reliable collections and Fashion World account

[abroadgirl]

hello everyone

good morning well i really dont know what else i can do here

i am a customer of j.d. williams

but since my hardship and last year i went to cab, but no success with jd williams

i have now been refered to there reliable collections dept

i have sent them 2 letters from here to consider writing off the debt then after a while they replyed saying they couldnt do it

they were asked to freeze the interests have they no

i wrote to them again and said i cannot afford to pay payments of £10 a month then £4 i again wrote to them and asked the to reconcider about writing of the debt never had a reply apart from now they are threatning with court baliffs i have offered them £1 a month no replies only there standard letter and interests in sky high they have never froze them is there anything else i can do please

ty for listning

hugs

abg

[manc1976]

My OH had 2 accounts with JD Williams and we CCA'd them both.

 

They came back to say that they did not have a valid CCA, so we have stoppped paying them.

 

Have you sent them a CCA request yet?

[abroadgirl]

hi manc76, i too am from manchester

sorry but what is a cca

i have sent them letters millions i guess, hardship letters expensditure income sheet also cab has delt with them she cannot ddo anymore since then a few weeks ago i sent them a letter from here asking them to re think of writing the debt off there reply was no and still wants £5

then a coule of weeks ago sent them another letter to write of the debt this time no reply and statements still coming and they have never stopped the intrest chrges etc

so now i am waiting a letter so i can send to them but downt think i will get one

tyvvm

hugs

abg

[manc1976]

Hi

 

What you need to do, is send them Letter N from the template directory.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162367

 

Make sure that you add the words "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" at the top of the letter. Send it by Recorded Delivery and DO NOT SIGN IT, just print your name at the bottom.

 

You will need to include a £1 Postal Order as a fee for the CCA Request.

 

It is down to JD Williams to prove that they can enforce the debt by providing you with a valid Consumer Credit Agreement. (CCA)

 

They have 12 working days after they have signed for it to respond, if they don't then you account will go into default and they won't be able to collect on it. They then have a further 30 calendar days to send you the details required and if they don't then they have committed an offence and can be reported to Trading Standards and a few other bodies.

 

I'd actually put money on it that they will write back and say that they don't have an agreement, but they still want paying. The problem that they will have it that they won't have an enforceable document, so won't be able to collect on the account.

 

Get your letter sent off, sit back and have a brew and don't stress.

 

When you get any replies from them, post on this forum, as there are lots of people that can help you through this.

[dpick]

Hi abroadgirl J.D.Willims are pure pigs though with perseverance they can be beaten see my thread linked below, will give you a good idea of their practises and threats etc.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104426-dpick-oh-reliable-collections.html

 

dpick:)

[abroadgirl]

hello tyvvm for your help well ive done it and sent it off so now i wait and will be right back here when i get a reply

tysvm

abg

[zazen.warrior]

Most likely they will send you a letter saying they haven't got a CCA and relise they cannot take you to court but will pursue the debt anyway.

 

Ignore them from that point on.

[abroadgirl]

hello i havent been to update you all as i never heard anything from them since, however i have a letter from cahoot offering me discount and pay only so much

yesterday and today they have been phoning and my hubby has told them to stop they havent after him telling them i am on bed rest due to a car accident which caused (yes i was wearing a seatbelt)

fracture to ribs whiplash alot of body bruises and squeezing pins in chest so the lady said when will she be right to come to the phone silly question

so what do i send cahoot now

i did tell them about never signed too accounts also that most of the total is chrges and that twice i wrote to them to write off the debt

no they wont

what do i do now please

tyvm

abg

[hillards]

What happened after you sent the CCA request to JD Williams? Did you not get a reply to that?

 

The best bet is to write to, don't telephone, Cahoot and explain that the matter was in dispute with JDW. Also write to JDW and ask what they are playing at as you sent them a request for your CCA.

 

It depends what comes back from JDW as to what happens next. IF they send out an agreement form with your details written in, but not signed, then they have an unenforceable agreement - as happens with most cases we hear about on CAG.

 

Whatever you do, DO NOT sign and return it !

 

You have an active thread which references Reliable Collections, at the bottom of the page you'll find a box marked 'similar threads' - always worth reading what other people are doing about their cases.

 

No point writing and asking them to write debts off, they will not do that just by asking. You need to do a bit of legwork to gather the evidence to have this matter resolved.

