Reliable Collections Update!!! U won't believe it!!

[Tigstheterror]

Hi guys, i thought i would bring you up to speed on the Reliable Collections-Naturally Close issue.

Having been in hospital overnight i came home today to find a letter for me, i opened it and this is what i found word for word:

Thankyou for your letter dated 8th Jan 09 ( news to me! ) ( goes on about when account was opened blah blah)

In relation to your request for a true copy of the executed agreement under section 78 of the Consumer Credit Act 1974,under regulation 3 (2) (b) of the Consumer Credit ( cancellation notices and copies of documents) Regulations 1983 there is no requirement to provide a photocopy of the agreement bearing your signature, it is sufficient that we supply you with a " True Copy" of the agreement setting out the terms and conditions to which you have agreed. A "True Copy" need not bear the debtors signature or, in our case, the date of the agreement. We are therefore enclosing a " True Copy" of the Credit Agreement sent out to you when you opened the account in June blah blah ( i have never seen this agreement btw )

Yours sincerely

Blah blah

right they sent me an up to date version it appears to be, of something i have never seen before, they have hand written my details in and on the copy to be retained by me, with obviously, no signature nor date. I have a right back hander but in case of snoopers i won't reveal it here, please message me,United Front and others who have helped and i will explain this position!! Other than this, what do i do because as i understand it they have not furnished me with what i have asked for!!!!!!!

Any further excellent advice would be gratefully received from you great ppl, nope not sucking up , it's a great site with great folk.

Many thanks in anticipation

Tigs xx

[Fred Bassett]

Hi guys, i thought i would bring you up to speed on the Reliable Collections-Naturally Close issue.

Having been in hospital overnight i came home today to find a letter for me, i opened it and this is what i found word for word:

Thankyou for your letter dated 8th Jan 09 ( news to me! ) ( goes on about when account was opened blah blah)

In relation to your request for a true copy of the executed agreement under section 78 of the Consumer Credit Act 1974,under regulation 3 (2) (b) of the Consumer Credit ( cancellation notices and copies of documents) Regulations 1983 there is no requirement to provide a photocopy of the agreement bearing your signature, it is sufficient that we supply you with a " True Copy" of the agreement setting out the terms and conditions to which you have agreed. A "True Copy" need not bear the debtors signature or, in our case, the date of the agreement. We are therefore enclosing a " True Copy" of the Credit Agreement sent out to you when you opened the account in June blah blah ( i have never seen this agreement btw )

Yours sincerely

Blah blah

right they sent me an up to date version it appears to be, of something i have never seen before, they have hand written my details in and on the copy to be retained by me, with obviously, no signature nor date. I have a right back hander but in case of snoopers i won't reveal it here, please message me,United Front and others who have helped and i will explain this position!! Other than this, what do i do because as i understand it they have not furnished me with what i have asked for!!!!!!!

Any further excellent advice would be gratefully received from you great ppl, nope not sucking up , it's a great site with great folk.

Many thanks in anticipation

Tigs xx

 

Stop paying them. Simple as that.

 

Fred

[cadencealex]

If he hasn't been defaulted already - might it be best to send the 'Account in Dispute' letter so they can't Default him over this.. and then stop paying them

 

Or am I wrong?

[Tigstheterror]

Hi guys just to bring you up to speed, i can't pay the amount supposedly owed anyway, i am not in a position to do so, explained in another thread,so no money has changed hands!!

Tigs x btw "he" is "she" lol

[Tigstheterror]

am i correct that if they cannot supply me with a " signed" copy they cannot enforce the alleged debt?

cheers

Tigs x

[UnitedFront]

There is some ongoing debate about this with the DCA's obviously saying that they have fulfilled their obligations and people such as us saying that they havent. If they were to initiate court proceedings, however, they would almost certainly have to provide a copy with your signature on it.

 

People will be along shortly that are far more knowledgable that me with regards to cca requests!!

 

If it were me, I would fire off the account in dispute letter and stop paying. But that is just what I would do if I was in the same situation. Obviously the action we take will differ from person to person and you must take the action that is right for you.

[UnitedFront]

Also is there any chance that you can scan up a copy of the "agreement" that they have sent you (obviously remove all personal details) so that people can check it over?

 

cheers.

UF

[Tigstheterror]

UF .....quick question, whats the account in dispute letter please is there a link on here? and i haven't paid anything on this account since Feb last year( 08 ), which was the usual payments if you know what i mean?! lol ( not a repayment plan or anything )

Many thanks Tigs x

[UnitedFront]

1 sec Tigs and I shall see if I can lay my hands on it!

[UnitedFront]

Right, I think this is the one :

 

 

sorry, wrong one. wont be a sec! ;-)

Amend as needed!

[cadencealex]

Dear Sir/Madam

 

 

NOTICE THAT YOU HOLD DATA ABOUT ME WHICH IS INNACURATE AND IN DISPUTE.

My credit file shows that you are holding personal data about me which is inaccurate and which is in dispute.

The entries have been lodged by XXXXX and refer to purported debts which are in fact comprised of bank penalty charges.

As you are aware, the entire issue of bank charges has been in dispute generally between the banks and their customers for well over 2 years. In July 2007 the OFT announced that in response to a request by 8 UK banks they would be bringing a test case on the issue of whether bank delinquency charges were subject to the Unfair Terms in Consumer Contract Regulations 1999.

