Simply be / Reliable Collections

[miamidancer]

The letter in post 45, was in response to my failure to comply letter as they send a CCA with my name and address handwritten and no signature, in fact they had the wrong address too as I did not live at my present address when I opened the account.

 

I have already received all the SAR documents and stopped payments back in February 13.

[dx100uk]

so you did

 

hows the reclaim going?

 

dx

[dx100uk]

echo

 

what going on dx

 

don't know

cags playing up again.

 

dx

[miamidancer]

I have received a letter from Simply Be regarding my charges reclaim and basically they have told me to get lost.

 

I have attached the letter and would appreciate any advice as how to proceed from here.

 

Thanks

[dx100uk]

ah linda bond again.

 

two choices...

 

either take them to court for the figure of use the FOS first

or

call it quits and invite them to take you to court.

 

simply write back pointing out that her assessment of the oft ruling is flawed

 

in that the oft did not give permission to anyone to levy 'a fixed' rate penalty for every 'offence'.

 

however, as my alleged debt is totally made of PENALTY chares and would give me several hundred pounds into my pocket

should this ever progress to court from either direction.

 

I will consider my next move carefully

after starting an FOS complaint against you

[miamidancer]

Hi dx100uk,

 

Thanks for the advice.

 

I have asked on several occasions for them to take me to Court but they said its not worth their while.

 

They have now passed the debt to Moorcroft for collection, although the debt is in dispute.

[dx100uk]

good let them

just don't pay anything

 

they are scared

as they used the without pred

 

on the letter

 

dx

[miamidancer]

So should I reply to that Linda Bond with what you wrote and see what happens from there.?

 

Should I send a complaint to the FOS at the same time?

[dx100uk]

both!

 

dx

[miamidancer]

Thank you again dx100uk

[miamidancer]

While checking something else on my credit report I noticed that Simply Be have placed a default on my account in April 2013. I have been on reduced payment plans for the last 7yrs and this is the first default they have ever placed.

 

The account has been in dispute for the last 6 mths as I do not agree with the alleged amount owed as it is all late payment fees and charges, which I am trying to claim back but they are refusing to refund.

 

I thought they could not place a default, add any further charges, pass or sell the debt on while it was in dispute. They also did not send a default notice of their intentions.

 

I have already wrote to them regarding passing the debt to Moorcroft for collection, which they are ignoring.

 

They have also admitted in writing that they do not hold a true copy of the CCA for the account.

 

Is there anything I can do to have this default removed from my credit report.

 

Any advice would be helpful.

[dx100uk]

there is nowt to say they cannot mark your file/charge/sell

even if they do not hold the CCA.

 

ideally this account should have been defaulted at the 3rd reduced payment

thus it would now not show.

 

can we confirm how long the 6 marker goes back on your CRa file please

 

dx

[miamidancer]

The start date on the credit file is June 2007

[dx100uk]

so june 2007 is the first bad marker

 

just to confirm?

 

dx

[miamidancer]

Hi dx100uk,

 

Yes that was the first entry

[dx100uk]

ok no bother

let me pull a string here and get the brig onboard

 

it is wrong that you file shows 6yrs of '6'

 

this is disadvantaging you

the debt should now be gone from your CRa file if they had defaulted it properly.

 

we'll get this off your file

then it wont harm you and you can forget about this issue

 

and p'haps concentrate on the charges reclaim if you want too

 

dx

[BRIGADIER2JCS]

Hi miamidancer, looking in as requested.

dx is correct that SB can still report to CRAs disputed or not.

Is it correct that there has been a reduced payment arrangement since June 2007?

 

Is the debt now in the hands of Moorcroft, do they show on the CRA file most s and have you had a statement of the amount still outstanding.

 

It is most certainly unfair use of the default system and can be challenged, it would help to know how much of the 'default' sum is charges quite a lot I would think.

 

Please post the information here and I will compose a challenge for you.

 

Have you ha

[miamidancer]

Hi dx100uk,

 

Thank you for passing this on for further advise.

 

Hi BRIGADIER2JCS,

 

Sorry for the delay in responding, I do not keep in good health and have been ill over the weekend.

 

I have tried to collate as much info as I can that may assist in anything you can compose for me.

