sar-reliable(jd williams)

[conchy_joe]

hello everyone,it's been a while but i've decided to try and clear the decks debtwise.we had success with halifax and now would like to take on collection agencies if poss', can someone tell me how to do this.i've been looking through various forums but it seems far more complicated than the banks.

[conchy_joe]

i had an account with premier man which was transfered to reliable collections on a reduced payment plan.

 

the opening balance with reliable collections was £163.80 in 2001,

since then i have paid £226.92 but my present balance is £300.85.

 

they have applied many penalties over the years varying from £8 to £17.50.

 

on one occasion i phoned to say that i was going to be a couple of days late with the payment

and the reply i got was "don't be sorry,we're not,we're happy because we are charging you £17.50".

 

i'm being nailed into the ground by these people but i don't know a way out,

 

can someone help please.

[conchy_joe]

i sent a letter to reliable collections on 7.3.07 requesting a copy of the credit agreement

 

,they replied on 21.3.07 enclosing a standard (blank) form and told me that "under section 78 of the consumer credit act,i would refer you to regulation 3(2)(b) of the consumer credit (cancellation notices and copies of documents) regulations 1983

 

.In it you will see that there is no requirement to provide a photocopy of the agreement bearing your signature;it is sufficient that we supply details of the terms and conditions to which your client has agreed.

 

We are therefore enclosing a copy of the type of credit agreement sent to you when you opened the account in November 1999

 

"What do i do now,are they in default or commiting an offense or something.

Edited May 19, 2018 by dx100uk
Spacing

[steven4064]

Joe

 

What sort of agreement is it (was it) and is it still in force (ie is it not closed).

 

Under section 77 of the CCA (1974) they have a duty to provide a copy of the executed (ie signed) agreement :

 

"77.—(1) The creditor under a regulated agreement for fixed sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of 15 new pence, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due: and

© the total sum which is to became payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due. "

 

The only circumstances where they do not have to comply if:

 

"(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

(b) a request made less than one month after a previous request under that

subsection relating to the same agreement was complied with."

 

Section 78 is the same for a regulated agreement for running-account credit.

 

However, I believe this does not apply if the agreement is terminated (ie the account closed). In that case, you can apply for information under the DPA but I don't think that they have to supply a copy of the signed agreement. Perhaps someone else will correct me if I'm wrong.

 

Otherwise, they commit an offence if they refuse to supply the executed agreement:

 

"77 - (4) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence."

 

Section 78 (6) is the same for a regulated agreement for running-account credit.

 

I can't find a copy of the consumer credit (cancellation notices and copies of documents) regulations 1983 on the Internet - so I can't comment on rule 3(2)(b).

 

Hope this helps

 

Steven

[surprise]

You will find the reason they have sent you a blank agreement is that Catalogues don't get agreements signed. Write back and tell then that you require a true signed copy of the agreement make sure you send recorded delivery and still count the days from when you first asked for the agreement.

[conchy_joe]

hi steven,the credit agreement is for a catalog company,they have sent me a blank copy of it.i don't think they have the original.is there a template which covers this stage of the situation.next payment is due on 1st may...conchy_joe.

[conchy_joe]

thanks surprise,i'll send off letter tomorrow...conchy_joe.

[conchy_joe]

on 7.3.07 i sent reliable collections a letter requesting a copy of my cca,

 

 

they replied on 21.3.07 enclosing a blank copy saying under sect 78 of CCA they are only required to send a blank copy.

 

 

i wrote 2nd letter on 23.4.07 saying that disclosure of personasl data is incomplete and giving them 7 days to comply "fully".

 

 

today i received a letter from "jd williams"saying that they are treating my letter dated 23/4 as an SAR

and they enclosed a DATA SUBJECT ACCESS REQUEST form which require me to complete and return together with £10

which they say is the statutory fee saying that the application cannot be processed until i do this.

 

 

as of today a total of 54 days have lapsed since my original letter,

 

 

surely they are legally out of time now.

 

 

i've followed the proceedure but am not sure what to do now and

 

 

i think i need to be completely correct with my next letter to bury the sob's.

[Rooster-UK]

Hi Joe.

 

The letter that you sent them, originally, was it a Data Protection Act SARs (Subject Access Request) letter. Did you enclose the £10 fee.

If yes to both questions, they have 40 days in which to comply with your request.

 

If no, then you will have to start again.

 

I suggest that you spend a few days reading the FAQs and the step by step guide in the library section. That will make thing s a little clearer for you.

 

Regards, Rooster.