[abroadgirl]

well after a long break there on my back again threatning me with dca again i dont knowwhat else to do i have done everthing i was advised to do even the cab wrote to them with everything and no they didnt listen apart from telling lies they said jdw had contacted me by phone i went mad how do i know they didnt cause i changed my phone number and they didnt have it boy did i write to them woohoooo but now i started to get statements and letters about dca the money there are asking for is all in charges wow its gone over twothousand in charges and interest

i give up

ty

abg

[hillards]

Well, don't give up.

 

Get those two letters off as I suggested, Cahoot can go whistle until JDW sort out your CCA request, which is seriously overdue.

 

CAB don't always give the best advice, they are there to help mediate, but will not get deeply involved in disputed accounts. They would not advise you to request your CCA as they see it as avoidance, not a legallity.

 

Not only could you discover that they have no enforceable CCA but you stop the DCA's from hassling.

[abroadgirl]

hello hillards ty for your reply

jdw sent me an agreement there norm but only there motto on it no signature etc from me

so what is my next step i sent the template letters you said and letter n

tyvm for all your help

abg

[hillards]

So JDW responded by sending a 'copy' of the CCA form, with your details written in by hand, but not signed - which is their normal method.

 

This tells you that they do not have a leg to stand on, they cannot enforce payment without the proper CCA that you signed. If they've lost it then that's their lookout. However, they don't seem to have stopped trying in your case.

 

You could send Cahoot a CCA request, as they are now processing your information. They have to get JDW to provide the real document, or return the case. Once you have a letter from Cahoot to that effect you can use that to tell any other DCA's where to go.

 

What seems to happen is that once JDW have failed to provide the CCA they would place a default on your credit file and admit that they cannot make you pay, that is normally the end of it. Why they've sent this to a DCA I don't know.

[abroadgirl]

hello hillards

ty for your most valued reply

personally i dont know either they have had communcation from me since day one of my case even to the extint that i have filled in expensives outgoing etc plus letter after letter letters from here and from the templates the last i got was 3rd oct stating that i should call with a credit/debit card to pay in full 381.61 which was only just over 100 pounds now with all there charges etc it is 381-61

and the other was just over a thousand now again with all the charges etc 2,201.64

 

and saying assigne morcroft debt recovery

where now it has been moved to cabot who phones 456 times a day including one or too at nights

 

i have done everything and they are still insiting and going on and on

now i know i come under hardship as too other compines has admitted this but yet jdw are still fighting me with my health and everything that has and is happeneing i feel i cannot go on anymore i have a few threads in here where i have gone into detail

i dont know what to do now

hugs

esp with these phone calls which will start again soon this morning afternoon and night

abg

[hillards]

OK - here's an idea for you.

 

Write a letter to Reliable Collections, detailing all the letters you have sent and received to ask for your CCA, which they have not fully complied with. Also that you have asked them nicely to stop telephoning as it is causing you distress, which is obvious from your messages on here. That is a big no-no in the OFT guidelines that is often ignored.

 

Ask that he look at your particular case and let you know why they are still calling when you have done as much as you can to show that they do not have a valid claim.

 

There are other letters in the templates area about harrassing telephone calls which should stop them, but Reliable are known for failing to keep to their word - I know that from experience, and have letters from to back that up.

 

Mark it in BIG letters for the attention of the name I tried to send in a PM to you. Send it by recorded delivery and keep the slip to say you've done that.

 

I have not put that person's name in an open message as that could result in a flood of correspondence from others reading this, and that could be rather unfair of me to open the floodgates at this time.

 

See what comes back - I can only hope that it works for you.

 

Sorry - I did try to PM you with the name, but you seem to have PM turned off as it's not giving me the option.

Edited November 22, 2008 by hillards

[abroadgirl]

hi hillards ty for bringing it to my att, about pm it shouldnt be turned off but will check after this post.

i will try this as they still phone me and even at 7-45 am this morning i am suppose to be resting due to the car accident on the m6 i am going to see about my pm tyvvvm hugs

tg

[hillards]

Just tried again and the message I get is:

abroadgirl has chosen not to receive private messages or may not be allowed to receive private messages. Therefore you may not send your message to him/her.

Sorry, I don't know what else to do now.

[abroadgirl]

i am sorry hillards what have i done now eek roll eyes

ok

please can any one help me here please i am not reciveing pm

what do i click on and what do i do to allow my pm to get to me please thanku so much as i dont know what ive done tyvvm

abg

Edited December 2, 2008 by abroadgirl
put wrong initals which i have now corrected sorry

[alanfromderby]

Should be okay now, I have adjusted your settings - you had set it to only accept PM's from your contacts and admin.

