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Posts posted by jas1304

  1. There is no template as such, you need to do the leg work here.

    Look through your statements etc and see what fees or charges they have added, then claim them back by way of a letter to the bank.



    Hi, thanks for your reply.


    It's Reliable collections I'm talking about not a bank. Earlier in this thread somebody said I could reclaim charges. What I am trying to look for is a reason why I would be entitled to reclaim these charges from this debt collector. Obviously I believe these charges to be unfair but is that enough? is what I'm trying to say. Basically is the law drawn to their side or my side or in between?


    Thanks again.





  2. Hi all.


    Earlier it was posted about reclaiming charges that these people may be adding, like the £12 administration fees. Could someone please post a link to this procedure and any templates. Also if done properly how successful are these reclaims? I mean are they really unlawful etc that one would be 100% successful? Thank you.





  3. you have ofcourse cca'ed these jokers?


    and you mention 'fees'


    if you've been charges those on the cat A/C then GET RECLAIMING


    they are unlawful and are judged a 'penalty charge' made compulsory by a 'generic' T+C which does not allow negotiation with customers to happen.




    Hi jas


    Firstly they have no right to know your I and E details, only a Court can demand them


    The OFT Guidelines also prevent them from forcing higher payments . .


    Physical/psychological harassment



    2.5 Putting pressure on debtors or third parties is considered to be oppressive.


    2.6 Examples of unfair practices are as follows:


    f. pressurising debtors to pay in full, in unreasonably large instalments,

    or to increase payments when they are unable to do so


    If you are paying by DD it cancel it so they cannot take extra money from you and try to set up a SO for what you can aford, there's a great letter by another cagger that I can never find when I want it about thanking a DCA for making them do an I and E caculation and as a result they've found out all they can pay is £1


    DCA's greed is their downfall in the end


    Write to them again with your offer stating basically take it or leave it


    Good luck






    I had my CCA request back this afternoon and all seems in order. At the same time I had another letter off them changing their mind about my payment offer, without sending them an I & E form. I chose some carefully selected words from this thread, quoted, and they have now accepted my offer lol. Marvellous what you can do when they see a bit of knowledge about the system - so thanks very much for all the input from you guys; stopped them in their tracks.



  4. No doubt the case would have been Carey vs HSBC and the letter would have said that they dont have to provide the ACTUAL document due to that case.




    Whilst some in the judiciary are accepting reconstructions ala Carey vs HSBC, Carey was all about s78 requests and informational purposes, NOT enforcement.


    Yes that was the case they mentioned! So basically then they still should have sent him the information he requested.....I will let him know.

  5. Hi.


    Off topic here but I thought I would ask as a favour to my brother - so I'll keep it short.


    He has a debt with moorcroft and requested a CCA. They wrote back saying they do not have to provide one because of some court case they quoted (he lost the letter) saying the debt is enforceable with or without a CCA. Should they still have provided one though?


    Many thanks.



  6. Hi all.


    I have written to them again telling them off for taking the £1 off my account which was the statutory fee for my CCA request. I have read the FOS link from Bazooka (thanks) and need to wait eight weeks to complain to them, which I will do if I don't get any satisfaction from unReliable collections.


    I sent a CCA request on April 18th. I believe it's 12+2 working days they have to send me it. They have not done so yet, just trying to work out the 12+2 with all the bank holidays etc lol - what date to you guys work this out to be? please.


    The funny thing about their refusal to accept my offer is they have accepted my wife's offer without any problem, yet we have the same income lmao and pay our debts pro-rata! They are morons.

  7. Well these people are morons.


    I sent a CCA request from the template on this site, which says the £1 postal order is not to be used for any other purpose other than for the statutory fee for the CCA request. They have duly taken this pound off my account lol.


    I sent the CCA request on 18th April and I am currently waiting for the 14 working days to expire. They have however refused to accept my offer of payment so no more payment for these clowns. Hopefully the morons will take it to court where I'll apply for an Administration Order.



  8. I would go one step further, thank them for their greed, and as such you have looked again at your finances and they will now only be receiving £1 a month. If they wish to pursue legal action, then they should inform their clients to do so immediately, your offer is final and non negotiable, because of their incompetent foolish attitude you are reducing these payments to a level that is much more realistic & manageable for you. You look forward to going to court where a Judge will agree with your actions and payments.


    lol. It does make you feel very angry. I do feel like doing just as you said because it gets a little boring trying to negotiate with these monkeys. In fact the outcome will probably be the same whether I pay £30 per month or £1 per month - COURT! lol. So yes, maybe I will just tell em to stuff off.





