JD Williams/Lowells

steve811

Ok, here is the story. In 2001 my wife persuaded me to open a catalogue account with JD Williams. After a few years I realised we were running up big debts and stopped the account. I then agreed to pay £40 a month until the debt was settled. Some time in 2010 we had financial issues and the direct debit got stopped. At the time we owed around £1000. I then entered into another agreement with their debt collection arm and this was for £30 a month.


Then I found out that they had taken £60 out of the account, because according to them the agreement was set up too late in the month so they took out two months! As we were already struggling this was the last straw. I stopped paying anything and the debt was passed to Lowells. The figure then got bigger as Lowells added charges on and now stands at just over £1000.


I have written to JD Williams and asked for the original documents and all of the details of the account as I also know we paid for "insurance" on the account which we could never have used. They have sent records of the account from 2010, and a "reconstituted" agreement which does not have a date or signature on it. I know they are allowed to do this under the CCA, but what are my chances of either challenging the agreement or getting the PPI back?

forgotmyname

What grounds do you have to challenge the agreement and/or the PPI?

Why could you not claim on the PPI? Thats where you need to start i think.

happy_bunny_2

Catalogue accounts from 2001 are very likely to be unenforceable.

You can also dispute the charges added by Lowells, as under OFT guidelines they should be reasonable and reflect the costs of collecting the debt.

The reconstituted agreement doesn't need your signature, but let's face it, why would they go to the hassle of reconstituting it if they could just photocopy the original?

It means on the balance of probabilities, they don't have the signed original, therefore can't get a CCJ if defended.

Did you SAR JD Williams?

steve811

forgotmyname wrote: »

What grounds do you have to challenge the agreement and/or the PPI?

Why could you not claim on the PPI? Thats where you need to start i think.

I think I can challenge the agreement as it has had charges added on I never agreed to and the terms have changed since it started.


I think we can challenge the PPI as I would never have been able to claim and was told I had to have it as part of the agreement. To claim on the PPI I need the full records which they have not produced.

steve811

happy_bunny wrote: »

Catalogue accounts from 2001 are very likely to be unenforceable.

You can also dispute the charges added by Lowells, as under OFT guidelines they should be reasonable and reflect the costs of collecting the debt.

The reconstituted agreement doesn't need your signature, but let's face it, why would they go to the hassle of reconstituting it if they could just photocopy the original?

It means on the balance of probabilities, they don't have the signed original, therefore can't get a CCJ if defended.

Did you SAR JD Williams?

That's. what I thought. As the last payment made was in 2010, they only have 24 months left to chase this.


The Lowells charges are not documented by JD Williams so I will have to write to Lowells. I may well write to them again requesting the original agreement, I did write a SAR to JD Williams.

happy_bunny_2

What did they send in response to the SAR?

If you write to Lowells about charges, that likely acknowledges the debt.

You going for statute barred?

steve811

happy_bunny wrote: »

What did they send in response to the SAR?

If you write to Lowells about charges, that likely acknowledges the debt.

You going for statute barred?

The SAR response was:


"The account was opened as a personal credit account on 24th July 2001 and was payable on a 28 day basis. Credit charges were applicable at the rate of 2.84 pence in the pound (equal to 39.9% APR variable) every 28 days.

As a result of non-payment the account was passed to Lowell Group for collection on 11th May 2012 with an outstanding balance of £1009.71.

Since the account was opened 90, payments have been made to JD Williams to the date of re-assignment totalling £4338.68."


They go on to say that they only have records going back to 2008 as they are not obliged to store records going back 6 years. That might !!!!!! up any PPI claim! And yes I might go for statute barred.

happy_bunny_2

Of course they have to store records for 6 years. If they default you, then you complain about the date, how can they prove its accurate? Idiots...

Not sure about longer than this though.

I would just forget about it until statute barred. Not good for the PPI mind, but I'm out of ideas.

Do you have a default on your file? If so, when is it dated?