I need some help with reliable collections please

[ScarletPimpernel]

The letter on the previous page looks like a cut and paste of different bits from the Debt Collector's Big Book Of Threats.

 

As you'd expect, full of ifs and maybes. "Solicitors will call you at your home"; how exciting! Either a 'letterhead for hire' solicitor, or one of Reliable's drones trying to pass themselves off as a lawyer - that is, of course, in the unlikely event that they phone.

 

As far as the agreement is concerned, I'm with Brigadier. It's a recon, and although not an accurate or valid one, it's not a forgery - unless they've copied in signatures , which would be questionable.

[paulh1818]

The cca looks identical to the one I received from reliable. When I queried it, this is the response i got...

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

They refer to the cca themselves as unenforcable and improperly executed so the same will apply here. For all their threats, it just got passed to dca's - first freds, now newmans...

Edited October 18, 2011 by paulh1818
Wrong link

[Abrigadier]

It is wise not to assume that the same

applies, as we cannot see all of the recon.

As ScarletPimpernel has also said it is

a recon it ''looks'' doubtful, there is as yet

no confirmation that the recon in question

is not enforceable.

 

Brig

[citizenB]

Amy, have you sent off your letter/spready for the reclaiming of charges and PPI . Did you send it via special or recorded mailing so you obtain a signature ? Check online if you did to see if they have received it. Print off the proof of receipt if it has been delivered.

 

They should at least acknowledge your claim within 14 days.

 

TBH, I would ignore that letter, your claim pretty much wipes out the debt doesnt it ?

[paulh1818]

Brig - yes thats fair enough, but having compared my cca with the shots amy has provided in post #1, it does appear identical - unsigned, address written in, same layout etc. Just a typical recon really...

[Abrigadier]

There are actually some that are

properly prepared, and judges

opinions vary wildly believe me,

going between chambers on CC

hearings one might feel that as the

judge in case 1 has found in your

favour judge 2 in the next room

hearing a very similar case will

find against you.

I see it often.

 

Brig.

[Amy_Elizabeth]

Hi there,

 

i have recieved a reply from the re-claiming charges letter. its left me scratching my head again!

 

[ims21]

Hi

 

You will have to be prepared to go to court to get these charges back. While they may cave in before a court appearance you MUST work on the basis that you will have to attend and present your case to a Judge.

 

The next step in the process is to print off an updated spreadsheet and send it with a 14 day Letter Before Action (lba). The lba is the same as the preliminary letter, just head it "Letter Before Action" and put in a final paragraph to the effect that if they do not pay you within 14 days you will issue court proceedings without further correspondence with them.

 

Only threaten court action if you intend to go through with it.

 

Time to start reading around the bank charges forums to familiarise yourself with the process of taking court action to reclaim charges.

 

ims

[dpick]

As above you will have to be prepared to go to court. Now my point they may/may-not have complied with your S77/78 CCA request if they have supplied a reconstituted agreement with the wrong address then in my opinion the have not complied. When I wrote to reliable collections and Littlewoods that they had not complied they both folded and closed account.

 

dpick

[Amy_Elizabeth]

COURT? I really cant take this stress anymore! i was paying fine untill they started whacking charges on then i started to struggle and now im in a right mess! its just before xmas, were struggling as it is, having the heating on is a luxury! i cant afford to go to court! what the hell am i going to do!

[ims21]

Hi

 

You may qualify for remission of court fees if on low income or other qualifying criteria.

 

Have a look here...

 

http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/UsingtheCourtofProtection/DG_176444

 

ims

[Amy_Elizabeth]

is there another way? ive been reading the other threads, offering them £1 a month - would they have to accept this?

[ims21]

Ok

 

So the charges reclaim is now off the menu then?

 

If so you need to write to the lender and tell them that due to your circumstances you are only in a position to pay £1 per month until your situation improves. Whether they agree or not is not really relevant. In that letter you can request them to freeze interest and charges because if they don't then the debt will grow.

 

They may still be adding the unlawful charges and if it actually pans out that they end up taking you to court, you will have a counterclaim for those unlawful charges plus the interest on them.

 

If things are tight as you said in an earlier post, i.e. "luxury to have the heating on" then you really must put this particular debt to the bottom of the list of those who get paid. Consumer debt such as this takes a very low priority and comes after all of your other expenses.

 

ims

[Amy_Elizabeth]

ok, thankyou. there is no way i can afford to go to court so i guess this is the only option. there not nice people so i doubt they will stop the charges. the debt is just going to keep growing and theres no way i can stop it. its a nightmare!

[dx100uk]

pers i think you should write again about the charges etc.

 

they will always refuse first off

there are lots of successess with these people

 

dont give up at the first hurdle

 

dx

[Amy_Elizabeth]

pers i think you should write again about the charges etc.

 

they will always refuse first off

there are lots of successess with these people

 

dont give up at the first hurdle

 

dx

 

 

would i have to send them the same letter i sent before?

[dx100uk]

they are wrong that the £12 oft thing does not apply to them

 

it does!

 

IT APPLIES TO ANYTHING THAT USES A CREDIT AGREEMENT [opps caps]

 

so you might like to mention that

 

use the advanced search top right to find the relevent oft guideline statement

and others examples of charges reclaiming from cat co's

 

you need to do a bit of reading up to be confident about what you are doing

not just follow advice

 

dx

[Amy_Elizabeth]

ok, il get on with this asap! il research all i can about credit agreements and catalogs then write out a letter with all the relevant points. i will post it on here before i post it out, if you guys wouldn't mind checking it over for me. im terrible with wording!