  9. Hi thanks for all your reply's.


    In the light of their attitude and unwillingness to take into account my financial and health problems I will write back to them and tell them that my offer is non-negotiable. Accept and get something or reject and get nothing. What I have offered I believe the courts will accept should it go that far.


    Thanks for all your advice and support.

  10. Hi


    Thank you very much for your reply, it has been very helpful. I have now downloaded a copy of the OFT Guidelines and they are interesting.


    I will write back and tell them once again I can't afford their demanded payment amount. Whilst I can provide a full financial statement it really bugs me that these people will know the inside-out of my finances. In any case the amount showing on the FS is the same as I have previously offered them, trying to force money from me which I don't have isn't going to help.


    I will insert the quotes from the OFT guidelines that you have mentioned.


    Thanks once again, Regards



  11. Hi all.


    I have been dealing with Reliable Collections for some time now and making regular payments. It's from an old catalogue I used to have, PremierMan. I believe Reliable are their in-house collectors.


    I was paying them a regular amount of £7.15 per month. They wrote to me recently telling me my new payments have increased to £17.15 per month and there was no choice in the matter. I wrote back saying my circumstances have not changed therefore my payments are going to be the same, £7.15 and not £17.15.


    I had this letter back of them showing their position. Additionally I know they will add at least £12.00 per month administration charges, thus making any payments I have made to them to reduce this debt invalid.






    The last paragraph makes me laugh a bit where it says if I have any problems with this arrangement to contact them immediately. I already contacted them immediately and the above was their response!


    So would I be right to send them the information they request in the second link above? Because personally I feel like telling them to take a run and jump. I am trying to clear this debt but this has now stopped me from doing so.


    As always your advice is greatly appreciated.





  12. Ok, once again thank you very much for your help guys.


    The letter I posted was meant to be signed for but Royal Mail failed, but I do have proof of sending so I will keep this safe.


    So I guess I can relax with the latest letter from Lowell's (Lowlifes - you should trademark this lol)and wait to see if the debt pops up anywhere else, well not wait exactly - I'll just forget about it and relax lol.


    Thanks once again





  13. Hello, I'm back! lol...


    Sorry to be a pain guys. I had this letter from Lowell about my other account with them:-




    "At this time we have REQUESTED closure of our account". Don't really understand why they have to "Request" closure when they apparently own this account? Also from the letter, as I understand it, I would assume that this will be passed back to Shop Direct or another debt collector - would that be a fair understanding?


    One More thing please, If one sends a CCA request to a creditor via signed for recorded delivery and it doesn't get signed for, is it best to send another copy in an effort to get a signature? Or would it be assumed on the balance of probabilities the letter arrived?


    Thank you very much and I look forward to some more advice if possible.





  14. Hi.


    The last payments were: The beginning of this month, and for the main debt which this thread was originally created for was 29/08/2009. I stopped paying that debt because of the constant stream of charges. The only thing is now I have requested a CCA for the debt I payed this month that will probably switch back to Additions lol. I suppose it will keep me from getting bored lol :)

  15. you need to be clear on a few things here:


    you are obv on a phishing list


    it will be passed around


    it matters NOT about the default as such, no-one [should] put any new markers on the file.


    the 6yrs start from YOUR last financial transaction IN/OUT.


    so they can pussy foot about if they want

    it wont change that!


    now...DID lowlife put a new marker on your CRA? or was it [as should happen]

    just THEIR name being put against an existong one they inherited?




    Hi, and thanks for your input.


    I have just did another search on my Credit File and I may have been wrong about when Lowell put the Default on my file.


    After checking (and this time printing it off!) my Credit File I see that the dates my two debts with Lowell were defaulted seem to be fine. As Lowell wasn't on the scene when the defaults were recorded they have obviously just updated the file with their own name. After reading the letter I had from Lowell they say they have definitely "Purchased" the debt. So have Littlewoods now "Purchased" the debt back? I don't know how it works here but are Lowell owned by Shop Direct (Littlewoods) or maybe they have a team effort going on here.


