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biggeorge

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  1. Hi guys, small update. I wrote to JD Williams with a letter I got from here regarding removal of the defaults they have put on my credit file. Just got this reply back from them through Equifax: Reply: We do not agree to the removal of the information which we have recorded in relation to this customer. The customer claims not to have signed the credit agreement which was sent to him at the time he opened his account. We are unable at this time to locate a signed copy of his credit agreement and can therefore, neither prove or disprove this claim. However, the customer is making a connection between the existence of a credit agreement regulated by the Consumer Credit Act 1974 and the requirement for this company to obtain consent to process its customers data under the Data Protection Act 1998. There is no such connection and the customer's allegation that no signed credit agreement exists, which is denied, is irrelevant in establishing whether consent to process data exists under the Data Protection Act 1998 as we obtain our consent process independently and separately from any decision to offer credit. We obtain our consent to process personal data at the time a customer applies for one of our catalogues or opens an account. There is no Data Protection rubric concerning processing of your data in our Consumer Credit Agreement. The application that the customer completed at the time he requested one of our catalogues or opened his account would have contained a very comprehensive notification of the obvious and non-obvious uses to which we would put any personal data. This notice, inter-alia, will have notified the customer that, as part of our commitment to the responsible lending, we would record details of the manner which he conducted his account with a Licensed Credit Reference Agency. Any and all information recorded by use in relation to this customer accurately reflects the operation of this customer's account.Our view remains that even if an agreement had not been signed (which is not admitted) there is still an agreement concerning the sale of goods. Goods have been purchased and delivered pursuant to the agreement and this information is contained in the customer's records. We believe that not to record the existence of this account would give potential lenders an inaccurate impression when lending decisions are being made and would not be conducive to responsible lending. Any advise now guys on what to send or should I start proceedings in court? Help please Regards Colin
  2. Have no scanner so had to take some pics. The letter I received when I sent my CCA off to: JD Williams & Reliable Collections: Reply is from Reliable Collections. Very large images or use web page which includes some smaller images Direct Links: Letter Page 1: http://www.marshall-hosting.co.uk/cag/reliablecollections1.JPG Letter Page 2: http://www.marshall-hosting.co.uk/cag/reliablecollections2.JPG Agreement 1: http://www.marshall-hosting.co.uk/cag/agreement1.JPG Agreement 2: http://www.marshall-hosting.co.uk/cag/agreement2.JPG Web Page with thumbs Untitled Document George
  3. Cheers jpf104, Need to get these defaults removed. George
  4. Hi Guys, Finally got a letter back from Reliable Collections Ltd after I CCA them. Looks like I have them from the main letter, The agreement they have sent does not comply, Will post some images up later, No scanner. Bottom of letter it says: The absence of an executed agreement will effect our ability to pursue this matter through the courts, But not our right to seek payment through our normal collections methods, Short of court proceedings. If, however, It is your decision not to make further payments to the account on the basis that the signed credit agreement has not been provided, Collections activity will cease, Though we would like to make it absolutely clear to you that should you take the decision not to make any further payments to the account, Your non-payment will be reported to the relevant credit reference agencies, Which will remain for a period of 6 years. We await hearing from you. ------------------------END------------ What now, These gits have been putting defaults each month on my credit file, Any template letters I can grab. Regards George
  5. Wife has an old bank debt, Must beat least 6/7 years now. Overdraft and some cheques she wrote with bank card. Shes been good and been paying a dca (Moorcroft I think) through standing order, Not much but enough to shut them up. Things are really tight at the moment and the money shes paying them would be handy, Bills and 4 kids. I know if she stops paying them we will get a letter off them, What do we do then, Request CCA Any advice gratefully received George
  6. Hi Guys, Thanks for the replies, Which DCA is chasing you - is it Reliable Collections? Did you sign an agreement? Did you ever receive a 'Default' notice? 1: YES Reliable Collections 2: No opened account online 3: No never received any default notice I did issue a Cease & Desist letter to them in April and that actual seems to have done the trick, Only had 1 more letter off them since. Reliable Collections that is. Will look into sending a cca request as soon as I finish typing. Many thanks, Any further wizdom gratefully received George
