Jd Williams/reliable Collections

[alfwithhair]

i sent it to BCW as i assume they are the account holders now and all the other sar i have sent for other debts have been to the DC

 

The SAR goes to the original creditor JD Williams, I did tell you that in post #13

[sorrylittlelot]

yeah i know mate, i just did what i have always done as the DC say they own the debt etc

 

regardless i shall now SAR direct to JD. what should i do with regards to the postal order i sent to BCW that they claim i didnt send?

[alfwithhair]

yeah i know mate, i just did what i have always done as the DC say they own the debt etc

 

regardless i shall now SAR direct to JD. what should i do with regards to the postal order i sent to BCW that they claim i didnt send?

 

You can check very easily if the PO has been cashed by calling

Postal Order Dept: 01246 542 500

You will need your Postal Order receipt with the Voucher ID

.

If it has get post office to supply proof and then confront BCW about the theft of your money which they say they didn't get

[seen this before]

contact the post office and see if its been cashed,was it made crossed.they cannot enforce an agreement unless they have provided a true copy of the original cca under s78 of the 1974 act,being a catalogue depending and if opened prior to april 07 their unlikely to have one.

 

78 Duty to give information to debtor under running-account credit agreement.

 

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F10£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

©the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

 

(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;

 

another opportunity to apply the cputr 2008 too.

[alfwithhair]

contact the post office and see if its been cashed,was it made crossed.they cannot enforce an agreement unless they have provided a true copy of the original cca under s78 of the 1974 act,being a catalogue depending and if opened prior to april 07 their unlikely to have one.

 

78 Duty to give information to debtor under running-account credit agreement.

 

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F10£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

©the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

 

(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;

 

another opportunity to apply the cputr 2008 too.

 

It was a SAR, not a CCA request

[seen this before]

yes but they never replied to the november 09 request for a cca,if they are cashing the postal orders thats another £10,you cannot stop these,they don't own the debt and it the usual "our clients"

[alfwithhair]

yes but they never replied to the november 09 request for a cca,if they are cashing the postal orders thats another £10,you cannot stop these,they don't own the debt and it the usual "our clients"

 

Yes but any money sent for what ever reason is cashed and credited to the account, then they will try the' a payment was made on' stunt after 6 years to claim its not SB.

 

You know the score and how these sharks work

[seen this before]

its important that the "missing" postal order is located and has it been cashed and where the money is,if its been allocated,its a shame it got to this as you could have hit them with the s78 no further requests for sars of £10 payments' would have been sent.buchanan clark & wells have no paperwork and for whatever reason broken the cca. and the former combined with the cputr would have seen it returned to jd williams as sometimes these letters are marked "without prejudice" this means it cannot be used against them,the letter is untrue because the original cca request is still outstanding and they shouldn't be threatening proceedings.

Edited July 25, 2011 by seen this before

[sorrylittlelot]

ok they have replied asking for a copy of some id - pasport, driving licence, utility bill etc

 

(i do live at a different address to the one i was at when they first contacted me.)

 

im going to call about the postal order in the morning.

[citizenB]

Utility bill only I would say..

[sorrylittlelot]

well randomly, before i sent any id in my SAR arrived yesterday, i will scan and post the statement page later this evening.

 

thanks guys

[sorrylittlelot]

heres the scan

Edited August 13, 2011 by sorrylittlelot
/

[sorrylittlelot]

http://i682.photobucket.com/albums/vv188/sorrylittlelot/006.jpg

[alfwithhair]

£96.00 of charges on that statment + interest

 

Is that all they sent for an official £10 SAR?

[sorrylittlelot]

no, it was quite a hefty package, think it was a complete SAR.

 

just wondered where i go from here

[sorrylittlelot]

do i write back?

[BRIGADIER2JCS]

Hi, Before doing anything

go through all that you have

been sent, check on all the

charges etc., total them up,

and start reclaiming.

[sorrylittlelot]

£96.00 before interest, how can i clai them babck?

[sorrylittlelot]

£96.00 before interest, how can i claim them back?

[sorrylittlelot]

as for the postal order they say they never received, I have just contacted the post office and they have confirmed that it hasn't been cashed and I shall now write for a refund.

[BRIGADIER2JCS]

Oh yes, and make a complaint about

there service, and misappropriation of

the money, must mount up all these quids

for nothing:jaw:

[sorrylittlelot]

i dont mean to sound foolish but how do i re-claim the charges and on what grounds?

[sorrylittlelot]

confusions familiar

[silverfox1961]

In section 3 HERE there is a template letter to start the reclaim process. Also there is a spreadsheet for you to work out how much interest to charge

[sorrylittlelot]

Hi, i looked at the spread sheet but i can only see that it is for bank charges at 29.90%

 

what do i use?

 

on a side note, my SAR had no CCA in it

Edited August 22, 2011 by sorrylittlelot
\