Reliable Collections chasing OH's JDW cat debt

[coledog]

I believe 'Bargain Hunt' is very popular...

[Bazooka Boo]

Quality, absolute quality......'Who's callin please.....yes one moment,' :first:I wonder how long it will be before they carch on?

Keep a diary of events with a view to reporting them and having them charged with the criminal offence of harassment by your local Police.

[paulh1818]

Thanks Bazooka. They are calling my mobile so all dates and times will be stored. 11 calls in total yesterday. They don't seem to catch on very quickly. I also started to ask who is calling. One reply was 'Errrrrrrrrr I'm calling on Errrrrrrrrrr behalf of Errrrrrr J Errrrrrrr D Errrrrrrr Williams'. Another was simply 'I am a catalogue company'!?!?. With razor sharp minds like that I don't know how they are still in business. Anyway no calls yet today.

Paul

[Bazooka Boo]

Make a complaint to the OFT&TS via http://www.consumerdirect.gov.uk/contact & http://www.ofcom.org.uk/contact-us/ about the telephone harassment and their misuse of the communications network.

127Improper use of public electronic communications network E+W+S+N.I.

 

(1)A person is guilty of an offence if he—

 

(a)sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

 

(b)causes any such message or matter to be so sent.

 

(2)A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

 

(a)sends by means of a public electronic communications network, a message that he knows to be false,

 

(b)causes such a message to be sent; or

 

©persistently makes use of a public electronic communications network.

 

(3)A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

 

(4)Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

http://www.legislation.gov.uk/ukpga/2003/21/section/127

 

1 Prohibition of harassment. E+W

 

(1)A person must not pursue a course of conduct—

 

(a)which amounts to harassment of another, and

 

(b)which he knows or ought to know amounts to harassment of the other.

 

(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

 

(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

 

(a)that it was pursued for the purpose of preventing or detecting crime,

 

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

 

©that in the particular circumstances the pursuit of the course of conduct was reasonable.

http://www.legislation.gov.uk/ukpga/1997/40/section/1

 

40 Punishment for unlawful harassment of debtors. E+W

 

(1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—

 

(a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

 

(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

 

©falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

 

(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

(2)A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

 

(3)Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose—

 

(a)of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or

 

(b)of the enforcement of any liability by legal process.

 

(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than £100, and on a second or subsequent conviction to a fine of not more than £400.

http://www.legislation.gov.uk/ukpga/1970/31/section/40

[paulh1818]

They seem to have stopped calling. Maybe they did catch on after all. Is it still worth complaining taking into account I basically just took the michael out of them?

[coledog]

Still worth a complaint or two, particularly if you did politely request them not to call you before taking the pee out of them.

[paulh1818]

Hi again. I sent the cca request and it was signed for on the 15th. I have a letter from them today dated the 15th.

 

'Dear Mr -------

Your conduct in this matter is unacceptable and will not be tolerated.

Our client has delivered goods to your address and little effort has been made to pay for them.

We are currently considering further steps to recover the debt which may result in court action and further to this all court and solicitor fees would be added to your balance.

Take note that a payment needs to be paid within the next 48 hours to prevent further action.'

 

I'm thinking that the letters have crossed. I'm also thinking they don't want to help me anymore. Should I ignore and wait?

Paul

[sillygirl1]

That is an old letter which keeps being recycled, I think you shold reply back with

 

"Please provide me with an itemised list of the goods and address they were delivered at as you are so sure of yourselves on this point. It is a requirement of the courts that you have this information before you start your claim, which will be defended.

 

I am also informing the OFT, Trading Standards and Ministry of Justice of your own intolerable behaviour in this matter."

[Bazooka Boo]

"TAKE NOTE!!!" I beg your pardon, who do you think you are talking too?

I do believe that it is you who is being unacceptable in this trivial matter, and therefore I will not tolerate you any longer, please feel free to continue to send me your vacant threats and puerile intimidation, as my hamster enjoys using them for his bedding.

