JD Williams & Reliable Collections Ltd

[Hobbie]

Evening All,

 

As some may have read another thread of mine, I'm trying to get my mothers affairs sorted out for her, as she is struggling with repayments due to circumstances where she had to leave her employment due to serious ill health.

 

The other thread is http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/142910-hobbies-mum-barclaycard-mercers.html

 

Now for this one,

 

In 2000 or 2001, My mum opened an account with JD Williams, purchased a few things (Don't know what) she paid the monthly repayments each and everymonth, and had done until she had to leave her job.

 

She asked to pay £10.00 a week to JD Williams, and it was accepted, but refused to freeze the interest, the interest is £56 a month and increasing, so the balance is not getting any lower, but instead increases by £16 each month.

 

She has sinced found out, that JD Williams in fact passed the debt to Reliable Collections Ltd sometime ago, and closed the account, but she has not received letter confirming this, and not received any statements. It wasn't until I asked her to phone them to find out the balance that she was told the debt was "passed on" and she would need to contact Reliable Collections Ltd, she phoned them (Yes I know, she shouldn't of) but the balance is well over £1K now, the last statement she received from JD Williams was for only £480 and a few pence.

 

She has EVERY statement and letter ever received for this account, and every other account, she refuses to bin anything, I've checked them all and noticed JD Williams stopped sending statements October 2007, this is when it would seem Reliable Collections Ltd took over.

 

I wrote to Reliable Collections recently on my mothers behalf, asking if the interest and charges could be frozzen, but replied saying only for £45 per week, something which she can't afford out of her DLA, as she also is paying other debts too (Which all have agreed to freeze the interest stop charges, and once the balance is settled the account will be closed, and she is more than happy to have the accounts closed), She simply can't afford to pay the debts, when she was working she was earning good money and could afford her debts, its not as if she tried living beyond her means, I've took over paying her mortgage repayments, to ensure her home remains safe, plus having to paying my own. She has spent her savings on paying off her loans in full, and making the modifcations at home to help her due to her disability.

 

Would it be worth CCA'ing JD Williams or Reliable Collections Ltd for a catalogue account?

 

Apologises for the long winded post.

Edited May 14, 2008 by Hobbie

[ananya]

Hi there.

 

Reliable Collections are JD Williams' own collections department, I have my own arrangement with them and with me, they have frozen all interest as long as the payments are maintained.

 

I would personally request a copy of the CCA, template here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html Letter N, enclose a £1 postal order and don't sign the letter.

 

Letter E is also a template to request interest to be frozen.

 

Good luck and don't ever speak to them on the phone, I made that mistake once, never again!

[Guest Old_andrew2018]

Hi

 

It won't do any harm, it appears some catalogue companies simply don't have properly executed agreements.

 

andy

[freyjavous]

PLEASE HELP, after requesting a copy of a signed CCA agreement from Reliable collections i received this letter

. I had sent letters informing of my change of address and that i requested statements. I could not make payments to them until i knew where i was, The balance changed every time i rang up. They also could not send me a signed copy of a CCA, they just sen me one with their details filled in, and my details filled in to my new address!!! the one they claim they never got details of and the one i did not even know i would be living in the time of the agreement, also no signature (see att 3)

 

Please could someone advise of my next move, i have also enclosed a copy of a statement they have now sent me, i have paid off the debt in a settlement figure but want to default removed from my name as i did everything i could to contact them and requested information.

 

 

Thanks in advance

Frey

[debt4get]

cannot read letter but presume it is the usual tripe unreliable send out...if you have not received a signed legal copy of the cca send account in dispute letter and ignore em

[harrassed senior]

Yes, do go for the CCA route, your mum has paid enough, and should not waste a moment more in worring about this account. As has been said, quite likely no Agreement exists.

[dpick]

Hi J.D. Williams are well known for not having any signed agreements get them to admit that then tell them to get lost.

 

dpick

[freyjavous]

i will try to upload the letter better, i wish i could ignore them but they have placed a default on my credit file, i had informed JD Williams of my change of address and asked for a detailed statement of account before i paid anything else as i was sure they were adding incorrect charges. I'm now at a bit of a loss as what to reply.