  7. Been having loads of trouble with a catalogue company,JD Williams, Any advice will be grafefully received. Long Story,Sorry Opened an account in August 06 and purchased a few items, Paid the bills as they came in, minimum payment or a bit extra if I had it. Then wife ordered a corner unit for bathroom, Delivery came while we were out and suprised to see a nice new rug when I got home. Phoned company up told em, They said I had to return and would send return slip, Never came, Phoned again 7 days later, Will send slip for return. Never received the slip to return rug but I had been charged for my bathroom corner unit. Since then I have written asking for the rug to be picked up and my corner unit delivered or the charge taken off my account. Never got anywhere, Never repied to my letters and then started with a debt collector sending me letters with stupid amounts I owed. My first letter in November 06 stated, and all letters I have sent since then (14 in total) that I would pay the balance I owe in full once the mistake had been rectified and my account adjusted. Just had the same rubbish off the debt collector and nothing from the catalogue company, Each time both charging me £12 for administration. I have wrote to: Catalogue: 14 times (Have copies all showing my offer to pay in full) Debt Collecter: 10 times My original debt for goods,not including my bathroom unit was £119, Both companies now claim I owe £450+ Each letter I received from either company with an adminstration charge applied was replied to with the same £12 administration charge I occurred. I have now finally started to get back on my feet and checked my credit file, since Nov 06 to the present I have defaults from the catalogue company. Is there anything I do about the defaults? What can I do about the Catalogue Company? Who do I complain to about them? Any advice gratefully received.. George
  8. Been living in private home for over 3 years. Have been asking landlord to do repairs for some time, 1: Bedroom window cracked - asked when we moved in (still cracked) 2: Electrics checking - had a bouncy castle for kids birthday and guys rcd kept tripping, He said its a bad electric earth and get it checked out - asked over 1 year ago now. 3: Boiler-Gas central heating - no safetly certificate, asked again last year but still no sign of corgi registered guy to check. Hoping this will get him sued in court and he may start listening. 4: Bath has just got a crack in it, not sure how but landlord is claiming we must pay for the bath itself, He'll get it fixed in we must pay for the bath. The bath is old and he had it out of place 3 months ago fixing a leak when it could have received a knock then. Plenty of other small items that we have asked for repairing that have never been done. Anyone offer any help advise on how we proceed with this guy, My family's health and safety is on the line here. Regards George kbu_clan@hotmail.com P.S Last question we never received our tenancy agreement this year (Feb) so since we no longer have a tenancy agreement am I correct in thinking that we don't owe the lanlord any rent, No agreement no contract? Whats the legal position if I hold the rent back?
  9. Hi, All sorted. Phoned them back and should have the offer in writing in the next few days and the payment of £1320 in 7 days. Result George
  10. Many many thanks for your quick reply. After further reading finally understanding it all. £1320 back isn't to be laughed at so time to phone them George
  11. HELP - Totally lost now and think I may have made a mistake in my first 2 letters I sent off. Should I have included the interest for each charge thats on the spreadsheet? I sent the 1st letter asking for my money back, £1320 plus £376.56 in interest Total £1696.56 plus a sheet showing all charges and interest. Sent off 2nd letter and finally got an offer of £900 then a further offer on the phone of £1320, all my charges but no interest. Now this is the bit i'm lost at, some people saying send off letters with interest like I did and others saying not to, only at the court stage. Should I take the offer of £1320 or start court, Will I then get the interest for each charge, £376.56 is a lot of money to me. Regards George
  12. Yes I did a spread sheet with the calculator above in my 1st post. My figures are for 8% with this. Its all this mention of 16% instead of the 8% that got me confused. Going to call them tomorrow and give them last chance to pay all or will start the next step with the small claims. When I do the small claims I can then claim 16% instead of the statutory 8%, Please say this is correct George
  13. Been sorting out my account and sent the 2 letters to the bank, Halifax. Due to start court tomorrow but after reading here for a few hours i'm now lost in the interest I can ask for. I used a calulator online to add my charges and it calulated the interest for them, Link Here: Bank charges: Reclaim them, they're unlawful, so you can get six years money back | MoneySavingExpert: Consumer Revenge, Credit Cards, Shopping, Bank Charges, Cheap Flights and more Total charges £1320 over 6 years (can i now claim pass this time)?? Interest 376.56 (with the calculator on that link above 8%) Total £1696.56 Bank have offered to pay the £1320 but no interest and now all i'm seeing is you can ask for 16%, is this on all the charges or just when you go to court? If this is on all charges do I have to write back to the bank allowing them another 14 days with the new interest I have calculated If it is 16% on each charge its a massive jump to what they owe. Any advice gratefully received, don't want to make a mess of things tomorrow. TIA George
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