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

[citizenB]

It could be a long haul trying to remove the default. I agree, it is wrong.. no agreement, no debt, no permission to report to CRAs..

 

I think all you can do is probably write to the CRAs and ask for a Notice to be put on the record that you dispute the defaults. Look for Posts by car2043.

[questioner]

This is how they try and cut through the DPA...

 

 

All that puff and bluster without any signed agreement - still, there are always all those 12 quid charges to consider...

 

And what about threats for damages to one's reputation via nasty CRA stuff?

Edited November 20, 2009 by questioner

[spark1]

Still at it mate, keep going your doing OK

Edited November 24, 2009 by spark1

[questioner]

Hiya spark - no surrender here mate!

 

Tons on the go and running well.....

 

FOS has been a wash out so far with us on all fronts however..

 

There opinion is that if a shark manages to get your signature on a loo roll that is good enough for them to say its a fair and proper agreement.

[questioner]

For me with Williams the point is - should I be chasing them now for the 12 quid charges?

 

They have admitted to no signed agreement so?

 

I still also think they are on dodgy ground re this data protection issue too.

[questioner]

I am also 99% sure that we never received any DN before the Notice of Termination.

[citizenB]

I am also 99% sure that we never received any DN before the Notice of Termination.

 

This would probably be a clincher on its own as there is a procedure set in stone. DN first, TN 2nd.

[questioner]

This would probably be a clincher on its own as there is a procedure set in stone. DN first, TN 2nd.

 

I like this!

[questioner]

I think I will go on the offensive with the no DN issue.

 

Sorta.......

 

Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

 

I need legislation for when NO DN exists at all................

 

No signed agreement anyway but.......

 

They may have given in - but I have not!!!!!

Edited December 2, 2009 by questioner

[questioner]

Winner

I hit Williams with a claim for unfair charges, breach of the DPA and also mentioned the lack of any DN before termination and subsequent transfer to their collection shark

They have now responded saying that they will not pay up for the 12 quid changes but they are prepared to close the account without prejudice clear any outstanding balance and record the account as settled with the credit ref agency.

 

They were so cock-sure of themselves over the DPA but this back down shows it was all bluster.

 

I must have said something right!

[citizenB]

Excellent news.

 

Keep an eye on your credit reference file to ensure that they have removed any reference. Keep that letter safe as well.

[questioner]

Excellent news.

 

Keep an eye on your credit reference file to ensure that they have removed any reference. Keep that letter safe as well.

 

OFFER IS ONLY ACCEPTABLE WHEN THEY VERIFY THEY HAVE MADE GOOD THE OFFERS..