[Amy_Elizabeth]

im in the process of setting up the reply letter and i have another letter from fashion world. it says there passing the debt onto debt collector. now, do i carry on contacting fashion world or should i contact the debt collector? Many thanks in advance x

 

[count orlok]

I had a similar problem with Reliable and Littlewoods, they sent me an agreement with the wrong address. I stopped paying them they eventually sold it to Lowals who subsequently wrote it off. The amount wa about 3k 2 thirds of which was interest and charges.

 

A lot depends on your personal situation. we are on pension credits and live in a rented house.

[dx100uk]

always the OC

 

dx

[Amy_Elizabeth]

well ive been reading threads about reclaiming charges back for about 4 hours now and it seems the only way il get them back is by taking them to court! :0/ however, there seems to be some success when it comes to not providing a true copy of the credit agreement. do i send them the letter - DEFAULT UNDER THE CONSUMER CREDIT ACT 1974

FAILURE TO PRODUCE AGREEMENT..... or carry on trying to claim back the charges? Many thanks in advance x

[Amy_Elizabeth]

I had a similar problem with Reliable and Littlewoods, they sent me an agreement with the wrong address. I stopped paying them they eventually sold it to Lowals who subsequently wrote it off. The amount wa about 3k 2 thirds of which was interest and charges.

 

A lot depends on your personal situation. we are on pension credits and live in a rented house.

 

ive heard DC's are alot easier to handle but thats a whole different ball game.

[intend]

Never give up on trying to reclaim charges or asking to have interest frozen. It may seem futile but what have you to lose - nothing other than a bit of your time and a little postage. They will not cave in on receipt of the first letter but if you are firm and reasonable you do stand a chance of success. From my limited experience and reading threads they will avoid court action and you do stand a good chance of having money refunded.

 

Go for it gal!!

 

Intend

[Amy_Elizabeth]

right, im going to slap them with everything ive got! could you please take a few moments to read through my letter and let me know if this is fit to send. i think i have everything right, any help would be great. Many thanks in advance, Amy.

 

 

Dear Sir/Madam.

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

May I remind you that the regime of fees which you have been applying to my account in relation to service charges and administration charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I will again draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am disgusted that you have continued to operate my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in interest for the sums which you have taken. Also, due to the stress and time ive taken out to try and resolve this matter with you, I will be reclaiming £xxxx . Total £XXXXX

Additionally, you have AGAIN entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above credited to my account, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require my account is cleared in full of this money and removal of the default notice. If you do not comply fully within 12 days, I shall begin a claim against you for the full amount plus interest, plus my extra costs, without further notice.

 

 

Also, I wrote to you by Recorded Delivery ( Ref ***********) on ********, 2011 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing the statutory payment of £1.00. This letter was delivered and signed for on ***** , 2011.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *******, 2011. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on *******, 2011 this time limit will have expired.

 

I have still not received a true copy of the agreement as required by S78 Consumer Credit Act 1974, just a blank copy of an agreement on which your company has hand printed my name and an incorrect address. As such I can only assume that no contract was ever signed by me. As you are no doubt aware.

 

A credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974 and is therefore a complete defense to any court claim that is issued.

Please take note that any legal action you may contemplate will be vigorously defended and contested.

Furthermore your actions arguably do not comply with the Office of Fair Trading (OFT) debt collection Guidelines of July 2003, in that you have ‘communicated in an inaccurate or misleading manner (section 2.1) by ‘presenting information in that it creates a false or misleading impression’ and ‘failing to provide information on the status of debts’.

 

Should you nevertheless choose to initiate legal proceedings against me, I will expect to receive, with any*letter before action, a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.

 

 

What I require from you,

 

I require you with immediate effect to ensure that all data held by you regarding the alleged agreement/debt is removed from any and all Credit Reference Agency database with immediate effect.

 

Ensure that all data held by you regarding myself is fully destroyed.

 

Ensure that all correspondence is made in writing.

 

I require written confirmation of the above together with a quarterly statement that no data has been processed by you regarding myself.

 

Should you fail to comply:

 Failure to comply with my request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.

 Failure to comply with the requirements of the Consumer Credit Act 1974 will cause me to refer the matter to the Office of Fair Trading, and Trading Standards.

 Failure to comply with the requirements Office of Fair Trading guidelines will lead to a report being submitted to that body.

 Any telephone contact will generate a complaint for harassment to the police under The Harrassment Act.

 If you fail to comply with any or all of the above I reserve the right to take action against you without further contact.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 12 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

 

Also, as this account is in despute, and you have decided to pass the debt onto a debt collection agency, Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

As you, fashion world, are now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

Now I would respectfully suggest that this account is to not be passed onto a debt collection agency for resolution of these defaults and breaches, as a debt collection agency cannot lawfully pursue any enforcement activities.

 

If you choose to ignore my dispute and assign a debt collection agency, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines.

 

What I expect - I expect to receive a response from you within 12 working days from the date of this letter, my account balance cleared in full and removal of the default notice . If you do not comply fully , I will per sue my above actions immediately.