Problems with JD Williams/Reliable Collections

[Gary29]

It seems to be that JD Williams and Reliable alternate who writes to us. You send one a letter and the other numpty decides to put pen to paper.

[Gary29]

It's Reliable's turn to write to us this time.

 

Dear *** *******

 

Once again you have refused to take responsibility for your debt.

 

We have proof that the goods have been delivered to and accepted at your address. (Really, I'd love to see you prove that you've delivered anything to the address on the cca you sent me)

 

To date there has been very little intent to clear the balance in full.

 

We do not want to incur more cost and time by having to involve other people, which ultimately may lead to all legitimate activity being exhausted. Pay now before it's too late.

 

Remember this is your last chance. (Oooh, scary)

 

Yours sincerely

 

Gavin Hilton

[Nagasis]

Pay now before it's too late.

:lol:

 

Too late for what?

 

I'd reply saying.. ' give up before it's to late'

[Gary29]

Is it worth continuing corresponding with these numpties?

 

I've written to them informing them that the account is in dispute, but still the bozo's keep sending me bog-standard threat letters

[Nottsdave]

i would just file the letters;)

 

 

Notts

[diddydicky]

i would fire off one last letter outlining your position (account in dispute etc)

 

my final sentence would be

 

 

As we seem to be in a stalemate position and you will not accept your responsibilities to provide me with a true copy of the agreement upon which you base your claim i suggest respectfully that you now either "put up" or "shut up"

 

yours sincerely

[Gary29]

JD Williams has sent the wife another letter, which I've repoduced here.

 

Any suggestions for our next course of action.

 

Dear Mrs *******

 

Re: Account No **********

 

I am in receipt of your letter dated 28th April 2009

 

We have complied with our obligations to supply you with a "True Copy" of your credit agreement. A "True Copy" is defined by Regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. The "True Copy" need not, by law, contain either the signature of the debtor or the date of the signature in our case. No default therefore arises.

 

Having been provided with this "True Copy" there is no basis for you to either allege that you are exonerated from payment under the agreement or that we remain in breach of our obligations under the Act.

 

If it is your intention not to make any further payments to the account and in the absence of any dispute under the elements that make up the balance of your account, as a result of orders being placed and received by you, we consider your assertation that you have no legal liability for payment to be based purely on the fact that the relevant credit agreement has not been signed. On this basis, we can confirm that collection activity would cease, however, we would like to make it absolutely clear to you that should you take the decision not to make further payments to clear your account, your non payment will be reported to the relevant credit reference agency who record this fact for a period of 6 years.

 

Given the serious consequences of such non-payment, please confirm your intention in writing with regard to future payments to this account. Your account has been placed temporarily on hold.

 

Yours sincerely

 

S Beat

Solicitor.

[Nagasis]

They have stated in their letter that they don't have a signed cca and won't pursue if you don't make any payments. Good news.

 

Write back stating you will not be making anymore payments.

[Gary29]

They have stated in their letter that they don't have a signed cca and won't pursue if you don't make any payments. Good news.

 

Write back stating you will not be making anymore payments.

 

How do we stop them applying a default against the wifes credit file?

[diddydicky]

They have stated in their letter that they don't have a signed cca and won't pursue if you don't make any payments. Good news.

 

Write back stating you will not be making anymore payments.

 

woooaaa there horsey- not so fast.

 

this looks to me like a crafty attempt to get you to agree that the terms of any agreement are not in dispute and that you are only disputing a missing signature!

 

I personally would write back along these lines:-

 

It is my contention that not withstanding the lack of a signature- the credit agreement in itself is sufficiently flawed to prevent a court making a ruling on it.

 

It is my opinion that you could save us both a great deal of time and expense and achieve what you are demanding by the simple act of forwarding me a copy of the original signed agreement containing all the prescribed terms within the same document or alternatively make arrangements for me to view the original.

 

For the avoidance of doubt i am referring to a TRUE photocopy of the original unaltered and unedited document in its entirety

 

In the absence of receipt of such a document within the next 28 days i will assume that the matter is closed.

[diddydicky]

They have stated in their letter that they don't have a signed cca and won't pursue if you don't make any payments. Good news.

 

Write back stating you will not be making anymore payments.

 

no they havn't!

[Gary29]

At no time have I ever said to JD Williams that our dispute is over a lack of signature on the cca. The fact that the cca has the wrong address, and is incorrect for the year they alleged my wife signed it, that's what we are disputing.

[diddydicky]

and as far as i can see the agreement is missing all of the prescribed tersm which is why you should make it clear that the agreement itself is disputed

[blind-as-a-bat]

How do we stop them applying a default against the wifes credit file?

 

You wont, unless you take it to court.

 

DO NOT BOTHER CORISPONDING ANY FURTHER WITH THEM, you will be wasting your time.

 

They will continue to send letters and threats, dont bother responding, they will shut up eventually.(it may go through a DCA before they do though, it did with mine)

 

As for the CRA issue, i have not checked to see if they ever did what they threatened, so dont know if they actually will or not, but i tried everything i could think off, short of court action, as we are not actually bothered about the CRA's anyway so there was no point continuing.

[diddydicky]

You wont, unless you take it to court.

 

DO NOT BOTHER CORISPONDING ANY FURTHER WITH THEM, you will be wasting your time.

 

They will continue to send letters and threats, dont bother responding, they will shut up eventually.(it may go through a DCA before they do though, it did with mine)

 

As for the CRA issue, i have not checked to see if they ever did what they threatened, so dont know if they actually will or not, but i tried everything i could think off, short of court action, as we are not actually bothered about the CRA's anyway so there was no point continuing.

 

BAAB is right and one thing you should NEVER do is make threats that you dont intend to carry through - it destroys your credibility completely