Reliable Collections

[me_n_my_kids]

ahhhhhhhhhhhh:shock:

 

Im so cheesed off. reliable collectins have admitted there is no credit agreement. i have sent the standard letter, and asked they no longer contact me. they seem to be ignoring me and im getting constant letters threatening more action saying im making no effort to pay. its driving me mental!!! what else am i meant to say to them??

 

sorry for the winging but im so annoyed at getting the same things when there is no effort from them to deal with debts correctly!!!

[gizmo111]

Modify this

I refer to your letter dated 2 October 2006, in which you supplied me with an unsigned copy of your standard credit agreement. The supply of this standard leaflet in no way satisfies my request for documentation for the debt you allege exists – and I therefore do not acknowledge any debt to your company. For ease of reference I enclose a copy of that letter.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

You were in breach of the Consumer Credit Act 1974, on 8th September 2006 and one month later on 8th October you were guilty of committing a criminal offence.

I expect to hear from you within 10 days of this letter, acknowledging that this debt is indeed unenforceable, else you leave me with no alternative but to contact Bolton Trading Standards, and any other relevant statutory bodies to advise them of your conduct.

In your letter dated 2 October 2006 you refer to a firm of collectors, I fully expect you to advise them that this alleged debt is unenforceable also.

 

Take note, that any legal action you may contemplate will be both vigorously defended and contested

[diskmandave]

ahhhhhhhhhhhh:shock:

 

Im so cheesed off. reliable collectins have admitted there is no credit agreement. i have sent the standard letter, and asked they no longer contact me. they seem to be ignoring me and im getting constant letters threatening more action saying im making no effort to pay. its driving me mental!!! what else am i meant to say to them??

 

sorry for the winging but im so annoyed at getting the same things when there is no effort from them to deal with debts correctly!!!

 

Doesn't, "no agreement", also equal, no permission under DPA...?

 

(Just a thought)

 

Regards, Dave.

[me_n_my_kids]

thanks guys, i will send that and see if that helps, they are relentless although so blatantly commiting an offence! will post back about any replies etc

[Turnaround]

Hi Helz....

 

Just a quick word to say your doing fine and hang in there.

 

As we have said before, they can’t do anything, as the debt is unenforceable. It just takes them awhile to realise that you are aware of your rights and they just plug away.

 

Most, if not all of these letters are computer generated and the letter I have PM’d you will remove you from that system.

 

Turnaround

[me_n_my_kids]

hey, thanks TA

 

Had a letter from RC this morning saying my last letter is being dealt with and i should have a reply in 10 days. ill let you know....

[archer_66]

have you had any luck with them? they keep saying theyre going to call at my house and up until the end of last week were calling at least 5 times a day!they dont have the signed agreement for my account either

[archer_66]

BTW is that 30 working days of normal days for the debt to unenforceable?

[pmhcfc]

BTW is that 30 working days of normal days for the debt to unenforceable?

 

12 Working days it becomes unenforceable + 1 month after that it becomes criminal offence.

[archer_66]

thank you:D

[IdaInFife]

hiya,

 

I am at the smae point except thay have not entered a default but sent me a ltter saying we do not have an agreement but would you pay it anyway or we will issue default. yeah right! sent letter this am satying they are in default and can't issue default ...loverly

[archer_66]

lol thats quite funny!! but i had another company in default and it didnt stop them issuing default on me!

[pmhcfc]

lol thats quite funny!! but i had another company in default and it didnt stop them issuing default on me!

 

OOeer thats a £500 (payable to you) offence I believe..THat's a DPA no no...!!

[archer_66]

no way? what do you mean? how can i get that £500 then? im trying to get charges off GE money and while its on going they sent me a default asking for me to voluntarily hand the car back cos they say im on arrears but its the money im claiming back from them.does that still mean its an offence and who can i get it off if thats the case?

[pmhcfc]

no way? what do you mean? how can i get that £500 then? im trying to get charges off GE money and while its on going they sent me a default asking for me to voluntarily hand the car back cos they say im on arrears but its the money im claiming back from them.does that still mean its an offence and who can i get it off if thats the case?

 

If they've entered defaults against you unlawfully- (ie when they have no right to) then you can take them to court. I've read on this site a few times about people who've claimed against this. One person's wife had it done 3 times and she got £1500..I'm not 100% sure of how you go about this, might be an ide to PM a MOD with the question..

 

 

 

 

 

 

 

 

[archer_66]

ive just spoken to consumer advice and they said the issue is complicated and i need to go see trading standards with all the letters ive sent and the deafult they sent me.unfortunately wont be able to do this til after school holidays as i wont be able to listen with the kids there.!

