please can you check this letter to Jd williams

lindann_2

J D Williams & Company Limited
Registered office: Griffin House,
40 Lever Street, Manchester, M60 6ES.


Account No..

ACCOUNT IN DISPUTE

Date:

Ref:

Dear Sir/Madam

You have failed to respond to my letter dated, for the missing payment, which is my legal request to supply me with all facts relating to the letter dated 16/7/2010. I would like a true copy of the original Consumer Credit Agreement for the above account which according to the data protection act of 1998, it is my right to ask for, enclosing £1.00 postal order.

I want acknowledgement of all debts of above account has been paid for, eg;Goods.


plus breakdown on all charges to this account, including all interest to date entered by Reliable Collection.

Yours faithfully

Tixy

I don't think the first sentence makes sense.

Not totally certain if I have understood it properly but I would say

You have failed to respond to my letter dated 16/07/2010 in relation to.....

What did the first letter say? What has you requested?

If you only sent it on 16/07 then I would say it is too soon to be chasing them anyway. Thats only 8working days.

Also under the DPA you have a right to see all info they hold on you (a subject access request) but this costs £10. To see your consumer credit agreement for £1 is a right under the Consumer Credit Act.
I would actually suggest if you are doing a CCA request you use one of the templates on here as it will hav the correct legal wording etc. You could still amend the first paragraph to refer to your previous letter if relevant.

NorthernLas

Lindann - In another of your posts you have said that from the time of the debt until you attempted to pay was more than 6 years (it is statute barred).
Can you post the month and year when the goods were bought and the month and year when you tried to pay?

If this is true, the company have asked you to pay for a debt that they cannot chase. You should go to the post office and check if the postal order has been cashed. Then you should be writing a letter saying that the debt is statuted barred (both to JD and reliable collections). Hopefully, the PO will not have been cashed and you can get your money back.

lindann_2

we are so sorry we cannot say when the goods was purchased it was about 2002-3 the latest we know about, but suddenly jd williams stopped all statements, and reliable company taken over, betime l got to know it rose to £300.00 plus, which we paid back £140, which l am more than sure it covered the items, l did ask once are we just paying the charges, the lady said yes!
I will check at the post office if l can find that missing money.

we asked for the dates and times of all charges, and what we did owe in the first place, as its goes back a while, we cannot remember. In the end we may owe it, but l would like to understand who and why those charges was placed on the account etc.. I have to reword the letter. I do know Jd williams do not always have a copy of any signed agreements, hubby does not recall any thing, his memory is not so good. ty for your help xx

NorthernLas

Lindann - Thanks for the information, 2003 is fine it is a long time ago. From what you say JD Williams passed things on to Reliable Collections.

When did you find out about it and have Reliable Collections been in touch recently or have they been sending letters for a while?

Can you tell us when you paid JD Williams £140, was this recently and was it the postal order? (don't worry about dashing post office for the moment, or the charges that they have added, if you give all of the information people will be able to advise you what to do next)

lindann_2

it has been cancelled due to lack of cca, and a goodwill gesture, we have this in writing that debt is cleared ty for all help x

NorthernLas

Hi Lindann - It is a bit clearer, you've been paying and one of the payments went missing and then you've got letters from Reliable Collections

1. The debt will only be statute barred if there is more than a 6 year gap between payments (if you are in Scotland it is 5 years). If you have paid amounts over the 7 years, it is not statute barred.
2. So the next option is to check if the CCA is enforceable. You should look at sending the following letter with a £1 postal order http://forums.moneysavingexpert.com/showpost.html?p=33791621&postcount=11
3. Otherwise you agree a payment plan. Someone else may be able to give you advice as to how you request that late charges are refunded to you (I think you would need to ask for a SAR and this costs £10 - so go for the cheaper CCA option first)

lindann_2

thank you northern lass, bless you let you know how we get on, hugs lindann xx