Reliable Collections chasing OH's JDW cat debt

[paulh1818]

Hi, I received a letter from reliable collections today. So thats two debts I now have. Probably more to follow. I'm going to offer them £10 a month, like I will with every dca.

 

However, I just wondered what you wonderful ladies and gentlemen make of a particular line from their letter, 'We can offer a range of solutions that will ensure that you only pay exactly what you can afford. In addition, if you need help with any other debts we will act on your behalf to talk to your creditors'.

 

Now, before finding cag a few days ago, I might have taken up the offer because I really am quite afraid of court and laws etc... But after reading what some dca's get up to, I'm asking myself whats the catch?

 

Paul

[Bazooka Boo]

Why offer them £10 a month!

Whats the alleged debt for and do they have the right to collect it?

As for their missive offering to help with other debts, that is up their with "Valid even if not read by you"................

[paulh1818]

LOL! It's just a catalogue debt that I've fallen behind with. It's only £200 so I'm not too worried about it. Maybe I should ask them to contact Kays catalogue for me to sort that bill out. That one's a whopper.

 

You know on DCA letters they are usually headed with a big bold threat such as 'LEGAL PROCEEDINDS IMMINENT!', well, this one says 'HERE TO HELP PLEASE READ ON' LOL!!!

 

Paul

[coledog]

Agree - don't offer any payments until you obtain more information about the debt and their right to collect it. Also your other debts and income/expenditure have nothing to do with them. Offering a DCA a small amount will only encourage them to pester you to pay more.

 

NEVER speak to these people on the phone - either by calling them if they ring you and never give them a phone number or any bank details (even a cheque or by setting up a Direct Debit).

 

Many DCAs (all probably) will threaten legal action and all sorts (bailiffs etc). You have to be aware of the proof they need to obtain a CCJ and your own rights. The courts are there to protect YOU and not for the benefit of DCAs.

 

How old is the debt and what is it for?

[paulh1818]

Thanks, as I said its a £200 catalogue debt and I've just recently fallen behind with payments. Originally opened the account in 2008. I havn't spoken to them at all. Infact, I've unplugged my phone such is the extent calls I've been getting from various 'creditors'.

[coledog]

Sorry - posts crossed.

 

If you want to pay this off - try the OC and try to arrange a settlement, avoid the DCA.

 

However, Take care if any other DCAs contact you.

[coledog]

Start a separate thread for each DCA and we will try and help.

[paulh1818]

Thanks coledog, there will be a few over the coming weeks I fear. I'm quite happy to pay something to any debt I owe. However small the amount maybe. I just hope they all accept. Just noticed reliable collections are adding some sort of charges though...

[Bazooka Boo]

Regardless whether they accept or not, you can only pay what you want, don't let them dictate to you the amount, you tell them what they will receive end of.

[paulh1818]

Yes thats true Bazooka. My plan was to offer £10 a month then if they are happy so am I. If they are not happy I ask them to produce an agreement. If they produce a valid agreement I continue to pay £10. If they don't, I offer £5 a month as a goodwill gesture. Does this sound reasonable?

[coledog]

No - don't make an offer until you have taken some advice.

 

Avoid 'reliable collections'. Get help here to decide if each debt is enforcable and if you need to obtain a credit agreement or challenge the amount they say that you owe.

 

Work out what you can afford and tell the creditor in writing. Never get involved in discussions with them or agree to send details of your income, expenditure or other debts, they are NOT entitled to know this. Keep copies of everything sent and received (including envelopes).

[Bazooka Boo]

It is entirely up to you how much you offer to pay them, as a rule I normally offer say £5 a month, then when they refuse it, I offer them a £ less, each and every time they refuse my offer, I reduce the amount by a £, until they either learn the error of their ways and accept, or my offer drops right down to the token payment of £1 a month, either way they learn that I am the one in control, NOT them.

Your offer sounds more than reasonable to me.

[paulh1818]

So you think I should just ask for a valid agreement anyway? I've kept all letters but I have binned all the envelopes. oops...

[coledog]

Don't worry about the envelopes but keep in future, some DCAs can be 'creative' about when things were actually sent.

 

Enforcability depends on the age of the debt, the type and the amount. If yours are all small and started after 2007 they could well be enforcable but check to see if you are being hit for lots of charges, PPI etc. It is worth checking it out before making an offer.

[paulh1818]

This account is actually my wifes. She opened the account online. She has never physically signed any document.

[coledog]

Online accounts are now covered but I don't know a lot about catalogue loans - other do.

[paulh1818]

Well thats knackered that then lol. Is there any harm in requesting an agreement anyway?

[coledog]

No - you can request it, there is a template you need to send with a £1 postal order. Send recorded delivery and print your name - do not sign. Are Reliant actually chasing you for this debt? If so send it to them (they will probably send it back to the OC) if not send to the OC. Allow 12 working days (plus 2 for postage) and if nothing returned you can put the account in dispute. If they return an agreement you can get it checked ot here but will have to scan it with all pesonal data removed.

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Yours faithfully

 

PRINT NAME

[paulh1818]

Thanks so much. I think reliant are JD williams in house collections dept. The letter tells me to make payment to the original account not to them so I'll send it to JD. I'll let you know how it goes.

[laalinz]

I am currently fighting with VERY catalogue and NEXT Directory. I sent VERY an SAR which I received yesterday. Just wadding through all the paperwork and there is loads of chargers to claim back.

 

Have you thought about sending these a SAR and checking chargers and PPI? Tenner well spent

[paulh1818]

Iv'e been very lazy with these people. I've had bigger fish to fry so I have just ignored them. Yesterday they sent a letter to say that after their investigations they have discovered that I am still resident at this address. I'm well chuffed for them! However today I have been receiving calls to my mobile. 4 calls in 2 hours. I ignored the first call and googled the number to find out who it was. the second and third calls I answered, asked them to hold then put my phone in a draw. They musn't have liked running their phone bill up because the last call was from an 0800 number! So the CCA will be on it's way as soon as this piggin ice melts.

Paul

[coledog]

Yes - fond of the old drawer trick myself!

[paulh1818]

My phone is in the drawer as I type. 3 and a half hours, 7 calls from 5 different numbers. It's my wifes account so they can ring all they like. It's amusing in an odd kind of way.

[coledog]

You can also send them this letter and complain about the telephone harassment to Trading Standards via Consumer Direct and also complain to OFT.

 

Harassment Letter

To stop those annoying phone calls

http://www.consumeractiongroup.co.uk...esponse-letter

[paulh1818]

Thanks for the link! I've just treated them to a bit of 'David Hasslehoffs top 50 Christmas Crackers' on VH1. They hung up. Miserable so and so's...