Reliable Collections chasing OH's JDW cat debt

[paulh1818]

Thanks bazooka. I've started to receive text messages and automated phone calls to my mobile too now.

[Bazooka Boo]

Keep a diary of events, and start making those complaints..

[paulh1818]

Yes. I will do. Most of this is second nature now...

[Bazooka Boo]

Which makes you wonder just how many times we all have to complain about these undesirables and their questionable work ehtics.

drop a line to your local MP also, get them to raise the issue in the commons..

[paulh1818]

Hi. I sent the letter to freds as suggested by Bazooka, (thank you). I received this today...

http://i1236.photobucket.com/albums/ff458/paul19731/DSC00796.jpg

Do I have any argument against this or is it time to make an offer? I have to admit this letter rattled me a bit.

[DonkeyB]

The agreement they sent you did not satisfy a s78 request because the address was incorrect.

 

Did you point this out to them?

 

Anyway, they would only go back and recreate one that does comply.

 

Perhaps you should be asking for the huge admin charges to be removed, then get shot of it.

[Bazooka Boo]

That letter is the standard template they use for CCA's opened after 2007, nothing to get rattled about, unreliable collections barking worse than their bite.

[paulh1818]

Okay thanks guys. Should I respond at all?

[Bazooka Boo]

Unreliable seem to have taken the deluded approach of Judge Jury and Executioner!

 

Apart from telling them that you dispute this account, go back to the OC and demand the charges they have applied to be refunded, therefore redi=ucing the total amount owed in which you will be happy to make an offer of payment, but on YOUR terms, NOT theirs.

[paulh1818]

Sorry to be a pain but is there a template for such a letter? I don't want to mess this up. Thnaks.

[Bazooka Boo]

I don't think there is, you will need to know exactly how much and what charges they have added in order to claim them back, have you got all of your statements showing this? If not you would need to do a SAR which costs £10 to get this info.

http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

[paulh1818]

I didn't keep any statements but reliable collections very kindly sent with my cca 'an itemized breakdown of the account dating back to when the account was opened'. The cover letter also states 'Since the account was opened 15 payments have been made to the account to date totalling £175.69'. The amount they are asking for is £338.25 which means a total of £162.29 in charges. Is this good enough to ask for the charges back? Though, all the charges show as 'internal charge C - Administration charge - £12'. Adding all the charges from the breakdown comes to £156. A difference of £6.29. Thank you for your help. Paul

[Bazooka Boo]

Yep those are the charges you want refunded, this will be used to offset the total amount owed, and then you can make them a monthly offer of payment. besides it will be extremely unlikely for them to pursue any legal action for such a pitiful amount.

[paulh1818]

Well I did request that the charges be refunded and said I would make a 'realistic' offer of repayment should they agree to the charges being refunded and I also pointed out the problems with the cca (wrong address and unsigned). Since then, nothing...... All the calls and texts have stopped. No letters from unreliable or freds and it has been about 10 weeks. Should I just wait and leave well-enough alone? Or should I be more pro active? Thanks for reading.

[cerberusalert]

I'd leave alone for now, but keep that cca they've sent safe for future use if needed.

[paulh1818]

Okay thanks. The CCA is safely tucked away with the other 500+ DCA generated junk mail.

[paulh1818]

Well they took their time but finally - a response! I'd be grateful if someone would cast a careful eye over this please.

http://i1236.photobucket.com/albums/ff458/paul19731/DSC00957.jpg

http://i1236.photobucket.com/albums/ff458/paul19731/DSC00958.jpg

 

They did indeed include a 'new' cca with the correct address written in. I'm really not sure where I go from here. As always, thanks for your time.

 

Edit... On closer inspection the new agreement has a digit missing from the door number of the address. Does this still constitute an incorrect address or am I just being picky?

Edited June 14, 2011 by paulh1818

[paulh1818]

Anyone have any suggestions on how to respond to this letter? They refer to the cca themselves as 'unenforceable' and 'improperly executed'. Thanks for reading.

Paul.

[Bazooka Boo]

Yes that is exactly what I read also!

 

IMO I would sit on it.

 

Have freds rattled your cage yet?

[paulh1818]

Freds have not tried to rattle my cage since I sent them the dispute letter, but according to this last letter from 'reliable collections', freds will 'resume activity' on the 6th of july. They seem to think that they still have a shout at getting a result in court though. I even offered to pay them if they refunded the admin charges. As you suggest then, I'll sit on it and wait. I'm more than prepared for freds this time.

Edit - They also state in the letter 'We cannot trace a signed agreement...'

Edited June 15, 2011 by paulh1818

[Bazooka Boo]

Bang to rights IMO, only a court will be able to decide on whether this is enforceable or not, and I wouldn't be holding my breath for that to happen any time soon. Tell them to put up or shut up, if they aren't prepared to take this to court, then they should stop willy waving, your not going to budge.

[bubbsie1]

had a bad start to the day calls from DCA but this made me laugh so much, now can't wait until they call again will do the same !!

 

Going to put VH1 on straight away.

[Bazooka Boo]

They don't ring me anymore, so I resort to ringing them! The little darlings...

[BRIGADIER2JCS]

AS bBB said they would have to seek the courts permission to issue a claim, which is what they have stated in the letter.

I would wonder at the chance of their success or even if they would bother.

[paulh1818]

Cheers Bazooka, I'll get a letter to them. Honestly, reliable are like a dog with a bone- they just don't know when to let it go! They don't ring me anymore either, I'll have to wait for freds to contact me before I can have a bit more fun...