How Do I Get A Signed Copy Of A Credit Agreement from JD Williams

BenjamiN

Hi Guys,

I'm a newbie to the forum and currently looking to obtain some ammunition so I can go head to head with JD Williams....

My wife became disabled earlier this year with endometriosis and thus we lost a third of our income! All good fun! Anyway I started to attack her debts (catalogue credit accounts and store cards etc) I've managed to negotiate payment plans with good payments at 0% interest (:D:D:D) and used the PPI on her credit card to freeze the account for 2yrs to give me more space.

Apart from:

JD Williams/SimplyBe.

They took a reduced payment for the first few months whilst I got the rest running smoothly but still charged full interest!!!! On top of this they then started every couple of months to up the repayment stating that we can clear the debt sooner by paying more!!!! :mad: I've sent letters and phoned them telling them I wish to pay the debt off but paying £66pcm and paying £56 interest pcm!!:mad::mad: I sent them a S78 request but they saw it coming and supplied the minimum they had too with the covering letter saying that they did not have to provide a signed copy of the CCA..... !!!!!!.

The plan is to play the game and legally attempt to gain a copy of the signed CCA (which we know does not exist) I will then look to put the account into abeyance and use this to reopen payment negotiations on a more even footing.

I've done heaps of research on which laws / acts to throw at them but now I'm totally lost and annoyed. :A

Can anybody point me in the right direction please?

Tixy

When was the account opened?

You can send a subject access request under the data protection act (£10) - if they have a signed copy they should send it.

National_Debtline

Hi BenjamiN

It's unclear just how old this JDW account is - it can make a difference - so I'm posting a couple of links that may be useful.

General info on getting a copy of your credit agreement:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=39_getting_information_about_your_credit_agreement

More on specifically dealing with catalogue debts:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=32_catalogue_debts

Regards

Dennis @NDL

happy_bunny_2

As Tixy says, when was the account taken out?

What did they send you in response to the S78?

BenjamiN

Wow! Thanks for all the quick responses! To answer the question the account was opened on 7th January 2009.

I saw the DPA request and found a draft letter for it but along with a copy of everything they hold (in theory....) can I specifically add to that request that they send a copy of the original signed CCA?

BenjamiN

Oh and the reply they sent to the S78 was a breakdown of the account and unsigned copies of the credit agreements stating in their covering letter:

"WHEN RESPONDING TO A SECTION 78 REQUEST A LEMDER DOES NOT HAVE TO PROVIDE A PHOTOCOPY OR OTHER LITERAL COPY OF THE EXECUTED AGREEMENT NOR PROVIDE A COPY BEARING OR SOME OTHER PROOF OF THE CUSTOMERS ACTUAL SIGNATURE."

Tixy

Worth reading the second link that Dennis has linked to.
Given the date this was opened they may well not have a signed agreement and are not obliged to have one under the consumer credit act.

A court could in theory still say that the agreement in unenforceable but equally they may well still say it is enforceable if the creditor takes court action against you.

happy_bunny_2

Don't need a signed CCA as a response to a S78.

As Tixy says, no longer need a signed original CCA to get a CCJ. Changed in April 2007.

If they are adding interest, you need to weigh up the point of continuing yo pay.

Maybe write them a complaint about being unreasonable, not treating you fairly and asking to stop interest.

If they refuse, you could refer to FOS.

Or you could stop paying, let them sell it to a DCA then pay them once interest has stopped. Usually does on them selling it. You could then likely settle for less.

They could take you to court, but a judge would only make you pay what was affordable, not what the creditor wanted.

Good luck

HB

[Deleted User]

OP is your OH claiming all the benefits she may be entitled to?

System

op- don't waste your time fighting them- i did earlier this year but the response from the FOS [think thats who was involved ] was by using the catalog its assumed you agree to the t & c so no signed copy is required.

They also said that after a recent ruling they wont even look to see if the t & c are unfair all they can do is act if a retailer is not working within their own t& c however unfair they are.

fermi

Some examples (among quite a few), where the FOS has upheld getting interest and charges frozen and with a retrospective refund.

Sept 2013 http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=21784

http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=10121