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    • I have done a separate letter and form for each of the 3 debts and kind of ignored the Vodafone one for now    Thanks 
    • please refrain from posting blocks of text...use sentences and line spacing .... i notice your 1st post had been spaced and ive done your last three.... this is not facebook....its a forum. ........... it does matter how long BS takes i would cease payments now and a DCA is NOT A BAILIFF. they don't own your debts so can do NOTHING!! slow down and calm down , 4 post in 5 mins is no good. Debt management and Debt self-help - Consumer Action Group click the above link and go read a good 20+ thread in the above forum and all your questions will be answered  if you have any outstanding  then please post with them later. everything is explain in numerous thread already here for you to understand at your own pace. there is not rush to do anything today or the next 10days bar simply stop paying. though as explained in my last post, whichever way you go not pay will equal a default which will trash your credit file for 6yrs so the quicker you stop the quicker they will vanish . dx  
    • The funds were taken by eBay, rather than Paypal.  I presume Paypal collects the funds from eBay, and so eBay then sting me for the money.   But either way, before this money was taken from my account, my eBay account balance showed as -£85.  Yes, my bank account has been debited by this amount. eBay say that they are completely removed from the chargeback process, because it is carried out by the buyer's financial institution.  So, conveniently, they cannot help, other than by refunding the chargeback fee of £14. 
    • Perfect, thanks for the detailed response. One question, do you know how long it takes for the breathing space to get applied? Say for example I have payments due in 4 days and I apply today how does that work? Also, sorry for sounding stupid but what do you mean by default once the breathing space is in place? I mean what does "Default" mean.  After the breathing space is over and I wanted more time, what would happen? I can and will afford the payments after a few months but I just need that breather to sort some stuff out, as I have said I have never missed a payment. Sorry for the many replies but after doing a quick search, correct me if I am wrong. If it then does go into default and it goes to a collection agency am I right in saying they will send many letters and they may consider a claim? and I should only response if an official MoneyClaim is made? Also, If it does go into default does this severely affect my credit score? or will this only be in the case if a CCJ is applied.
    • there isn't one yet use the default mentioned already there. that covers all 3 debts as i assume the PAPLOC is for all 3 debts? dx  
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Reliable Collections and Williams v Questioner ** NO SIGNED AGREEMENT - THEY GAVE IN **


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This concerns efforts against Reliable Collections.

 

On 22nd August 09 I ccaed RC and received nothing but phone calls which were of course ignored.They sent me a letter dated 2nd Sept as below saying termination.

 

Is this right when I asked for a CCA first?

 

 

I am about to write back saying - IN DISPUTE.

 

 

 

 

reliablecedit2ndsept09.jpg

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And they have just sent their version on a CCA - this is the main page, nice and glossy but with NO signature from me.

 

The back is terms and conditions. They also send a statement of account which is largely tons of added interest and charges of 12 quids.

 

WILLIAMS_CCA1edit.jpg

 

What do you think?

 

They have hand written in MY details in the yellow bit - not me. I dont think it cuts the mustard due to no signature. Anyone else seen these from this lot?

 

 

I gather that this sheet is a regular mass-produced ploy to gain complience to their threats?

 

Highlighted errors will be taken down and used against them. Struth - I'm starting to sound like a cop now.

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Questioner

 

I like the way these bottom-feeders warn what MAY happen, gets rather boring after a while.

 

If they are 100% certain of their position, why all the maybes ? all wind and p!ss if you ask me :)

 

Your doing ok, just keep plugging away.

 

Spark

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Questioner

 

I like the way these bottom-feeders warn what MAY happen, gets rather boring after a while.

 

If they are 100% certain of their position, why all the maybes ? all wind and p!ss if you ask me :)

 

Your doing ok, just keep plugging away.

 

Spark

 

Hey Spark - good to hear from you. Thanks for the support.

 

I WILL JUST TELL THESE LUVVIES THAT ITS IN DEFAULT STILL, DUE TO NO SIGGY.

 

Heading itself may be incorrect for a start but I have not been able to confirm this yet. I read something about the term "CREDIT CARD AGREEMENT" only becoming law in May 05?

 

I require more errors to highlight in their CCA attempt so anyone see any???

 

THIS CAME TOO.

 

I dont know about APR and all this??

 

WILLIMSLETTEREDIT3SEPT.jpg

 

With no signature and no date - which letter should I BE WHIZZING TO THEM. I would love to challenge this alleged agreement - but I need pointers to blast back with.

 

With this one not being a card or a set loan as such I just am not sure how this works?

-----------------------

Hunter (DCA Scumbags)- becomes the hunted with CAG!

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Ho Ho - I may have something.

 

In T&C below no. 5 states that the administration charge is currently £12.00.

 

Now they said this was a "true copy" of the agreement. Oh really?

