Reliable Collections and Williams v Questioner ** NO SIGNED AGREEMENT - THEY GAVE IN **

[questioner]

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.

 

 

 

 

[PGH7447]

in dispute is good, if the cca request is not complied with, they would terminate the account anyway

[questioner]

in dispute is good, if the cca request is not complied with, they would terminate the account anyway

 

 

Ah right - good point, many thanks I shall use that

[questioner]

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.

 

 

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.

Edited September 5, 2009 by questioner

[spark1]

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

[questioner]

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??

 

 

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!

Edited September 5, 2009 by questioner

[questioner]

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?

 

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.

 

Edited September 5, 2009 by questioner

[questioner]

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..

 

 

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 ??

Edited September 9, 2009 by questioner

[citizenB]

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.

[questioner]

" use unenforceability due no signed agreement as a defence"

 

Yes CB - that would be fine!

[questioner]

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?

[mr.ton]

If you order an individual or a company to cease contact & they refuse, then yes it is harrassment - no matter how they dress it up.

[citizenB]

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

 

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

 

HTH

[questioner]

I cannot get the spreadsheets to work..

 

Anything on this account has been well paid for the the rest is just charges

[questioner]

Oooooh - just had a letter off JD William's solicitor saying the on the basis of no signed agreement collection activity will cease.

 

 

[citizenB]

Fantastic news. Well done you.

 

Keep that letter safe.

 

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

[questioner]

Fantastic news. Well done you.

 

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! They pile on huge credit charges and interest and in the end it amounts to more than any good ever ordered ..

 

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

[havinastella]

You should really go after the charges, plus 39.9% and court interest at 8%.

 

Jogs

[citizenB]

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.

[havinastella]

Hi CB,

 

I don't think it would matter admitting the debt as the total would eclipse what is owed.

 

Then there is also 'No' debt for them to report on.

 

Jogs

[Lula]

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.

[questioner]

I just am not sure of the right thing to say here guys yet!

[welshwizard]

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.

[citizenB]

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

[questioner]

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.