeber 2011 stating:-

We have assertion that the credit agreement in respect of the above account is unenforceable.

In the absence of any valid dispute over the components that make up the balance of account we consider your assertion that you have no legal liability for payment to be based purely on the fact that you claim that the relevant credit agreement has not been signed. As we are currently unable to locate an executed agreement we accept that we are currently unable to take immediate steps to legally enforce this agreement against you through the courts. on that basis, and that basis alone, we confirm that current collections activity will cease. However, we would make it absolutely clear to you that the fact of your non payment in respect of the undisputed balance will be reported to a licensed credit reference agency who will record it for a period of six years. This could make it difficult for you to obtain credit in the future as these records may be consulted by any financial organisations to which you apply for credit in the future.

Given the serious consequences of non-payment please can you confirm your intensions in writing.
Yours sincerely

The balance of the account is approx £850 not a lot in comparison to some of us on here, but a lot to her.

Now she has received a letter from Robinson Way demanding payment, also been phoning constantl.

Any pointers on what she should do...

1...Ignore Rob Way
2...Send them a copy of the letter she recieved stating that the account was Unenforceable.

[ScabHunter]

Re: HELP NEEDED PLEASE - J D WILLIAMS ACCOUNT

I would just send the Account Sold Whilst In Dispute letter, along with the one for Telephone Harassment. You can merge them into one if it makes it easier. Then, when they come back with one of their idiotic templates stating that their client “confirms that the account is enforceable”, you will have the perfect retort.

Account Sold whilst in Dispute - allaboutDEBT UK

Harassment by Telephone - allaboutDEBT UK

The Telephone Harassment one will need amending slightly, as you won't have previously requested that they stop.

SH

[Never-In-Doubt]

Re: HELP NEEDED PLEASE - J D WILLIAMS ACCOUNT

Daughter had a Simply Yours account with J D Williams. When her partner walked out on her and our young Grandson she struggled really bad financially.

We decided to CCA her Simply Yours account. This account was opened March 2007. She did recieve two copies of the agreements with first statement but never returned them. So we do know for a fact they do not hold a signed copy.

Now they have issued Default Notice stating that two agreements where enclosed with 1st Statement. (Does mean it is enforceable.)

They sent her a blank copy of a CCA, when she challenged this as UE then sent her a reply in Novemeber 2011 stating:-

We have assertion that the credit agreement in respect of the above account is unenforceable.

In the absence of any valid dispute over the components that make up the balance of account we consider your assertion that you have no legal liability for payment to be based purely on the fact that you claim that the relevant credit agreement has not been signed. As we are currently unable to locate an executed agreement we accept that we are currently unable to take immediate steps to legally enforce this agreement against you through the courts. on that basis, and that basis alone, we confirm that current collections activity will cease. However, we would make it absolutely clear to you that the fact of your non payment in respect of the undisputed balance will be reported to a licensed credit reference agency who will record it for a period of six years. This could make it difficult for you to obtain credit in the future as these records may be consulted by any financial organisations to which you apply for credit in the future.

Given the serious consequences of non-payment please can you confirm your intensions in writing.
Yours sincerely

The balance of the account is approx £850 not a lot in comparison to some of us on here, but a lot to her.

Now she has received a letter from Robinson Way demanding payment, also been phoning constantl.

Any pointers on what she should do...

1...Ignore Rob Way
2...Send them a copy of the letter she recieved stating that the account was Unenforceable.

Hiya

Yep, send this to robbers-way with a copy of the letter from Simply-Shyte

Dear Sirs,

I write with reference to your recent harassment and formally warn you to cease forthwith all attempts to collect on this confirmed unenforceable account.

I attach a copy of a letter from the Original Creditor confirming the account is unenforceable based on there being no agreement. I suggest you comply with the provisions of CCA1974 and either close your account or return it to the OC but any more harassment and/or unwarranted calls will result in a formal complaint being made to the regulatory bodies.

Yours faithfully,


Sign Digitally

[Never-In-Doubt]

Re: HELP NEEDED PLEASE - J D WILLIAMS ACCOUNT

I would just send the Account Sold Whilst In Dispute letter, along with the one for Telephone Harassment. You can merge them into one if it makes it easier. Then, when they come back with one of their idiotic templates stating that their client “confirms that the account is enforceable”, you will have the perfect retort.

Account Sold whilst in Dispute - allaboutDEBT UK

Harassment by Telephone - allaboutDEBT UK

The Telephone Harassment one will need amending slightly, as you won't have previously requested that they stop.

SH

Ordinarily, yes - but with Miss Muddled, I tend to take a more hands on approach so she can use the template above, which is easier.

[Miss Muddled]

Re: HELP NEEDED PLEASE - J D WILLIAMS ACCOUNT

Cheers Niddy & ScabHunter

You come up trumphs once again, I don't want to imagine where a lot of us would be right now if you and your exclusive team had not set up up this amazing site to help people like us.

Letter on its way to Robbers Way....

Niddy, hope you and your family all well and fully recovered.

[Undercover Elsa]

Re: HELP NEEDED PLEASE - J D WILLIAMS ACCOUNT

Miss Muddled
Hope you're OK hun, Niddy's letter will sort them out, there's nowt they can do about this now except spout rubbish

[Miss Muddled]

Re: HELP NEEDED PLEASE - J D WILLIAMS ACCOUNT

Elsa, good to hear from you, hope all is well at your end. I'm fine, Mr M not good.

Been following a few threads on here that you Niddy & team been sorting out, you are all amazing special people, don't know how many times I have said that (lost count) but its true....

We sure will send Niddy's letter tomorrow and they will wonder what hit them .

Just a thought how about we get letterheads printed with AAD and Niddy's name on them, that would be enough to have them shaking in thier boots.

to you all....

[Never-In-Doubt]

Re: HELP NEEDED PLEASE - J D WILLIAMS ACCOUNT

Just a thought how about we get letterheads printed with AAD and Niddy's name on them, that would be enough to have them shaking in thier boots.

to you all....

Noooo - it's best that they come from you, as that scares them more (ie a consumer with knowledge is a powerful adversary)

[Miss Muddled]

Re: HELP NEEDED PLEASE - J D WILLIAMS ACCOUNT

Noooo - it's best that they come from you, as that scares them more (ie a consumer with knowledge is a powerful adversary)

Now adversay..defo have plenty of that. Knowledge...well that could be debatable, especialy with my totally muddled brain at this present time.

Its all your guidance help and support that has got us where we are today Niddy.....never be able to thank you enough.

Still quiet on the western front, thanks to you