It is clear that at least by that date, if not before that the UK banks admitted that there was a serious question mark over the status of their charges.

In May 2008 the High Court ruled that the bank’s charges were indeed subject to UTCCR.

I am sure that you are well aware that the Oft has publicly expressed its view that the charges are subject to UTCCR and also that they are unfairly high.

Although the banks are appealing against the High Court decision, there is frankly little chance that they will succeed and there is every chance that the OFT will set a cap for charges which is very much less than the present level of £30 and more in many cases.

Once it is fully confirmed that UTCCR is the governing law and that its terms have been breached by the banks high level of charges, all charges which have been levied to date plus any associated interest will be unlawfully unfair. There is no provision in the UTCCR to allow the difference between unfair charge and capped rate to be invalidated. The whole charge becomes invalid per se.

 

 

Additionally, I am putting you on notice that I informed the bank that I disputed their charges in XXXX yet despite this they proceeded to make entries onto my credit file in breach of the Banking Code of Practice, in breach of their contractual obligations and in breach of the Information Commissioner's own guidance.

 

I am putting you on notice that I intend to complain to the Information Commissioner’s office that you are holding inaccurate data about me. The negative entries on my credit file are damaging to me and the Data Protection Act allows me to seek compensation from both you and the organisation which communicated the data to you through the County Courts and this is also an option which I am considering. I am sure that you are also aware that inaccurate entries about me are defamatory and that it is a new act of defamation each time you publish those entries to any enquirer. I would further suggest that even if an inaccurate data entry carries a dispute marker, it does not prevent the inaccurate data from having a damaging effect and it does not protect you from liability.

 

I notice that the Defaults Guidance notes issued to Credit Reference Agencies by the Information Commissioner in August 2007 make all of this very clear to you so that there is no doubt that you are aware of your responsibilities.

I expect also that you are aware that being an “innocent disseminator” is no defence either to claims under the Data Protection Act or in defamation.

I understand your procedures well enough to know that you will not immediately remove negative entries from my data file. Nevertheless I require you to do so and your failure to respond to this reasoned and polite warning will be brought to the notice of the Information Commissioner and the courts in due course.

I understand that you may make some enquiries from my bank before taking action but in the meantime I fully expect that you will place an entry on my file that the entry is disputed.

 

I would be very grateful if you will let me have your full response

 

 

Yours faithfully

[UnitedFront]

haha someone beat me to it!!

 

I was thinking of the cca account in dispute letter, but if people with more knowledge think a different one will work better then I shant argue!!!

 

UF

[Tigstheterror]

Ok UF hope you can read it !!

Tigs x

[UnitedFront]

Im afrain I cant.

 

Can you load it onto photobucket to make it easier to read possibly?

 

Cheers.

UF

[ScarletPimpernel]

This is standard creditor/DCA waffle which, translated, means:

 

- they cannot produce the original agreement

- they know the law allows them to send an unsigned document to fulfil a CCA request, but

- they know that they cannot enforce without the original executed agreement, but cannot bring themselves to tell you

 

If you are paying, stop.

[Tigstheterror]

Ok Uf will try tonight lol

thanks SP, good info, should i send the account in dispute letter anyways?

Thankyou

Tigs x

[cadencealex]

Ok Uf will try tonight lol

thanks SP, good info, should i send the account in dispute letter anyways?

Thankyou

Tigs x

 

 

YESSSS!!!!

 

And save a copy, and save proof of postage, and proof of everything... so that when (if) they file a Default you can complain to the Information Commissioner and OFT that the STILL filed a Default whilst the account was in dispute...

 

 

I wish I knew all this sooner!!

[Fred Bassett]

YESSSS!!!!

 

And save a copy, and save proof of postage, and proof of everything... so that when (if) they file a Default you can complain to the Information Commissioner and OFT that the STILL filed a Default whilst the account was in dispute...

 

 

I wish I knew all this sooner!!

 

Better late than never eh?

 

Fred

[cadencealex]

Better late than never eh?

 

Fred

 

 

Indeed

[Tobecontinued...]

Surely if its legal for them to send you a document with your details on but no signature i could be a millionaire by now...

 

 

They know they cant enforce it but are trying to fob you off and assuming you are not aware of the law - basic practice

[Fred Bassett]

Surely if its legal for them to send you a document with your details on but no signature i could be a millionaire by now...

 

 

They know they cant enforce it but are trying to fob you off and assuming you are not aware of the law - basic practice

 

That's it in a nutshell. They rely on the ignorance of people and also the natural stigma that attaches itself to debt. Nobody wants to own up to being in debt and that's why the dirtier tactics include threats to send "doorstep collectors" and in some cases even ringing neighbours to leave "urgent" messages.

 

There are 200,000 members of this forum but even that is a small percentage of the number of people who are in debt, so their terror tactics work on most but not on us. Spread the word!

 

Fred

[Tigstheterror]

Ok UF and all this should take you to the CCA they sent me after they put my details written onto it!! thanx for all advice

Tigs x

 

http://i644.photobucket.com/albums/uu166/tigermob/ReliableCollectionsCCA.jpg

Edited January 16, 2009 by Tigstheterror

[UnitedFront]

I cant see a link??

[Tigstheterror]

Try That lol:)

[dpick]

Hi this is the normal unreliable collections crap they tried the same with me, problem for them the supplied the blank with our present address not the address we lived at when the account was opened. I still had to take them to court, they settled two weeks before the hearing.

 

dpick