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


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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.

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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

 

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

 

WILLIAMS18NOV09EDIT.jpg

 

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 by questioner
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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.

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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.

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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.

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

 

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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  • 2 weeks later...

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!!!!!

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  • 4 weeks later...

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!

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Excellent news. :D

 

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

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

 

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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Excellent news. :D

 

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

 

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

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