[scotty69]

About the OFT (not so) impending report - PLEASE READ THIS IF YOU'RE WORRIED

In the "Tonight" programme a few days ago, Martin Lewis announced his belief that the OFT "cap" would be set at £12-£15 and that the banks would then only refund the difference between that amount and the amount people were charged. This opinion created a panic amongst reclaimers, thinking that they were about to lose a large chunk of their money if they didn't rush to claim now.

 

This needs a few clarifications:

 

First, this is Martin's opinion. It is not based in law, or insider knowledge. He may be a well known journalist, but it is still only his personal opinion, speculation if you will.

 

The facts are these:

 

a) The OFT is a regulatory body, they do not make law. The only way the law can be changed is through an Act of Parliament.

 

b) The OFT, when they announce the results of their enquiry on bank charges, will only be announcing a level at which they themselves will take legal action against the banks. It is not a cap!!!

 

In their credit cards report of April 5th, 2006, they clearly stated that they could not declare what was a fair or lawful charge, only the courts could decide on this. Furthermore, the OFT also declared at the time that consumers who felt that they had been charged unfairly should go through the legal system to reclaim their charges. There is no reason to suspect that their stance will not be identical this time.

 

c) The law on penalties is well entrenched in contract law. Even if a bank tries to tell you after the OFT announcement that they will only refund the difference between the "cap" (It's NOT a cap!) and what you were charged originally, (leaving aside the fact that such a decision couldn't apply retrospectively anyway ), well, they also told you their charges were lawful, fair and transparent, and did you believe them? Why should you believe them now?

 

d) Bottom line is this: If the bank try to say that they'll only refund you the difference, carry on with your claim. They will still have to convince a judge that what they are charging is lawful, which means they would still have to disclose how those costs are calculated, and they still won't want/be able to do that.

 

Conclusion: Ignore the sensationalism, stick to the facts, and you can't go very wrong. In other words, business as usual, OFT or no OFT report.

 

I hope this helps setting a few minds at rest.

__________________

[archer_66]

i know ive read it its what i was telling u the other day

[archer_66]

pmhcfc this a question for you if you can.ive had a phone call today off reliable collections saying they dont need a signed agreement thats why they havent provided me with one! they put the £1 towards my account.they said it is clearly set out in terms and conditions that by accepting goods you are agreein to paying for them or something like that! they are phoning me everyday at least twice! i told him today not to phone me again but im sure they will. is it true about what he said? i know about terms and conditions with the bank! so im just wondering if theres anything in what hes saying? please help im worried sick now

[Caz1974]

Archer don't worry.

Without a signed credit agreement they cannot legally enforce the debt unless they go to court and apply for the debt to be enforced.With the absense of an agreement they are reluctant to do this.

I've had problems with reliable collections re : simply be.

The best thing to do is get a call blocking service (if you are with B.T. theirs is called choose to refuse) it's free for the first month and it only takes a freephone call to 150 to set up.

There is also a template letter in the library you can pop in the post to stop harrassing phone calls.The best thing to do in this case is to only deal with them in writing.

If you have photocopies of your CCA request send a letter pointing out to them that they have not complied and include a photocopy of your CCA request.

Tell them that you do not aknowledge the debt and point out to them that they will be reported to the OFT and information commisioner if this behaviour continues.

I had a letter telling me that they could not enforce the debt but would keep my debt on file for the next six years ( with the absense of an agreement they cannot do this because you have never signed to give them permission to share your data).

I then sent them another letter outlining this and I included a data protection section 10 & 12 notice to remove all my data from their system.

Remember to send everything by recorded delivery and if they do phone back simply say this account is in dispute and I will not discuss it over the phone.It's important to put everything in writing and don't let them bully you into speaking to them.

I hope this helps .....please don't worry this bunch can be really rude on the telephone and it all can get a bit daunting

[Caz1974]

If you need any more help feel free to PM me and I'll reply as soon as I can:D

[archer_66]

thanks ever such a lot caz i cant tell you how great it is to have all the support on here! its so difficult if you dont know what youre doing ill do that ill try to find the template now:D

[Caz1974]

These might help you in your search ( just edit the bits that say bank and replace them with Reliable collections).

Also I reworded the section 10 and took the bank bit's out replacing them with something along the lines of " I have never consented or entered into an agreement with your company I do not aknowledge this debt as a result of this and the absense of any consumer agreement I at no time consented to the processing or sharing of my information with yourselves or any third parties"

Click here: S.10 DPA notice - if you have been defaulted for unlawful penalties. - Consumer Action Group

Click here: Harassment by telephone - response letter - Consumer Action Group

[archer_66]

Thank you!! ur great:D

[Caz1974]

No problems - these guys really got under my skin with their rudeness on the telephone,their consistent threats of court action and the large fees they placed on their invoices.

The trick with them is to feel in control and not to let them upset or intimidate you - that's what they are basically doing.

Remember to send everything by recorded delivery:) and keep a photocopy because these guys can be slippery and miight pop their heads up in the future!