reliable collections and Fashion World account

[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.

[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.

[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.

[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

[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.

[hillards]

Many thanks (and Merry Christmas) Alan!

 

PM sent - look out for it abroadgirl

[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?

[hillards]

Great - they have agreed that the document is unenforceable, and that you do not have to pay. Despite that they are trying to get you to make arrangements... You don't have to, that's just them trying it on. They even say that it's YOUR decision if you choose not to pay them.

 

Note that they quote the Data Protection Act with the clause "(a) the processing may cause damage or distress" - you have suffered distress through their constant barrage of telephone calls and letters. You will continue to be distressed if they contact you again now they've agreed their paperwork is unenforceable.

 

The 'pipeline' mailings are their company mailshots, special offers, catalogue updates. Not letters from DCA's. If Moorcroft have contacted you recently about this particular account then it may be wise to write a short letter to them to say that solicitors acting for J D Williams have advised you that they have ceased collection activity. Or just see if you hear from Moorcroft again, and reply to tell them that.

 

I'm not altogether sure about how you stand regarding the default on your credit reference file, it may be possible to get this revoked but I'll let someone else pick up on that.

 

A reply to S Beat to thank them for agreeing that the paperwork is unenforceable and that they accept that they should cease collection activity may be an end to all of this. I would also advise them that passing this account to a DCA would be seen as harrassment and further distress to you personally.

[hillards]

...does this now mean i dont pay if so i have won havent I or have i not...

They agree that the agreement is unenforceable and that 'collection activity will cease' - they are not going to chase you for it.

 

They claim that you have not proved that they should stop processing your data under the DPA, section 10. Here's a useful link to that bit of law - Data Protection Act 1998 (c. 29). I would suggest that they are causing continued distress by failing to comply with your request under section 10.

 

The letter I usually refer people to is by maroondevo52 and can be found at http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/170674-reply-cca.html#post1840880. In your case it may need a bit of modification to take out the bit that says "As you may not be aware ," and start that line with "Failure to", as they have already said that they (think they) know what they are talking about.

 

maroondevo52's letter makes it clear that you do not agree with their decision to continue to process your data. It also tells them they should not pass the (alleged) debt to a third party, like a debt collection agency, or register a default against you with the credit reference agencies.

 

Change "After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines." to be "After taking advice, I am of the opinion that your continued pursuit would be in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines." - again, because they have acknowledged that they will stop persuing you.

 

I would also take out the line that starts "I hope that you will enter into a sincere dialogue" as they are not simply sending template letters, which is what that one refers to.

 

Read a bit further down that thread to post 4, maroondevo52 explains what the failure to produce a CCA means, and warns not to try and take it further.

 

You started out on this matter to stop them hassling you for payments that you could not afford to pay. They have agreed to stop any attempts on collection. By sending the reply letter you are making it clear that you want it to end here and now. They should accept that.

 

The only bit remaining is the moral approach, as I don't see CAG as being a means to avoid paying debt altogether. The hounds have been called off, they say they cannot enforce the debt, and you've never disagreed that you had the goods.

 

If this were me, personally, and I was still dealing with the company who had supplied me with the goods (NOT a DCA!) I would have offered a token payment as a gesture, to be taken as full and final payment on this account. I would also explain that I cannot afford to pay more, but wish to see an amicable end to the matter. I would also tell them that the only reason things have gone this far is because their attitude to debt recovery stinks and it was the only way to stop the harrassment.

 

If I offered £5 as F&F then it's a fiver more than they could have hoped for and may even bring a smile to their faces...?

 

But, that's me I suppose. I'm not saying you should do that. It's my way of letting everyone reading this thread know that I don't mind helping, where I can, but that CAG is NOT all about getting out of paying. It's the collections people who cause the hassle that makes people want to stop them calling and writing. The information CAG provides will achieve that, as you've found out. In a way it serves them right that they should be slapped round the face with a wet fish and told to stop being a pain in the rear, but I like to be fair with them too.

 

Sorry - maybe the spirit of Christmas is getting to me, but I havn't touched a drop...

[hillards]

i dont know which one it is i have to send s.beat?

The one at http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/170674-reply-cca.html#post1840880, post 2, is the one I was looking at - with the modifications I suggested? Send that first and if they continue to be absolute plonkers we'll have to see what else can be sent to them - I'm thinking about reindeer dung...

 

Because letters have very strong legal implications, I don't write them for people, or even quote those from other threads within a message I create. I will point people to ones that are in other threads where they are suitable to re-use, and note any suggested changes. Howeve,r as I often mention, I'm not a legal advisor so it's really up to the individual if they want to do as I suggest.

 

If you take the letter created by maroondevo52 and make the changes I put in post 32 on the 9th you should be OK. Ignore most of my message, you're only looking from where it says "The letter I usually ..." down to "...which is what that one refers to.", paragraphs 3 to 6.