[conchy_joe]

hi rooster,my 1st letter..7/3 was request for a copy of the credit agreement and i enclosed £1.00 for the fee payable under the CCA 1974(sections77-79) telling them that i understood that the doc' should be supplied within 12 working days.my next letter 23/4 stated that they had not provided any notes,or doc's relating to any legal action between them and myself and telling them that they had not complied with there obligations under the data protection act of 1998 and that as time had expired if they didn't comply fully within 7 days i would apply to the county court for an order to enforce compliance.i have i been on the right course.

[Layla_ck]

If it is just a CCA request you are after then the £1 fee will suffice, I wrote off to SimplyBe 9part of JD Williams) for my CCA and all they sent were the terms and conditions I apparently signed up for, which is bollox as under the act they have to send a signed executed agreement!!!

[conchy_joe]

i think perhaps they are trying to move the goalposts since they failed to send a signed photocopy of the original CA within the specified time limit.what i don't know is what the next step is re' not making any more payments and/or notifying relevent authorities ??.by the way they applied the £1.00 fee i sent to my account.

[Layla_ck]

They applied my £1.00 fee to my account too, if they have not complied to the CCA request in 12+2 working days then as I read it they are in default and as such you can cease payments until they produce it, which I doubt they will.

I think you only contact trading standards and the OFT (?) after the 30 days have elapsed since you requested the CCA.

[conchy_joe]

hi layla,the thing that puzzles me is that the original letter i sent wasn't headed as an SAR i simply referred to my account # and requested a copy of the CA,since that time all they have sent me is a photocopy of a blank agreement saying that they are only required to give me that, which is total bs.i wrote back telling them that they had failed to comply and they sent me a letter saying they are treating my 2nd letter as an SAR and enclosed a form to complete which asked for personal details and a fee of £10.00 .as far as i know the letters i have sent are not SAR's-or are they???.and if i have to send them £10.00 for the fee why did i have to send of £1.00 in the first place.

[Layla_ck]

Wait the 12+2 days for them to default and then write to them informing them of the fact and that as they have failed to comply you acknowledge no debt towards them and see what they say!

[conchy_joe]

i received a letter from jd williams in which they state that they have no record of my 1st letter dated 7th march (sent recorded delivery) "or the subsequent provision of any data relating to you".(they sent me a blank agreement)this moronic idiot goes on to say.."in your letter you say that the disclosure of personal data is incomplete making references to documents relating to legal action between you and myself.in that instance surely the originals of the documentation you are making reference to are already in your possession".sounds to me as if they are fishing.i'm not making any more payments to reliable,i'll just wait to see what happens next.

[plonkatronix]

Hiya hun sorry to bother you can you tell me at what stage your with now with reliable collections?

[conchy_joe]

hi plonkatronix,i wrote a full detail of what i've done but but think i may have clicked on wrong icon.if you haven't got my message let me know and i'll re-write it for you.

[plonkatronix]

hIYA HUN ONLY GOT THE MESSAGE SAYING YOU WROTE A REPLY BUT NO REPLY!!!

 

sorry for the upper & lowers!!!

lol

[conchy_joe]

hi there,

 

wrote 1st letter 7march asking for copy of CA and enclosed £1.00 for the fee,

 

they wrote back saying that they were only required to supply a blank copy of the agreement which they enclosed,

they applied the £1.00 to my account.

 

i wrote 2nd letter on 23april saying they had sent item i had request and so had not complied with their obligations under data protection act 1998,

 

i gave them 7 days to comply befor going to count court.

 

got a letter back(from JD WILLIAMS) 26april enclosing a blank form which asked for a bunch of details

(i ignored this reasoning that to fill in this form would in some way be an admittance of the debt).

 

received 2nd letter 27april from jd williams in which they denied any knowledge of letter of 7march

and going on to say "surely the originals of the documentation you are making reference to are already in your possession".

 

that's the state of things at this point,

 

i'm not certain if..

i should wait to see what happens.

 

i basically need some expert advice as to next course of action.

 

hope this helps..

.good luck.

[conchy_joe]

hi, can someone tell me where the template letter is for complaining to the oft re' dca not supplying true signed copy of agreement after two letters and 42+days...cj.:?

[redsue]

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html#post702015

[deedee1310]

What's happening with this conchy_joe? It's been over a month since your last post!

 

Please post back. I am intrigued.

 

deedee

[conchy_joe]

hi deedee, all the details have been sent on to the DTI, so i'm waiting to see what happens....cj.

[mccallstars]

Could anyone please tell me if moorcroft debt recovery and reliable collections limited are one of the same. thank you mccallstars