 

Financial problems started in June 2006 Bal £202.66 Repayment plan £4.00 per mth

 

Ist entry on credit report by SB made June 2007

 

In Feb 2013 I placed the account in dispute and stopped the £1 payment from Jan 2013 Bal £730.41

 

1st letter reclaiming charges 9/4/2013

Default made in SB's name placed on credit report 15/4/2013

Refusal of charges letter from SB 15/4/2013

Debt passed to Moorcroft for collection 20/4/2013

2nd updated letter reclaiming charges 31/5/2013 (no response yet)

 

Don't know if this will help but here is a list of the random stop and start dates for Charges/Int added to the account:

 

C/I Jun/Jul 2006

C/I Jan to Nov 2008

C/I Aug to Dec 2010

Int only Dec 2010 to Jan 2013

 

 

Over the years the account has been passed between SB and Reliable Collections and the payment plan was sometimes broken because RC always demanded a higher monthly payment. Due to further financial difficulties I informed SB in writing in Feb 2010 and again during a telephone call with one of their managers in June 2010, that I would be making a token payment of £1 per month as that was all I could afford.

 

I originally disputed the balance on the account in July 2011 as they wanted a higher payment than £1 a month, the balance then was £423.18

 

SAR sent in Sept 2012, they responded in Oct 2012 but did not give full disclosure of documents, due to illness I was unable to respond to this until Feb 2013.

 

CCA request made Mar 2013, they sent a made up CCA, with my handwritten details, no signature and my present address, their response when I contacted them was that they do not hold a true copy of the CCA for the account but would continue looking for one.

 

If there is any other information you may require please let me know.

 

I appreciate your time and advise given and await your reply.

 

Thank you.

[miamidancer]

Hi, can anyone help with some advice regarding the above. Not heard in response from BRIGADIER2JCS.

 

Many thanks

[BRIGADIER2JCS]

Hi, can anyone help with some advice regarding the above. Not heard in response from BRIGADIER2JCS.

 

Many thanks

 

Sorry for the delay I will draft a letter when I get home this evening.

[miamidancer]

Thank you BRIGADIER2JCS,

 

I appreciate you time and advice.

[BRIGADIER2JCS]

Thank you BRIGADIER2JCS,

 

I appreciate you time and advice.

 

Ok just going to refresh my memory then will draft the letter:

[miamidancer]

Thank you

[BRIGADIER2JCS]

Ok am I to assume this is in the hands of Moorcroft?

 

Assuming it is we will proceed as follow this letter can be sent to SB-Reliable and Moorcroft if necessary.

 

The Data Controller

 

 

Formal Complaint: Unfairly Placed Default Recorded on CRA Files:

 

Ref: use the relevant companies ref:

 

 

Sir/ Madam,

 

Having checked my credit reference files held by xxxxxxx credit reference agency (agencies) I have notice a default entry placed by xxxxxxxxxx in reference to an account with Simply B.

 

This account has been subject to a payment arrangement sine xx xx 2007 Simply B has caused a default to be placed on credit reference files dated April 2013, some 7 years after what would be considered the proper cause of action.

 

Two possibilities arise in relation to this default entry one is that Simply B omitted to default the account in a 'timely' fashion i.e. within 6 months of the cause of action (the reduced payments) and an a genuine error has been made.

 

The second possibility is that Simply B has deliberately placed a default so late in the history of the account so as to extend the time that a default appears on CRA files to enable a third party to have an extended period of 'debt' collection and/or to initiate a county court claim this is of course totally unacceptable.

 

I therefor require xxxxxxxxxxxxx (who ever is named on the credit file) to remove ALL adverse data from ALL CRA files to which this data has been reported, given that if this account had been administered correctly such entries would have already been removed.

 

There is a period of 56 days for xxxxxxxxx to reply to this Formal Complaint failure to do so WILL result complaints to the relevant regulatory bodies including but not limited to the FOS:

 

 

Ok send this to the company showing as the owner of the account on your credit files use recorded signed for post and check when it is received.

 

Please don't hesitate to come back to me if you need further help.

 

BTW hope you are feeling better now!

[miamidancer]

Thank you very much BRIGADIER2JCS, for composing the letter for me, it is greatly appreciated.

 

I will get it sent off tomorrow and will update the post as and when I receive any correspondence.

 

Some days are better than others regarding my health, thank you for asking.