Reliable Collections

[chopkins]

Hi

Iam in the same situation as you are, with Realible/Simply be.

I have just received their version of my contract which looks just the same as yours, (ie. no signature) and a garbled letter that states they dont have to provide a signed contract and they can ring me whenever they like, and its not classed as harrasement.

 

I am just about to send the second letter off.

 

Glad to know im not the only one.

[canniepay]

I'm not sure.

 

I'm just going with the advice that was kindly given to me on here.

As soon as i've heard something i will lt you know.

What seems funny is they've only sent this for my wife who has two accounts, but i have heard nothing and not been sent anything and i have four accounts, but when they ring they always ask for me, so no idae has to whats going on i'm just going with the flow that no CCA, then nothing is enforceable and they can huff and puff all they like...

[Bazooka Boo]

'when responding to a section 78 request, a lender does not have to provide a photocopy or other literal copy of the executed agreement nor provide a copy bearing or some other proof of the customers actual signature'

Is this true?

 

Yes which is why if you want proof of signatures you shouldnt use this template.

 

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

[canniepay]

So what happens next?

 

Do we carry on the path that the account is in dispute?

 

Please Help.....

[Bazooka Boo]

Yes, account in dispute, no further 'legal' action can be taken.

 

They will flog it on and it will go round the houses a few times until someone realises they are flogging a dead horse and sell it on to Lowlifes or muckhall.

[canniepay]

Thankyou...

 

Can't begin to tell you how much help this site is and and the help people give to people is fantastic.

 

very much appreciated...

 

Thanks

[welshwizard]

HI

 

I would recommend persevering with this lot. I have recently launched my own war of attrition against this lot by making official complaints (by email) to them telling them that they've phoned me when I've told the to write, using automated diallers which never connect - in breach of OFCOM guidelines, failed to comply fully with lawful requests (Section 10 notice, CCA and SAR), harrassed me, threatened court action (albeit verbally) without an enforceable CCA. Indeed, I am up to complaint number 10 - in a single month! It is now my practice to respond to every phone call with a complaint citing all my complaints to date as background plus the new complaint - this making it a separate and wholly new complaint which requires a whole new investigation etc.

 

The result? All of a sudden my credit record shows unknown status on tehse accounts when last month they were reporting 3 months late. HOwever, it's not all positive because despite asking for a response from their MD, I have yet to receive any response from anyone except photocopies of a couple of letters that their solicitor S Beat sent me last year. I asked them for a copy of their complaints procedure - nothing provided.

 

Personally, I am sort of happy because my phone is quiet butI would actually like a response to each of my complaints as there is no excuse for their collection methods and dosregarding their duties under the various legislation. This company (and its associates) relies on bullies to frighten people into submission - if you take the bully by the horn they start to back off QUICK.

 

I haven't even started to tackle them about the PPI charges that they applied to the accounts - something I would not have signed for (indeed, I signed no agreemnet whatsoever) as I was out of work and on IB when the account was opened. Guess I will have to go searching for info on PPI now.....

[Bazooka Boo]

Every time you need to make a complaint to them, you should also CC the OFT and TS, very easily done especially on emails..

Like your style mind, if only everyone followed the same process maybe then something would change:rolleyes:

[canniepay]

Don't worry, i intend to keep going...

 

Thanks

[melly-mo]

Hi I hope you don't mind me tagging on the end of your thread but I have just had dealingswith reliable collections.. Briefly, I believe I opended a jacamo account post april 2007 (not sure!) and got into difficulty. I started a payment plan with reliable and paid regularly for about 6 months. I then moved and lost all paperwork.

I forgot all about this account until today when I received a statement. The balance has gone from £570 to £1019. I broke the golden rule and called them. These charges are default charges and interest!! and if I wanted to make another arrangement I would need to pay the minimum of £380 today - fat chance..

I need advice -does unenforceable ccas apply to this account post april 2007 - I know this account was opened by internet. Shall I just make an offer of payment requesting freeze of charges. Any suggestions of my next step?