    I have read somewhere that at the moment there is nothing stopping prospective buyers (unless Littlewoods takes this to Court themselves) from defaulting a debt again and again as its sold from one Debt collector to another. Whether this is true or not I am not sure, but it seems it is happening. Obviously I will need to keep an eye on this. At this rate if each debt collector who apparently "Purchases" this debt keeps sending it back to Littlewoods after a CCA request I'll be long buried before it's sorted lol.


    Anyway as always I appreciate your input and realise it can't always go my way. I will just wait and see what happens. I didn't really have a problem with repaying this debt over time what I did have a problem with was how Littlewoods suddenly, after a fair while, refused to acknowledge my several communications and slam on charge after charge and then telling me the charges were for ignoring them! Effing cheek. So in a way they started me off lol, so I don't have any sympathy for them when I'm refusing to pay them.





  16. I know that this issue has now been dealt with, but I have had another letter from Lowell this morning saying they have passed it back to Littlewoods. I am a little confused though as Littlewoods have sent me the agreement as posted earlier, so maybe the left hand doesn't know what the right hand is doing. And so it will begin again :)




    As they have passed it back to Littlewoods should I tell Lowell to remove the Default on my Credit File, or maybe it would be better to leave it there as if they remove it and somebody else puts it back the 6 years will start again


    So I guess Littlewoods will either chase me for the debt again, adding even further charges or they will take it to court, or pass it to another collector. Guess I will wait to see. Only thing that kind of confuses me is they say they have passed it back to Littlewoods yet they have also told me they have "Purchased" the debt. It seems a little like the game Pass the Parcel except this is Pass the Debt, oh well whatever takes their fancy I guess.





  17. Ok.


    Well thanks for all your help on here, I have certainly learned a fair bit from this thread and others alike.


    I have decided on the balance of my situation to go along with my original post and not pay Lowell until a Court orders me to. This I am doing because, 1) - This will be taken to Court sooner rather than later, 2) - I have a fair bit of correspondence between myself and Littlewoods showing I did my best to deal with this debt, 3) - for my own sanity. In my case I do not believe I have any chance of getting this debt stopped in its tracks, i.e. documentary proof of a relationship between me and Littlewoods and Lowell, and this letter writing can get you down (in my case as I have now found out it's not going to make any difference to the outcome). 4) - I will apply for an Administration Order (after judgement), which if successful will hopefully lead to a Composition Order being made, which will effectively make all my debts go away in a relatively small length of time.


    Once again I appreciate the time and effort everybody has given to help me and express my appreciation of this website. :clap2:





  18. they should not be adding any markers unless they own the debt

    and you have recently failed to make any agreement with them.


    no cca - no pay!!


    fire off the failure to comply letter if they've taken more than 12+2working days since CCA

    and stop payments to any debt without one.





    Unfortunately they are allowed to do what they have done, and from their wording are obviously accutely aware of the Carey case. The lack of signature could have been a problem, but as you've made payments you've effectively admitted to knowing that you did enter into an agreement with them.


    It is worth you posting up what they sent you (removing personal details) in case we can see a different way forward, and as I always say I'm only human so may be wrong - for your sake I hope I am! See what a couple of others say, but posting up what they sent would be handy anyway.




    Hi thanks for your replies quoted here.


    I need to try and get this clear for future reference.


    So what's basically being said here is that if they do not provide a CCA, in any form whatsoever (eg, signed, unsigned) then I could have fired off a non-compliance letter? If indeed they do reply, which is what they have done in my case, then basically whether they have sent me an unsigned copy or signed copy the law is the same - Pay up.


    So basically the only advantage of requesting a CCA is if they do not produce any agreement at all?


    Or is it now only enforceable in my case because I have made payments and no doubt in the past admitted to the debt?


    As far as I can tell, in my case anyway, there would not be any point in sending any of my creditors a CCA request as providing they come up with their current Credit Agreement I would not have a leg to stand on?


    Sorry if this sounds a little confusing, I'm confused lol, but please don't shout back lol - bear with me.

  19. Ok, Hi all.


    I think I have managed to scan the 3 pages I received back from Littlewoods, here they are:-


    Page 1 - http://i1194.photobucket.com/albums/aa373/jas1304/Page1.jpg


    Page 2 - http://i1194.photobucket.com/albums/aa373/jas1304/Page2.jpg


    Page 3 - http://i1194.photobucket.com/albums/aa373/jas1304/Page3.jpg


    Once again thanks for your help, I really do appreciate it.



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