help with simply be/ reliable collections

[georgie2404]

hi please can anyone help me please, iv had simply be asking me for money since this time last year i have asked for the copy of my credit agreement and they sent me a true copy that they had filled out with no signature on it and said because i took out the account online then they dont have to send me one with my signature on it, i have since asked for a so called copy of the box i ticked online but they still have not sent me it. i now have a letter off reliable collections saying about an agreed payment plan that i have set up, which i have not agreed with them. i have wrote that i do not agree to the agreement in many previous emails to reliable collections finance dept they have also added 10percent of the bill to the invoice as this is what they charge for the "agreement", i dont know what to do now, do i sit and wait till i get a court summons. they are saying the account was taken out in apr 2007, is please help

Edited November 18, 2009 by georgie2404

[manchester1]

georgie2404, without sounding rude ,your thread is a bit confusing?.

 

1 Have you received a true copy of agreement or not

2 Is the agreed payment plan with reliable collections ,if yes then how have simplybe added 10% to it.

 

It would help all if you organised it a bit

 

Manc1

[georgie2404]

c below

Edited November 18, 2009 by georgie2404

[georgie2404]

iv re written the post sorry it was confusing

[postggj]

Georgie

 

The Payment Plan Thing Is To Get You To Admit The Debt Covertly

 

Do You Have A Copy Of The Agreement In Your Possesion

 

Post It Up Minus Personal Details But Leave In The Figures

 

Google Photobucket And Use The Upload Link For Message Boards With Out Thumbnails Option To Post

 

LAST QUESTION

 

DO YOU HAVE A DEFAULT NOTICE

[Jan4a]

hilaryfrances has just complained to FOS about JD Williams Group. Keep an eye on her thread and see how she does. Sorry can't do links!

 

I think all the catalogue companies need to be reported to FSA as well, whatever the conclusion, most of them are terrified of an investigation because their paperwork is so bad.

[cerberusalert]

Sorry can't do links!

The easiest way is to copy the url from the thread you want to link to & paste it into your reply.

[georgie2404]

> > We can set up a Long Term Payment plan where payments will be payable

> every

> > 28 days, providing you;

> >

> > Send your payments on time allowing seven days before the due date shown

> on

> > your statement.

> > Do not place any further orders on your account.

> > Contact us immediately if you have any problems making payments to your

> > account.

> >

> > In return we will;

> >

> > Stop all future charges.

> > Send a statement every 28 days with 2 payment slips attached once your

> > first payment has been received.

> > Take your payment over the telephone on 0870 160 1951 by

> > SWITCH/DELTA/MASTERCARD or VISA.

> > Help if you have a problem maintaining payments to your account.

> >

> > In accordance with our trading terms and conditions an arrangement fee of

> > 10% of the outstanding balance will be added to your account and you will

> > be unable to place further orders. If payments are late or missed charges

> > will be added.

> >

> > Please contact us to let us know how much you can reasonably afford to

> pay

> > and if you wish to proceed.

 

This is what i received in an email then i got a letter saying a notification of an agreed payment plan. thats all iv had. im not sure if i have a default on this account but i have not got any paper work.

[postggj]

They Cant Add Collection Charges

Period

 

Only Of Its In The T&c From The Cataligue Company

 

Not Seen One Yet

 

Like I Said

 

They Are Trying To Get You To Acknowkedge The Debt

 

Post Up That Agreement

[georgie2404]

i havent got an agreement of them yet

[georgie2404]

had another letter today concerning the emails sent i asked them if i cud pay 7.50 a week thats when they sent me the email about setting up the agreement but they wanted 30.00 by 27th november, i mite not be good at maths but that is not 7.50 a week. ive stilll asked for my signed copy of agreement but they just keep saying that catalogue companies do not need to send a signed copy and also cos i opened my account after apr 2007, and that they can still take me to court and add costs and charges. what should i do, should i just leave it and wait for court action thats if they go ahead and do it, im a single mum and only living off benefits i just dont know what to do now

[postggj]

if your cca request was sent recorded delievery

 

they are now in default and are not allowed to harrass you for payment until they comply with your request

 

have you told them this

[georgie2404]

iv said this to them but because they have sent me a true copy that they have filled out and iv not signed they said this is all they need to do?

[postggj]

I Am Getting Rather Fed Up Of Companies Using This Sorry Excuse Ref The Cca

 

To Enforce An Agreement, The Creditor On Request Has To Supply A Copy Of The Credit Agreement

 

They Creditor Can Send A Patched Up Version Of What You Might Have Signed To Comply With The Request

 

to Enforce That Agreement They Need A True Copy Of The Original Agreement, Not Some Made Up Piece Of Crap

 

Tell Them You Will Make No Payment, Acknowledgement Of This Account Until They Send A True Copy

 

All Further Enforcement Will Be Viewed As Harrasment And Reported To The Oft And Trading Standards

[georgie2404]

ok thanks so much

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[georgie2404]

i sent this to them at the beginnning of the year and just keep getting letters back in short saying they do not need to provide it as i took the account out online and it was after april 2007 and that the 1974 consumer credit act does not include anything after this date.

[cerberusalert]

You are still entitled to a screenshot of the online agreement which must show the tick box.

[georgie2404]

well thats what iv been asking for the last week or so. so i shud just wait and see what they do now then?

[georgie2404]

what should i do sit and wait??

[georgie2404]

i had a catalogue account with simply be for some years i cant remember when i took it out. iv sent a cca letter to them in jan last year and they just sent me the usual true copy and explained that i did not need a signed copy. then i was getting letters offering me a payment plan but adding another 90 on top of the original bill which over the last year has gone up and up. on friday i received a letter saying they are sending someone to my property on wednesday 17th feb 2010. im also getting at least 5 calls a day and when answered its an automated service. im sending them an telephone harrassment letter tomorrow.

the debt has gone into further debt cos i just cant afford to pay it i asked for help and they wouldnt bring the payments down.

i dont know what to do now, iv told them to take me to court but after a year still nothing has happened, what should i do im a single mum living off benefits

[debt4get]

stick to your guns, they have no enforceable agreement... i had same problem with them, eventually this week have received letter offering full and final settlement of 12 pound on an alleged 200 pound debt... just dont give in

[Bazooka Boo]

They can send someone round all they like, you don't have to entertain the knuckle heads. In fact I would open the door hand them a bag of rubbish and tell them to put that in the bin, and shut the door.

 

IF, and it is normally a very big IF, they do send someone round, you don't need to speak to them or let them in, just tell them to foxtrot oscar, and if the don't ring the Police,999, and report that there is someone on your property asking for money who won't leave and you think there will be a breach of the peace.

[georgie2404]

thanks very much for helping me

[DT&FE]

Guys

 

my wife is also being pestered by this lot. She had a catalogue account and she CCa'd them they sent back a blacnk credit agreement that someone elso had filled in her details (different handwriting) and there is no signature in the box. This account is being loaded by £12 every two or three weeks despite her telling them that due to the excessive charges the account was in dispute.

 

Latest letter states " your conduct in this matter is unacceptable and will not be tolerated"

 

are they all huuf and puff?