[debt4get]

well lets start with let them come up with the cca...you never know they may have lost/misplaced the thing who knows

send letter put in a pound postal order do not sign simply print your name allow 12 + 2 working days for them to comply

CONSUMER CREDIT ACT 1974

Xxxxxxx

Xxxxxxx

Xxxxxx

Date xx/xx/xx

 

 

 

To Whom It May Concern:

 

Your Reference: Agreement Number:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request. If you intend to send a reconstituted copy of the Consumer Credit Agreement you must declare the reason why it has been reconstituted and if the original still exists and in what form (microfiche) etc

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by you is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration of Justice Act 1970, Protection from Harassment Act 1997, and Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

[canniepay]

My wife got two CCAs last week with the wrong address on them and i've just received four today with the wrong address on them asking to sign and return, they are pre constituted and not the original no signatures at all from us, plus are current address and when we opened the accounts we were at the old address, so i guess still un enforceable and the accounts are still in dispute...

 

yippeee

 

Still plodding on...

[RoyalIrish]

'Sign and return' lol!

 

You gotta admire them!

[melly-mo]

thanks debt4get i will cca them but how do I stand legally does the law not treat agreements after april 2007 differently if they go to court - can anyone clarify? C-h-e-e-r-s!

[canniepay]

I'm not sure but someone i'm sure will be along shortly...

[debt4get]

they are treated differently however, lets make sure they have one first and that is legal...no good worrying bout it..till you know

[canniepay]

ok next round.

Can anyone help with this please or are they just Bluffing.

 

This is a letter i received today...

 

Thanks http://i971.photobucket.com/albums/ae196/bigpete8573/20-07-2010202625.jpg

[debt4get]

someone with a bit more nouse than me should be along but if it was opened via internet post 2007 then it is gonna be a valid cca if i remember correctly

[rigbyp56]

hi i am new on here, and i am sorry if i am doing things wrong. you see my husband used to deal with these matters. but he is now, mentally not able to deal with them, in part due to jd williams/reliable collections. we recieved a letter off them today, my husbands accounts have been sorted after over a year. but mine have not, they are saying that they can take me to court to apply for an enforcement order. can they do this. i gave them 10 days to reply to my last letter, that was 2months ago. what can i do next. rigbyp

[canniepay]

So does anyone have any advice on a letter i can send them.

or do i admit defeat....

 

Please help..

[Bazooka Boo]

CCA's opened post 2007 are normally deemed enforceable, however, the same process applies, if that is their reply to a CCA request, that does not satisfy the request.

 

Stating that they can obtain a charging order is incorrect, they will need to take you to court and obtain a CCJ against you first which you will then need to default on then they can apply for the CO.

 

rigbyp56, are you able to start your own thread, as your predicament will go unread here, click on

Debt Collection Industry - The Consumer Forums

 

Then scroll all the way to the bottom of the page on the left hand side will be a button with the words 'new thread'

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=167

click on that give it a title and away you go.

 

What was the content of your last letter, were you asking for a copy of your agreement?

 

What is the debt, credit card, loan, catalogue?

How much roughly?

When was this taken out?

When was the last time payment was made?

[canniepay]

What would they put a charging order on has we don't own our property.

do you think there likely to follow through with this course of action?

 

Thanks

[Bazooka Boo]

If you don't own your own property, then this can safely be viewed as imbeciles attempting to exploit your lack of knowledge.

 

Contact Consumer Direct - Contact uswho will pass your complaint onto the OFT and TS, what fools claiming that they can carry out a method of enforcement when they clearly cannot.

 

Unreliable collections in every sense of the word!

[canniepay]

Yep!

 

That is true....

 

Should i carry on and call there bluff?

 

Or is there a letter template that anyone can help me with?

 

Thanks

[Bazooka Boo]

Is that the reply you got in response to your CCA request?

 

If so you could send them this..

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

With snippets of this,

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Clearly you will have to edit and amend to suit, ie the signatures, if it was done on-line and other parts, but them saying that the rules have changed and they will still pursue in court, isn't a good enough answer in relation to, show me my original agreement.