JD Williams / What do I do?

[MaryEssex]

Hi, I'm Mary I'm new here as a poster but long time observer.

I wondered if someone could help me with a situation I'm having regarding JD Williams, I'll try to add as much detail as I can.

Firstly they said I owed £573, after I sent them a Unlawful Charges Form and a LBL that went down to £118, So I wrote asking them if I could pay that off £20 a month on the 26th of every month. They wrote to me saying yes with a DD form. ... However they tried to take the money out on the 21st twice and my wages weren't in there yet.

So then I asked if I could set up a standing order in which £20 would come out every 26th and they agreed and gave me their account details, but they added on more charges for missed payments, also a charge as I only paid £20 instead of what they claim is the mimium of £60, now the debt has gone back up to £207

I have a CCA from them to but it's just a "Reconstituted" copy of the original.

Is there anything I can do now? Like for example asking for a copy of the actual original agreement? thanks.

[Never-In-Doubt]

Re: JD Williams / What do I do?

Hi & welcome

Ok, first things first - if you're not in debt forget unenforceability, for a £200 debt it just aint worth the long term hassle so do you have other debts, and if so roughly what amount?

Regards this, if you had agreed payment terms etc then they need to abide by them, DD's get taken AFTER due date NEVER before unless expressly agreed and from memory, being DD is new to JDW they did advertise it would be the norm, so after the due date.

Therefore a strong letter basically threatening them with FOS may work, and clarify you'll sort the SO out and pay £20 per month, plus any months you missed - obviously.

However they should not be charging you for a missed payment if they tried to take it earlier than agreed.

[MaryEssex]

Re: JD Williams / What do I do?

Hi thanks for your reply.

The part that really annoyed me was when I arranged with them the repayment date they told me that charges and non payment fees would still be added even though they are aware I would be paying at the end of the month.

Should I perhaps reclaim the charges back again first then re-arange a payment plan with them? as at this moment just in the last two months they have added almost another £100 to my debt. Was £118 now £207 all of which have been added because of their continued lack of taking out my payment on the correct day.

When I asked them about it they said they work on a 28 day schedule and it couldn't be changed.

[Never-In-Doubt]

Re: JD Williams / What do I do?

Hi thanks for your reply.

The part that really annoyed me was when I arranged with them the repayment date they told me that charges and non payment fees would still be added even though they are aware I would be paying at the end of the month.

Should I perhaps reclaim the charges back again first then re-arange a payment plan with them? as at this moment just in the last two months they have added almost another £100 to my debt. Was £118 now £207 all of which have been added because of their continued lack of taking out my payment on the correct day.

When I asked them about it they said they work on a 28 day schedule and it couldn't be changed.

Hiya

Have you actually written to them or done this verbally on phone? Want me to sort you a letter to sort them out? if so you need to be specific with dates etc of things you agreed, and provide more detail then give me an hour to sort you a nasty little response back to them

[MaryEssex]

Re: JD Williams / What do I do?

It was done purely in writing and email.

I've already told them adding more charges onto an account in which I've already won back charges would be pretty idiotic of them to do but they just say it's within their rights.

The CCA they sent me is an Unsigned reconstituted "True Copy", I asked over at CAG but they really just told me "Tough Luck it would hold up in court"

In terms of what they agreed to they said "Although we agreed to accept £20 a month via direct debit we work on a 28 day month meaning that our direct debits would have to be paid on or by the 21st in order for it to reach us by the 26th in which you agreed" well I never agreed to pay on the 21st, I agreed to pay on the 26th, not by the 26th.

In their most recent letter they state I MUST pay £60 otherwise they will keep adding charges even though I'm paying them £20 a month, the charges work out more then the payment so It would never get paid.

[Never-In-Doubt]

Re: JD Williams / What do I do?

Well to be honest it's probably time to complain to the ombudsman which would cost them £500 so as I say, try a hardline approach first.

I have offered to help with this, if you want it just ask!

Who said it'd stand up in court, users at CAG or JDW? A recon *may* after Carey v HSBC but they still need the original to reply on or to have based the recon from.

[MaryEssex]

Re: JD Williams / What do I do?

Hi. I would love help yes, thank you.

Tbh it's just nice to actually speak to someone about it who feels the same way I do about all this, as CAG in the past have been good but I feel when it gets to a certain point, or gets heated they tend to leave you in the lurch very quickly.

It was the users of CAG who said it, the advice they are giving is that if a DCA sends you a recon true copy then unless there is a flaw with it in some way (example wrong name, wrong address etc...) then it's pretty much valid and a court would rule against you anyway so why try.

[samsmum]

Re: JD Williams / What do I do?

Good luck. Another Niddy special letter for the lovely helpful staff at JD Williams!!

[MaryEssex]

Re: JD Williams / What do I do?

Good luck. Another Niddy special letter for the lovely helpful staff at JD Williams!!

lol, I'm quite looking forward to reading it now.

[samsmum]

Re: JD Williams / What do I do?

Read post 389 of my diary. You'll pee yourself

[MaryEssex]

Re: JD Williams / What do I do?

Read post 389 of my diary. You'll pee yourself

Oh my lol, I love that letter lol

[Never-In-Doubt]

Re: JD Williams / What do I do?

It was the users of CAG who said it, the advice they are giving is that if a DCA sends you a recon true copy then unless there is a flaw with it in some way (example wrong name, wrong address etc...) then it's pretty much valid and a court would rule against you anyway so why try.

Ok, whatever.

Bollocks - lets set that straight here and now - utter bollocks.

It is clear in Carey v HSBC that yes a recon can be submitted to satisfy your s.78 request BUT to enforce they still need the original or the terms and content that would have been in the original otherwise tell me, what proof is there that you agreed to X, Y or Z?

Also, in our eyes here a recon is not fulfillment of s.78, regardless Carey judgment, we have templates to fight them off as the junk that it is, technically it's fraud but a legal fraud.

Anyway, we'll get this sorted for you somehow! If you provide details I can get things moving for you....

[Never-In-Doubt]

Re: JD Williams / What do I do?

Read post 389 of my diary. You'll pee yourself

Oh you mean this ---> allaboutFORUMS - View Single Post - New and confused



* have they actually wrote back yet?

[samsmum]

Re: JD Williams / What do I do?

Oh you mean this ---> allaboutFORUMS - View Single Post - New and confused



* have they actually wrote back yet?

That's the one. Only one to say the debts being reassigned and one to confirm residency and tell me the debt wont go away. Adding loads of charges on every month tho

[MaryEssex]

Re: JD Williams / What do I do?

Ok, whatever.

Bollocks - lets set that straight here and now - utter bollocks.

It is clear in Carey v HSBC that yes a recon can be submitted to satisfy your s.78 request BUT to enforce they still need the original or the terms and content that would have been in the original otherwise tell me, what proof is there that you agreed to X, Y or Z?

Also, in our eyes here a recon is not fulfillment of s.78, regardless Carey judgment, we have templates to fight them off as the junk that it is, technically it's fraud but a legal fraud.

Anyway, we'll get this sorted for you somehow! If you provide details I can get things moving for you....

Thank you . What details would you like?