shoesue25 v Reliable

[shoesue25]

hi

i need some help i had a catalogue in my middle name not my first , i got behind with the payments recently now reliable collections have called me and said it was fraud is it ? i made regular payments using my bank card i paid online they kept repeating that it is fraud and the police would come to my home and arrest me put me in handcuffs and take me to the police sation it scared the hell out of me at the time but ?i didnt try to hde my identity as i was using my bank account .

[cerberusalert]

Post moved.

[cerberusalert]

They are talking utter rubbish, 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 unenforcable 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

[ScabHunter]

I don't suppose you recorded this "conversation" by any chance, did you?

 

It would make fascinating listening if you did.

 

SH

[shoesue25]

I don't suppose you recorded this "conversation" by any chance, did you?

 

It would make fascinating listening if you did.

 

SH

no i didnt record it as as it was totaly unexpected ,and they quoted the police stuff 4 times in this 4 min conversation but i still want to know if i broke the law using my middle name ?

[ScabHunter]

no i didnt record it as as it was totaly unexpected ,and they quoted the police stuff 4 times in this 4 min conversation but i still want to know if i broke the law using my middle name ?

 

Absolutely and emphatically not. You were not trying to deceive anyone by claiming to be someone you weren't.

 

SH

[vint1954]

no i didnt record it as as it was totaly unexpected ,and they quoted the police stuff 4 times in this 4 min conversation but i still want to know if i broke the law using my middle name ?

Try and get them to put that in writting and send off the CCA request without delay

[Deb T]

It is not an offence to use your middle name, deception along with fraud is a crimminal offence but you haven't defrauded anyone and you haven't deceived anyone, you made payment from your recognised card, where is the offence? You may no longer be making payments but that is a civil matter not a crimminal one.

 

First thing to do is quit talking to them on the phone, change your number or just disconnect the call as soon as you hear their voice and altogether disregard their ridiculous claims.

[shoesue25]

ok thanks for putting my mind at rest ,i have just recieved a letter you wont believe the cheek of them they have said it is from the fraud/police liason dept it asks me to sign and return the letter then they will discuss payment and they have put my account number and the account number of someone else if i sign this letter i would be confirming i am responsible for these debts ,even without reading you messages i could see this wasnt a legal letter i could have done better myself some jumped up little twerp is rubbing his hands together thinking he has solved some of his case load well he's in for a shock .now i'm not thick but was is this cc whotsit your talking about and how do i go about it ?

[vint1954]

Report their sorry backsides to your local trading standards, can be done online, and the OFT.

[vint1954]

ok thanks for putting my mind at rest ,i have just recieved a letter you wont believe the cheek of them they have said it is from the fraud/police liason dept it asks me to sign and return the letter then they will discuss payment and they have put my account number and the account number of someone else if i sign this letter i would be confirming i am responsible for these debts ,even without reading you messages i could see this wasnt a legal letter i could have done better myself some jumped up little twerp is rubbing his hands together thinking he has solved some of his case load well he's in for a shock .now i'm not thick but was is this cc whotsit your talking about and how do i go about it ?

Send the CCA request

[shoesue25]

What Is A Cca And How Do I Go About It Please??????????

[ScabHunter]

ok thanks for putting my mind at rest ,i have just recieved a letter you wont believe the cheek of them they have said it is from the fraud/police liason dept it asks me to sign and return the letter then they will discuss payment and they have put my account number and the account number of someone else if i sign this letter i would be confirming i am responsible for these debts ,even without reading you messages i could see this wasnt a legal letter i could have done better myself some jumped up little twerp is rubbing his hands together thinking he has solved some of his case load well he's in for a shock .now i'm not thick but was is this cc whotsit your talking about and how do i go about it ?

 

Whatever you do, keep hold of that letter. The telephone calls may not be evidence if you didn't record them but that letter certainly is.

 

Find out about the CCA request here -

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

SH

[shoesue25]

THANK YOU ALL FOR THE INFORMATION YOU HAVE GIVEN ME I'LL SLEEP BETTER TONIGHT .I WILL KEEP YOU INFORMED OF ANY DEVELOPMENTS I'M SURE THEY WILL BE CALLING ME AGAIN WHEN THEY DONT GET THIS LETTER BACK :grin:

[vint1954]

What Is A Cca And How Do I Go About It Please??????????

A CCA is a consumer credit agreement.

 

Send this letter to your creditor. They have 14 working days to comply or the account goes into dispute.

 

Dear Sir/Madam

 

Re account no xxxxxxxxxxxxxxx

 

With reference to the alleged debt to your company, this letter is a formal request of true copy of a signed and dated credit agreement for the above account number, under the terms and conditions of section 78(1) of the CCA act 1974. I enclose the statutory maximum fee of £1.00

 

I expect you to comply fully and properly with this request, within the statutory time limit.

I enclose a postal order no xxxxxxxxxxxxx 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.

 

I look forward to hearing from you.

 

Yours faithfully

 

[vint1954]

Cerberusalert has already provided a letter in post 3?

[shoesue25]

trhanks i got the letter i'll send it off tomorrow

[vint1954]

Silly question and off topic, but what do the 5 gold stars against this thread mean?

[cerberusalert]

In the toolbar at the top of the thread you can vote using the 'ratings' button.

[shoesue25]

HI everyone out there well next instalment comming up ,when i got the letter from reliable yesterday asking me to sign and send back there was a second a/c number on it we have found out this was a friends a/c with fasion world i had ordered items from and as they were deivered to my address and she has now left the country owing them money they have decided for whatever reason i am her yes thats right i am now another person at a different address and they want me to pay her bill on the strength of goods that were deivered to me ,i am now wondering if they live in the same world as us ,how do they come up with these assumptions ,i knew she was leaving but didnt know of her financial situationwhy why would i .so what do i do about this little gem?

[shoesue25]

Report their sorry backsides to your local trading standards, can be done online, and the OFT.

 

 

OFT IS THAT OFTEL ?

[Blondmusic]

OFT is the Office of Fair Trading

[vint1954]

In the toolbar at the top of the thread you can vote using the 'ratings' button.

Thanks, that explains it

[vint1954]

Dont sign anything.

[shoesue25]

hi

i wont sign anything i promise you they must assume everyone is very gullible i'm sure they will be very dissapointed when they don't recieve it back:confused: i have sent of the cca at this moment in time i am fumming that they are trying to get me to pay back someone else's account they rang again this morning i didnt answer the phone and i wont in future .well i am so glad i found this web site even if it was by accident you all know so much about the legal stuff i had no idea about all this. you lot are a mine field of information thank you again i'll keep you updated on the progress

of this saga:D