Premier man and Reliable collections/JDW

[borolad63]

I wrote to both of these companies using CAG template letter for CCA section 78 asking to supply a true copy of a signed credit agreement and other relevant documents with a £1 cheque.

 

Reliable collections were also asked if the debt had been assigned to them from the original creditor (J.D. Williams). No mention of assignment in their return letter as seen below.

 

I received back from them the same worded response and text but from two people Reliable Collections Mr Tom Nally Accounts manager and Amanda Pountain Premier Man Account manager team.

 

Both letters gave the date in which the account were opened and copies of a breakdown the accounts and then proceeded to say that under section 78 of CCA regulation 3(2)(b) there is NO requirement to provide a photocopy of the agreement bearing my signature, it is sufficient to supply a `true copy` of the agreement setting out the T&C. A `true copy` need not bear the debtors signature or in our case the date of the agreement. Therefore we enclose a `true copy`of the credit agreement when you opened your account

[ian6pot]

The term as far as i know is "executed"With no sig or date thats not the executed agreement so is no use at all.

They need to provide a copy of the one you signed.If not they could send the copy you have received to anyone and start asking for payment.

 

If there is no signed agreement what would they do in court?

[davo3]

hi please be aware that reliable collections are part of j d williams , is your debt is less that a few months old they contact you as the cattalogue(premier man ect) if your debt is older then they call them selfes reliable collections

[Jan4a]

Yes, J D Williams is the parent company, they call themselves by the various catalogue names.

 

Legal dept are based at Lever Street, Manchester. Maybe you should be writing to them as they are head office as well?

 

Have noticed a thread by ST8 recently, it might help if you can find it on a search, there are loads of threads on here about them though.

[borolad63]

Hi

can you advise please. Account opened October 2007.

I wrote to Reliable Collections (JD Williams Catalogue in house) asking for copy of agreement using CAG template letter (section 77/7:cool: plus £1. Received back letter stating that there is no requirement to provide a photocopy of the agreement bearing my signature it is sufficient to supply True Copy of the agreement setting out the terms and conditions to which I have agreed.

I wrote back stating that I require them to provide a copy of the credit agreement using CAG template letter (PT2537) and also confirm that they still hold a copy of my signed agreement.

The letter I received back states that they have complied with with their obligations in suppling me with True Copy and having being supplied with this True Copy is no basis for me to allege that I am exonerated from payment and as I do not deny receiving goods and services therefore considered that my assertions that I have no legal liability for payment is based solely on the fact that the relevant credit agreement has not been signed.

They note on my comments regarding enforcement action when the account was opened after April 2007.

They point out that even if they were unable to produce a signed agreement (which they are not admitted)they have the right to apply to the court for an enforcement order. The order would be made under provisions of section 127 of the CCA 1974. They do not consider that I have been prejudiced in any way by the alleged omission of my signature on my credit agreement and they are confident that they would be successful in any application for an enforcement order in respect of the agreement.

[reallymadwoman]

Hi

can you advise please. Account opened October 2007.

I wrote to Reliable Collections (JD Williams Catalogue in house) asking for copy of agreement using CAG template letter (section 77/7:cool: plus £1. Received back letter stating that there is no requirement to provide a photocopy of the agreement bearing my signature it is sufficient to supply True Copy of the agreement setting out the terms and conditions to which I have agreed.This is an accurate statement of the law, however if they have a signed agreement why not just take the easy option and send a copy?

I wrote back stating that I require them to provide a copy of the credit agreement using CAG template letter (PT2537) and also confirm that they still hold a copy of my signed agreement.

The letter I received back states that they have complied with with their obligations in suppling me with True Copy and having being supplied with this True Copy is no basis for me to allege that I am exonerated from payment and as I do not deny receiving goods and services therefore considered that my assertions that I have no legal liability for payment is based solely on the fact that the relevant credit agreement has not been signed.

They note on my comments regarding enforcement action when the account was opened after April 2007.

They point out that even if they were unable to produce a signed agreement (which they are not admitted)they have the right to apply to the court for an enforcement order. I believe that the CCA 2006 made this possible even where they don't have an agreement, but I don't know what date of agreements it applies to. They could be right. However they would have to go to court to make you pay. The order would be made under provisions of section 127 of the CCA 1974. They do not consider that I have been prejudiced in any way by the alleged omission of my signature on my credit agreement and they are confident that they would be successful in any application for an enforcement order in respect of the agreement.

 

Do you have any other possible defence? Was a default notice issued, and if so can you post up a copy or some details.

[42man]

BL...you might have to try this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[AA99]

42 man, this thread was a link from there, I think?!

 

I think boroload needs to read that whole thread..............

[Undercover-Elsa]

Hi Borolad,

Unfortunately your account does come under the new rules, being post April 2007 So yes they can apply to Court to have it varied or enforced.

However, as RMW says..if you've had a Default Notice, dig it (and the envelope) out and post the notice up on here less personal details but leaving dates intact.

Was there any Payment Protection Insurance on the account?

Unfair charges?

 

Elsa xx

[clairus99]

just wondering what happened next here as i am at this stage with reliable now