[freyjavous]

Dear Miss Smith

 

Thank you for your recent letter which we received on 1st June 2010, the contents of which we note.

 

This account was originally opened as a personal credit account on 11th April 2008 and was payable on a 28 day basis. Credit charges were applicable at the rate of 2.26 pence in the pound, (equal to 39.9% APR variable) every 28 days.

 

Since the account was opened 8 payments have been made to Viva La Diva to the date of re-assignment totaling £331

.16.

 

Please find enclosed a "True Copy" of your credit agreement, along with the current terms and conditions applicable to your account, to which you have agreed.

 

We have also enclosed an itemised breakdown of the account dating back to April 2008 when the account was opened.

 

When responding to a section 78 request, a lender does not have to provide a photocopy or other literal copy of the executed agreement nor provide a copy bearing or some other proof of the customer actual signature.

 

I also note that you have attached copies of previous letters that you advise were sent to us to advise a change of address. We have no record of receiving a notice or change of address, therefore, we continued in our duty to send out statements to the address that we had on file for you.

 

You have confirmed that you were fully aware that monies were still owed to Viva La Diva and we received no contact from you to advise that you were not in receipt of your statements. We remain of the opinion that it was your responsibility to ensure that payment reached the account using an alternative method.

 

Our records show that we received a payment of £510.00 by debit/credit card on the 24th May 2010, in full and final settlement of this account.

 

A letter of No Further Action was sent the The BCW Group to request that they cease all collections activity on this account. At this point a Notice of Correction was sent to Experian UK to record the account as settles on your credit file.

 

There is no legal requirement to provide you with a copy of the deed of any assignment. A notice from the assignee, The BCW Group, is sufficient under the Law of Property Act 1925 to require you to pay the assignee. This will not carry your signature, as debts are freely assignable without this.

 

As previously explained, this is not the same ass issuing a default notice as defined under sections 88 of the Consumer Credit Act 1974. Any defaults, which we file with credit reference agencies, are filed in accordance with guidance issued by the Information Commissioner's Office. The term 'default' on credit reference files is used to refer to the situation when the relationship between lender and borrower has broken down.

 

We owe a duty to other credit lenders to ensure that the information lodged with the credit reference agencies provides a reliable reflection of an individuals credit standing and your request to have this information removed is therefore denied.

 

We trust that this clarifies our position.

 

Yours sincerely,

 

 

I received this from reliable collections....can anyone advise

[freyjavous]

Dear Miss Smith

 

Thank you for your recent letter which we received on 1st June 2010, the contents of which we note.

 

This account was originally opened as a personal credit account on 11th April 2008 and was payable on a 28 day basis. Credit charges were applicable at the rate of 2.26 pence in the pound, (equal to 39.9% APR variable) every 28 days.

 

Since the account was opened 8 payments have been made to Viva La Diva to the date of re-assignment totaling £331

.16.

 

Please find enclosed a "True Copy" of your credit agreement, along with the current terms and conditions applicable to your account, to which you have agreed.

 

We have also enclosed an itemised breakdown of the account dating back to April 2008 when the account was opened.

 

When responding to a section 78 request, a lender does not have to provide a photocopy or other literal copy of the executed agreement nor provide a copy bearing or some other proof of the customer actual signature.

 

I also note that you have attached copies of previous letters that you advise were sent to us to advise a change of address. We have no record of receiving a notice or change of address, therefore, we continued in our duty to send out statements to the address that we had on file for you.

 

You have confirmed that you were fully aware that monies were still owed to Viva La Diva and we received no contact from you to advise that you were not in receipt of your statements. We remain of the opinion that it was your responsibility to ensure that payment reached the account using an alternative method.

 

Our records show that we received a payment of £510.00 by debit/credit card on the 24th May 2010, in full and final settlement of this account.

 

A letter of No Further Action was sent the The BCW Group to request that they cease all collections activity on this account. At this point a Notice of Correction was sent to Experian UK to record the account as settles on your credit file.