[hillards]

Many thanks (and Merry Christmas) Alan!

 

PM sent - look out for it abroadgirl

[abroadgirl]

thankyou hillards got your pm

thankyou alan for your help

hugs abg

[abroadgirl]

well i have got a letter for the first time from S Beat solicitor this is the first one i have had from them or is she still reliable collections calling herself a solicitor for jd williams?

if i am unable to copy it i will type it out for you to read

tyvm abg

[hillards]

well i have got a letter for the first time from S Beat solicitor this is the first one i have had from them or is she still reliable collections calling herself a solicitor for jd williams?

if i am unable to copy it i will type it out for you to read

tyvm abg

 

Oooh - that's a new one on me. I tried a Yellow Pages search on solicitors called 'Beat', anywhere in the UK - no match. Is it the same Manchester address still?

[blind-as-a-bat]

I had a letter from S Beat no idea if its a real solicitor or not, but it was refusing to remove my OH details under a section 10 request claiming that he/she did not agree a) aplied, that is proscessing of data is likely to cause damage or distress.

 

but they have continued to send threat after threat, none of which the can actually carry out as they admited no CCA ages ago so have just egnored them since august, but sort of contradicts that argument as they cannot deny the letters are designed to exert maximum distress:rolleyes:

[abroadgirl]

hi hillards and blind as a bat

ty for your replies.

i dont know whats up with my printer but i carnt get it working please bear with me and i will type it out yes baab, the same with me and i send a letter in novemmber i have done everything that was put in thread etc letters etc

ok heres goes

 

Dear mrs xxxxxxxxxxxxxxxxxxxxx

ref

xxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

thankyou for your last letter xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

as we explained to you in our last letter (note this is the forst one for solitors i have got)

we have complied with our obligations to supply you with a "a true copy" of your credit agreement ( they sent me one without my signature and they had wrote on it the normal as they do )

A "true copy" is dedefined by regulation 3 of the consumer credit (cancelation notices and copies and documents) regulations 1983

the "true copy" need not BY LAW contain either the signature of the debitor or the date of the signature in our case.

 

having been provided with this "true copy" there is no basis for you to either elige that you exonerated from payment under the agreement or that we remain in breach of our obligations under the act.

 

You were asked to confirm your intensions with regards to future payments on this account you failed to reply? ( i did reply again with a expensives sheet outgoing etc but not to her but reliable collections and to customer services)

Therefore your accounts were reinstated (when is she talking about as a finacle c a b handled it )

as explained in our letter 25th sept 08

 

we note your section 10 notoce under the data protection act 1998 (the act) to require data controller to stop processing data a common misconception is that this grants a data subject a general right prevent a data controller from legitimately processing that subjects data

the act provides no such general right

 

provided we process data in compliance with the data compliance with the data protection principles in the act you may only request we cease processing where:-

(a) the processing may cause damage or distress, or

(b) the purpose of the processing is for DIRECT MARKETING

 

i AM NOT dstisfied that you meet the tests set out in section 10 of the act to establish a right under (a) above (if only she knew) (especially as it is our case that you have previously consented to such processing as we have carried out and intend to carry out) We will accept your notice in respect of DIRECT MARKETING ONLY and we will now make arrangements to cease processing your data FOR THATPURPOSE.

 

there may be @pipeline@ mailings already selected for you which are in the course of dispatching we we cannot now stop as these may be with third parties but these will cease shortly (moorcroft i have recived)

If it is your decession not to make any future payments to the account (i remember offering a pound a month ) now they wanted 4.00 a month then £5 then £4

on the basis that you did not sign the credit agreement (which is not admitted) we can confirm that collection activity will cease

However your non payment will be reported to the relevant credit references agencies who will tecord this fact for a period of 6yrs.

Our view remains the same that even if an agreement has not been signed (which is not admitted) there is still an agreement concerning the sale of goods (oh well although i have worn then i will send the dresses and shoes back)

 

The debt still exists in fact even if it is subsequently held to be legally

unenforceably You do not deny receipt of the goods or services.

 

we believe that not to record the existence of this account would give potential lenders an inaccurate impression when lending decisions are being made and would not be conducive to responsible lending.

 

we look forward to hearing from you

 

Yours sincerely

s beat

solicitor

for and behalf of JD WILLIAMS

 

yes hillards same addy in manchester

griffin house leaver street etc