 

So are they saying that 12 quid was applicable back in 2002 if we are to believe that this is a true copy of such an old agreement?:D

 

Its just a new form as suspected and no way a true copy of anything 8 years old . Oh dear I have just also noticed a 2004 date on the FANANCIAL SERVICES BIT .. How clever of them to make a true copy of an agreement that is TWO YEARS in variation than the alleged TRUE COPY of such an agreement... lol.

 

Not that I would ever say it was dishonest in any way... perish the thought..

 

How silly. Tell it to the judge!

 

OFT will like this one.

 

See what you think.

 

williamsccatandc.jpg

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Now then - have a look at this which I can probably handle my self but do chip in if you wish......

 

No way was the form they sent to me "signed" by me and the harrassment issue was spelled out in the constant phone calls which I asked for them to stop..

 

reliableCollections7sept09edit.jpg

 

I also note that there are massive interest and admin chages (which total more than what they say I owe them) in the statement they sent which only goes back to 2004 - and not 02 when they say it all started. IT ITS IS UNENFORCABLE DOES IT MEAN CAN GET BACK ANY OF THESE HUGE CHARGES ???

 

Not sure where I stand on this one though???

 

ANYONE ??

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You need to work out if the charges would cancel out or leave a balance that you would be able to pay.

 

IMHO, If you are intending to use unenforceability due no signed agreement as a defence then I wouldnt attempt to pursue the charges.

 

If it goes to litigation then you cuold counterclaim for the charges at that stage.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

YES-any items on this one would have been paid for some while ago, meaning that all they are only chasing are excessive charges - 12 quids of everything in fact...

 

Can I use this fact against 'em in any way???

 

Whole thing is only worth around 200 squid!

 

Crazy that they have been so snotty about it even though they have failed to comply with CCA request. ..

 

I have found that the less the account is worth the nastier DCAs seem to be - that is the resason for this?

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Q, just as a matter of interest, have you worked out how much the charges would come to if you were to ask for them back or counterclaim ...

 

You can work them out using this spread sheet. There is somethign wierd and wonderful embedded in the spreadsheet that works out the number of days the charge has been on your account and how much you would get back with the 8% interest.

 

Scroll down the page to credit card charges and download the simple excel programme. Dead easy.. Even I managed to use it :p

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets

 

HTH

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Fantastic news. Well done you. :D

 

Keep that letter safe.

 

Oh.. just realised.. I can change your title to reflect this success.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Fantastic news. Well done you. :D

 

Keep that letter safe.

 

Oh.. just realised.. I can change your title to reflect this success.

 

Thanks citizebB

 

I was most pleased with this result. I also wish to know what to answer to the following.

 

Their solicitor stated that although the collection activity would cease as they had no proper agreement, non- payment in respect to an "undisputed balance" would be reported to a licenced credit ref agency who would record it for a period of 6 years.

 

This seems quite wrong when they cannot furnish me with a signed agreement copy. Is this legal to be penalised when their is no agreement?

 

They also ask what my intentions will be regarding "future payments to this account." Second word is - OFF!

 

Opinions and suggestion for a follow up would be nice.....?

 

To be honest, credit ref means little to me as I tend to be cash only so their threat is rather feeble.

 

Nevertheless, my victory shows that without a correct agreement such bossy firms are stuffed! :D They pile on huge credit charges and interest and in the end it amounts to more than any good ever ordered .. :mad:

 

They got very nasty so I played them at their own game. :-)

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Would that be admitting there is a debt, jogs ?.

 

Q, I have linked you to a thread that will probably tick you off no end in respect of no valid agreements and reporting to CRAs.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2475139.html

 

From post 721 onward, obviously to get the whole picture you need to read from the beginning.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If they have no enforceable agreement then they have no rights under the Data Protection Act to use your name and address in any correspondence to a third party.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 4 weeks later...
If they have no enforceable agreement then they have no rights under the Data Protection Act to use your name and address in any correspondence to a third party.

 

Is there specific legislation that I could use to tell these twits to stop processing my data? I have no enforceable cca (no signed agreement - pre 2006). They refuse to stop processing my data for the purposes of credit reporting even though they haven't produced an agreement.

Welshwizard QC (Quite Content):rolleyes:

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Is there specific legislation that I could use to tell these twits to stop processing my data? I have no enforceable cca (no signed agreement - pre 2006). They refuse to stop processing my data for the purposes of credit reporting even though they haven't produced an agreement.

 

WW, have a read of the following thread:)

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222663-cras-ocs-credit-ref.html

 

HTH

  • Haha 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...

I NOW HAVE A LETTER OFF THEM WHICH SEEKS TO JUSTIFY THE FACT THAT THEY HAVE PROCESSED MY DATA WITOUT ANY SIGNATURE.

 

NO MENTION ANYMORE OF A DEBT.......... LOL

 

Their argument is that they have permission to process my data because of their data protection notification in their catalogues.

 

12 quid charges and interest do come out about the same as what they said I owed them too.

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