Please Help :-)

[RedEst]

Hi

I am new to this site and really need some help.

 

I had a JD Williams catalogue account which has been passed to Reliable Collections.

 

My situation is that over the past few months i have been fighting a custody battle with my ex paying huge solicitors fees and in my own error admittidly have ignored this account.

 

I owe them £758.07 and really can only afford to pay them £20 a month until i get my finances sorted. I am scared to call them as i dont have any excuse for this and now i have a letter saying a debt collector will call at my home.

 

Please can someone help me - this is the last thing i need right now - when i call them what do i say???

 

thanks,

[supasta1]

When did you open this catalogue account? Do not get your self stressed, i very much doubt they will send someone round to your house, they like to use various scare tactics. welcome to CAG by the way

[RedEst]

Hi - and thansk for the quick response.

 

I think I''ve had it about 2 1/2 - 3 years now. I opened it on the internet.

[cerberusalert]

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforceable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[RedEst]

Hi

 

I have received replies to this letter

 

Have attached files - what should i do now?

 

I also received a list of transactions made on my account - do you need to see those?

 

Thanks again for your help on this

 

Esther

jd1.pdf

jd6.pdf

jd5.pdf

[cerberusalert]

The bad news is I've unapproved your attachments because they contain your personal details.

 

The good news is that it's unenforceable because they have sent you a blank agreement which does not contain your signature. This is typical of JD Williams, so send them this;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfill your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute,

 

you are not permitted to ask for any payment, nor am I obliged to offer any payment to you.

 

Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[cerberusalert]

If you had opened this a/c on the internet 3 yrs ago they should have sent you a screen shot of your online application which would have included a 'tick box' not a signature box.

[RedEst]

Hi Guys

 

I have deleted personal information from my replies and have attached them now.

 

Hope they are ok

 

Thanks Again for your help.

 

Esther:)

JD2.pdf

[RedEst]

Hi All

 

I've finally had another response - this time from their solicitor.

 

Have attached files again.

 

Please can you advise what i should do now

 

Thanks in advance

 

Esther

[RedEst]

Ok i cant upload the letters from work - will try again from home later

Or - dont know if i can email them to someone who might be able to help ??

 

Esther

[RedEst]

OK - these are my uploaded letters from thw JD Williams solicitor

 

Any help would be greatly appreciated

 

Thanks

JD 15.01.2010 A.pdf

JD 15.01.2010 B.pdf

[UnitedFront]

Oh my god!! I actually cannot believe the arrogance of that response!! Demanding that you answer all of their questions in what is, in my personal opinion, nothing more than a dirty deceitful attempt to get you to admit liability!!

 

Whatever you do, do NOT answer their questions!!!!!!!

 

Someone with more info and experience with this company will be along shortly, I'm sure!!

 

Cheers

UF

[RedEst]

Ok thanks UF

When i opened it i was a bit stunned - didnt expect to get anything like that

 

Esther

[UnitedFront]

It just shows you how arrogant these people really are RedEst!! Nothing shocks me any more with these people!!

 

They have no legal power whatsoever to demand that you answer their questions! They seem to think they are kings and can do/say/demand whatever they want!!

[RedEst]

It is a bit scary when they speak like that - im so glad i found this forum

[UnitedFront]

You'll soon be relishing the chance to take on these bullies, believe me we all started where you are and this forum will help you realise your strength!!

[cashins]

Oh my god!! I actually cannot believe the arrogance of that response!! Demanding that you answer all of their questions in what is, in my personal opinion, nothing more than a dirty deceitful attempt to get you to admit liability!!

 

 

Errrrrrrrrr...............yup.

 

What they have sent is unenforceable send them the account in dispute letter.

 

David

[RedEst]

I'm having trouble with JD Williams Solicitors now - they say they have not received the account in dispute letter - in my haste i did not send it recorded - they have taken my account off stop - shall i send the letter again - this time recorded?

 

Esther

[RedEst]

This is a copy of the letter i sent orginally:

 

This account is in dispute.

On 11/11/2009 I wrote to J D Williams requesting that J D Williams supply me a true copy of the executed credit agreement for this account.

 

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection.

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

I respectfully request a response to this letter in 14 days

 

I trust this out lines the situation

[UnitedFront]

I'm having trouble with JD Williams Solicitors now - they say they have not received the account in dispute letter - in my haste i did not send it recorded - they have taken my account off stop - shall i send the letter again - this time recorded?

 

Esther

 

Yep... send it recorded and keep the receipt

 

Cheers

UF

[angrydebtor]

If they continue to harrass you then consider reporting them them to the sra.the oft and trading standards. whats been said so far is correct.they have no power to extract money out of you.

[angrydebtor]

the idiots seem to be saying in that letter that will process your data weather you like it or not.or regardless of weather you allowed them to or not. i would deffo consider reporting them and soon have them put in their place.

[UnitedFront]

the idiots seem to be saying in that letter that will process your data weather you like it or not.or regardless of weather you allowed them to or not. i would deffo consider reporting them and soon have them put in their place.

 

By all means report them, but this is unlikely to have any effect and you're unlikely to stop them from reporting your data. Without re-reading the entire thread (very busy atm ), I recall that there is no dispute that the account existed, only that the alleged agreement is unenforceable?

 

In which case, neither the Information Commissioner nor the Courts will expect the company to stop processing the data. They have consistently taken the view that just because an agreement cannot be enforced, does not mean it cannot be reported.

 

As hard as this is to accept, it is the fact of the matter. However, I am still all for reporting these people because the more they are reported the more people will begin to listen to us.

 

Cheers.

UF

[angrydebtor]

well in that case they can carry on processing data until the cows come home. i would still have them reported for harrassment and intimidation.they have to stop all that if told to.

[UnitedFront]

well in that case they can carry on processing data until the cows come home. i would still have them reported for harrassment and intimidation.they have to stop all that if told to.

 

Absolutely!!!! I always adopt the philosophy of complaining to literally whoever will listen when it comes to these people!! Complain to every single authority you can!! I always do

 

Cheers

UF