 

There is no legal requirement to provide you with a copy of the deed of any assignment. A notice from the assignee, The BCW Group, is sufficient under the Law of Property Act 1925 to require you to pay the assignee. This will not carry your signature, as debts are freely assignable without this.

 

As previously explained, this is not the same ass issuing a default notice as defined under sections 88 of the Consumer Credit Act 1974. Any defaults, which we file with credit reference agencies, are filed in accordance with guidance issued by the Information Commissioner's Office. The term 'default' on credit reference files is used to refer to the situation when the relationship between lender and borrower has broken down.

 

We owe a duty to other credit lenders to ensure that the information lodged with the credit reference agencies provides a reliable reflection of an individuals credit standing and your request to have this information removed is therefore denied.

 

We trust that this clarifies our position.

 

Yours sincerely,

 

 

I received this from reliable collections....can anyone advise

[debt4get]

and here is my response to them

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

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

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

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

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[freyjavous]

Thanks Debt4get, i had previously sent your letter and the post before this is their response to it.

[debt4get]

in that case you have made your point perfectly clear to them..account in dispute and until they come up with a signed legal cca they can go and *%#&!@ themselves..if you see what i mean...stick to your guns...no cca = no payment end of

[debt4get]

they are certainly having a laugh mind ...we enclose the new terms and conditions which you have agreed to....mmmm..and where is the agreement i signed agreeing to this? absolutely nowhere

[freyjavous]

its the default i need to get removed, they had my change of address and did not update their files and sent a default out to my old address after i had asked for a detailed statement of account.

[freyjavous]

they sent a copy of a cca with my details filled in with my new address, but without my signature! no signature!

[freyjavous]

Does anyone have any advice for my next move? Thanks

[debt4get]

right getting a default removed is difficult and i would suggest having a search and reading round a few threads..there are a few posters who have had to resort to court action in order to get these scumbags to remove any default on credit rating...how long has it to go on your file as it should drop off after 6 years anyway

[skydancing]

 

 

 

My problem goes back to a time when we have been under great pressure. Hubby only on part time wage, very small pension, etc

 

He got couple of items out of a catalogue, he owed under £30.00 at the most, we was under great deal of pressure due to sibling, row which still has legal problems, issues against him.

 

because he did not deal with the problem, in the end, l had to take charge of the debt which got passed it to reliable collection where the sum rose to £300.00 of which we paid, £140.00

 

l wrote to Jd williams because l sent postal order which they say they had not got. Also in the letter l want a breakdown of all charges, and the original sum, owing, l feel we paid back the original sum, now paying back charges only the at a small rate which we can only afford

 

where do we stand in right, to know when and why they charged us, each time. also the original date. this pre dates 2007, we think its 2002, when hubby got the catologue, he seen advert on the telly, he did not sign a credit agreement, please can you advise me

thanking you

[skydancing]

sending them a cca first, also l will be asking for a breakdown etc.

 

same as one of to days threads....

[vjohn82]

The default charges are a piece of pish to get removed (if you contact the right people at the organisation).

[skydancing]

The default charges are a piece of pish to get removed (if you contact the right people at the organisation).

 

 

who do we contact at the company, also we sending a cca first, thank you for your reply, skydancing

[vjohn82]

Wait for Reliable Collections to start getting in touch; they will then remove the charges if you agree to set up a payment arrangement/settle in full

[welshwizard]

Take great care setting up a payment plan with this lot! They have a habit of charging a £99 administration fee for 'setting up' the payment plan! They did this to me - oh and they added charges in excess of £1,000 as well!

[skydancing]

we have arrangement, we paid £140 still £160, the original debt was only £40 pound, or less. we been paying since 2008, etc.

 

we paid for the debt, now we paying charges only, l ask someone are we paying charges etc, the answer is yes!. We feel that we been silly not to sort it out, with Jdwillaims, we ask for a break down of the original debt, also what charges when they applied etc. we never heard from its over two weeks now, so l got a £1 postal order and ask for cca, which l feel there is not a written one, we only had two items from that catalogue, which is in my hubbys name etc. if we are one day late or the post crossed their time, they add £12 a time. l am at a loss how we got taken in by them, shame on them...