I also see that you are "currently considering taking further steps", is this because you have only just learnt how to walk, the only further steps you need be taking is off a cliff.

Good day to you.

[paulh1818]

Received the requested cca today. Would be grateful if someone would take look.

http://i1236.photobucket.com/albums/ff458/paul19731/DSC00712-1.jpg

http://i1236.photobucket.com/albums/ff458/paul19731/DSC00713.jpg

http://i1236.photobucket.com/albums/ff458/paul19731/DSC00714.jpg

Hope I added the links correctly...

As you can see my signiture is not here but they point out in the letter that they don't need it anyway. My address, which I have removed, is my current address. Not the address that the account was opened at, if that matters. The 'itemized breakown of the account' they included shows that they have added a total of £144 in administration charges. Almost forgot, the phone calls have started again!

Paul

Edited December 23, 2010 by paulh1818
additional info

[sillygirl1]

Naughty of them adding admin charges, these can be challenged as unreasonable. What you now do is add at the end of each letter

 

Please note I will be charging £35 for each letter I have to send to you, this includes research time, storage and retrieval of relevant legislation/documentation fee, postage, packing and other disbursements... I will also be charging £25 for every phone call received. My invoice will be following and I expect payment within 30 days.

 

They are taking the michael so you need to let them know you are not playing nicely either.

[DonkeyB]

If they are attempting to recreate your agreement, then Carey v HSBC states that it must be an exact copy – ie. the address must be that at the time of opening the account, and the T&Cs must be he exact ones. So they fail on that count. Some idiot is trying to quote the regs and does not know what they are talking about. However, a recreated agreement, if done correctly, can only satisfy a S77-79 CCA request, and is no use for enforcement in court. Interesting that they have signed the ‘agreement’ themselves. Wonder why?

 

And I’m not sure I can see any references to interest rates on those T&Cs, which is another fail.

[paulh1818]

So, they have satisfied the request but it still isn't enforcable? On my second link in the above post under 'other financial information', it states 'Total charge for credit (interest) £23.36 Rate of interest 39.9% per annum.' It's not very clear in my upload but is clear on paper. What do I do now? And how do I challenge the charges?

[DonkeyB]

No, they have not satisfied it correctly. The address is the wrong one.

[paulh1818]

Thanks DonkeyB. Should I now just wait for the 14+2 to be up then put the account into dispute or should I be doing something else?

[Bazooka Boo]

If they have failed to respond to your request 12 'working' days after they received it, and that is all they are hoping to use, then the failed letter can be sent.

[paulh1818]

They have responded within the timescale. But if it isn't enforceable, I'm not sure if sending the 'account in dispute letter' is the correct thing to do. Basically, I don't know what to do. Is the 'failed' letter the same as the 'dispute' letter?

[Bazooka Boo]

Try this one:

http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

[paulh1818]

Thank you, Bazooka. Much appreciated. I don't think they'll give up so easily though. We will see!

[coledog]

Yes - Definate account in dispute letter - they have not sent a properly executed copy of your credit agreement.

[paulh1818]

Okay thanks. Should I send both letters? The one bazooka suggested then the account in dispute letter when the time has expired? They have been ringing all evening. So tempted to have a good shout at them...

[coledog]

Send Bazooka's letter, that will put the account in dispute. Add a paragraph that their continued harassment by telephone will result in further complaints to OFT, Consumer Direct, OFCOM and the police. Also request a copy of their official complaints procedure by return of post and state that you will be taking this further with FOS.

[penmarine]

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

 

Hi laalinz, did you get a CCA from NEXT, depending on if you did it online (before Apr 07 or 08) or in store, you'll probably find they don't hold one? I requested for the wife and they had nothing, never heard from them after the 2nd letter please give us some money for this acccount that we cannot prove is yours:madgrin:

[paulh1818]

It's all been quiet but today I received a letter from Fredrickson International. 'Immediate payment required' etc. Should I write to these people and inform them that the account is in dispute? Thanks. Paul

[Bazooka Boo]

This one should do it, well, be sent to them, not they can read letters..

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency