Fashionworld - reduction of payments...

[Nagasis]

I checked my credit report and Fashioworld are showing on my credit report that I have missed 2 payments. Is there anything I can do about this. I have contacted Experian online in the past and they have looked in to things for me and changed the report where necessary. Would I contact them and / or Reliable and Fashionworld and if so is there a standard letter.

 

Many thanks

xx

 

Thats the hard part. Because they don't have a cca they will still report to the cra's. The ICO have recently given guidance on this and seems to back up their position in that because there is no cca doesnt mean there was never permission to record info, which was dissapointing. What makes it worse is that reliable/fashion world are like a dog with a bone in that they won't stop it until you file a county court claim against them.

 

I personally at the moment would wait as you are still trying to come to terms with not paying due to no cca. As they have said 2 payments missing it won't be long before they default you for 3 months missing. After that it will go quite for a while they decide who to send it onto next(it doesnt matter still as it is still unenforceable). Maybe once it goes qite you can make a push to have the info removed.

 

Just an idea, didn;t want you taking on to much at once so to speak.

 

Ps. Regarding contacting experian, you cn contact them but there isnt a template letter as far as I know). However all they will do is contact FW who inturn will state that the info is correct and won't remove it. There is no harm in trying tho.

Edited June 2, 2009 by Nagasis

[lisaclaim]

Hi again

 

Been quiet a while but got a letter last week. Not had any harrassing phone calls after taking everyones advice. Just told them that i am communicating via letter and stop harrassing me on the phone or I will report them, then I have just put the phone down

 

Anyway the letter can be found here. Any advice on a reply would be appreciated. Many thanks

 

Page 1 - http://i44.tinypic.com/ifv393.jpg

 

Page 2 - http://i43.tinypic.com/4sy7h1.jpg

 

Hope to hear back soon

xx

ps to all you dads out there hope you had a great fathers day

[Nagasis]

Firstly, do not answer the questions. They are correct that a cca request does not need a sig on the agreement but and it's a big but, they need the original signed agreement to enforce it in the court, and they know this. They are trying to entrap you. They clearly don't have that as they would send it instead of typing silly questions.

 

Again, I would not answer the questions at all.

 

As for the s10 notice, have you sent them 1?

 

Edit: Have alook here: http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

I would them a CPR request for a copy of the original signed agreement. (still don't answer the questions tho)

Edited June 22, 2009 by Nagasis

[lisaclaim]

Hi, been such a long time as thought this was over. Had nothing not even a phone call in 3 months and then get a letter saying something along the lines that they are pursuing the debt again! Well good luck to them as I dont owe them anything lol... will keep you all informed

[mashmallow]

 

I had a similar problem with Ambrose Wilson, I gave them a good runaround and all they kept doing was phoning me and sending me 2 letters per time because I had 2 accounts one with JDW and AW charging me £12 per letter sometimes 1 letter had 2 charges this amounted to double the money I owed. I kept telling them I would pay £5 per account and no charges but still would not have it. I refered them to Trading Standards who finally got them to agree at £5.00 and no further charges, they also wanted the £99 set up fee which |I told them to F..K off. I used to answer as Santa Clause when they called I got so ****ed off. Try Trading Standards if non else works.

 

 

Mashmallow

[welshwizard]

Just a question - even though Reliable Collections are inhouse to JD Williams et al, should there still be a notice of assignment of debt?

[lisaclaim]

Hi Marshmallow,,

 

Nice one. Still only had that one letter mentioned above and then a statement of account about a week ago. Just not replying. Not had anymore phone calls

 

Will keep you updated

[lisaclaim]

Hi Welshwizard

 

I am sorry but I have no idea what a notice of assignment of debt is? A prof !! might answer this question hopefully for you

 

Thanks

[rareflower]

Hello Lisaclaim

 

I have received exactly the same letter in your comment #27 today from Fashionworld.

 

Did you send them the other letter from the link in comment #28 http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Was that when you stopped hearing from them for a while?

 

Thanks

[lisaclaim]

Hi rareflower

 

I didnt send them anything they just went quiet. I will just wait and see what happens... let me know what u find out thx

[rareflower]

Hi

 

I haven't done anything about the letter so far, I simply ignored it...for now at least. Will wait to see what happens next. If they get in contact and the letters get more nasty in tone I will send off the other one from the thread I mentioned above.

 

Will keep you posted

 

Thank You

[lisaclaim]

Well seems like Reliable Collections are like a dog with a bone !!!

Started getting letters a couple of months ago... no phone calls... letters saying that the debt is still valid and they have not forgotten, then letters with appointment days that someone was coming to collect the money from my doorstep!, and even more letters saying I owe them the money, each one has a balance account showing what I am supposed to owe.

They are also still adding to my credit report each month. Although previously in this thread someone said that there is nothing I can do can someone help and state whether that is still the case or not as in the following thread:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/194627-not-able-provide-loan.html

... it states that there is something I can do.

I am thinking of also doing what was said in the previous reply on this thread and sending the following.

Dear Sir/Madam

Re:− Account/Reference Number xxxxxx - Account In Dispute

I write with regards to the above account with your organisation.

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker.

Obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

I look forward to your reply and would ask for a response by 4pm on 5th April 2010

Can anyone please let me know if it is OK to do now and if anyone knows how I can do something to stop them with my credit file. I am a member of Credit Expert. If I emailed them could they stop them ??

Thanks again

Lisa

[lisaclaim]

I have another thread regarding Robinson Way of which I got some great advice. I also got the following letter which I have just sent to Robinson Way and I was also advised to send to Fashionworld (Reliable collections) which relates to this post. Here it is for reference:

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Print name do not sign

__________________

 

[lisaclaim]

Well I sent out the letter above in April 2010 and I got a reply from 'Reliable collections' today.

 

The letter can be seen here:

http://i47.tinypic.com/10xaph2.jpg

 

They also attached two credit agreements the first one can be seen here:

Front Side: http://i47.tinypic.com/qoenw6.jpg

Reverse Side: http://i49.tinypic.com/awvuhw.jpg

 

... the second agreement can be seen here:

Front Side: http://i50.tinypic.com/2urxcn8.jpg

Reverse Side: http://i49.tinypic.com/2qau0m1.jpg

 

 

As you can see there is no signature from me and they are both different and also different from the ones they sent me last year. I know most of the content is the same but they have obviously changed the layout. So I have now received 3 different looking credit agreements, none of them have my signature and they all have my details written in by them.

 

They also sent me a spreadsheet with a list of transactions and charges on going back to July 2005 !!!

 

They also state that they are dealing with my Subject Access Request and will be in touch.

 

Any ideas... are they again just keeping in touch to show they are not letting this go. They have not responded to what I told them they could not do in my letter.

 

Looking forward to some replies.

Many thanks

Lisa