3rd debt collection attemped

[m0cej]

This I recieved yester day from where the debt oriinally started from I worked for them but they dont seem to be listening? I sent a letter asking how could they buy the debt BACK off a DCA once they'de sold it... as its been passed to Cap quest to anothet company, then fredickson international, I basically said would they cancel it for me as I'de worked for them for 23 years and it was there fault ect... this is the letter I recieved

 

Thank you for your recent letter

 

we can confirm that we have sent a noctification of no further action to the relevant debt company, and removed the charges from your account your balance now stands at 354.00 instead of 528.00

 

I confirm that we have reset your payment for you at the rate of 10.00 per 28 days

 

all charges have been stopped however, if payments are late or missed charges will be added.

 

your first payment of 10.00 is due on the 23rd november

 

We hope this information is helpful

 

your sincerely

 

Blah blah blah

 

DO I PAY remember this where the debt originally started so cant understand how theyve bought it back...

 

What shall I reply with????

 

thanks for all the help

 

Darren

[count orlok]

If they have produced an agreement set up a standing order for a £1 a month, if no agreement send them nothing.

 

Assuning they have provided the agreement, send them a letter saying you are on benefits; this is the MINIMUM AMOUNT OF MONEY THE GOVERNMENT SAY YOU NEED TO LIVE ON, so you cannot afford to pay them anything, but you are prepared to show you are trying by making token monthly payments of a pound.

 

Do not use DD.

[m0cej]

No Ive had no agreement off them, and they expect me to ring up and pay on my debit card or using a payment slip sent out to me every month.. Thats the way J.D.WILLIAMS&COMPANY do it and if you miss a payment then interest go on and its very high as well. They aint even produced my credit agreement yet????

 

Daz

[ODC]

Until and Unless they provide a SIGNED agreement pay them nothing. Write to them and tell them the alleged debt is in dispute until they provide a valid agreement

[m0cej]

This is what I recieved back J.D.Williams after sending a cca as they were just repeating themselves and kept sending payment slips to me until now... this is the letter

 

Thank you for letter undated (must have forgot but sent recorded) but recieved on the 19th novemberthe contents have been noted but

 

We are unable to locate a "True copy" of your credit agreement at this time.

 

I note you have recently contacted the CBA for advice in this matter I would confirm we have recently accepted a reduced payment of £10.00every 28 days on your ballance of £354.00 with a cancellation of interest charges. a letter has been sent explaining fully the terms and conditions of this plan.As a good will gesturewe wavered the usual arrangement fee.

 

I look forward to hearing from you soon as possible

 

yours sincerly blah blah blah

 

Could anyone advise on what to put in the letter I send back next

 

thanks for all the help

 

Daz

[ncf355]

As said above - no agreement, do not pay!

 

Just write:

 

 

Dear Sir/Madam,

 

I acknowledge receipt of your recent letter and wish to address its contents:

 

I have been advised that as you have admitted in writing your inability to produce a true copy of the original agreement that the alleged debt is wholly unenforceable under Section 127(3) of the Consumer Credit Act.

 

Accordingly, I shall be making no payment towards the alleged debt.

 

I would also remind you that as you are unable to produce evidence of a lawful agreement that you have no right to process my data and that I therefore require that you remove (with immediate effect) any negative information you may have added to my credit files as held by any credit reference agency.

 

I expect your written confirmation that any such data has been removed, and that whilst you are unable to produce evidence of a true copy of an agreement that is lawful under the aforementioned CCA 1974 that I shall receive no further communications from:

 

a) you

b) the original creditor

c) any other third party

 

Failure to meet the above request will result in complaints to all relevant authorities.

 

Yours faithfully,

 

 

XXXXXXXXXX

[m0cej]

Thanks ever so much i will send this recorded in the morning lets hope they dont turn nasty with me ha ha

 

Daz

[teaboy2]

hi mOcej

 

shame you didnt ask us for advice on your employer getting rid of you in the employment section of the forum. As am sure you would have had grounds to take them to an employment tribunal for unfair dismissal on the grounds of disability discrimination due to the fact you needed major hospital treatment. which would have meant you would have been classed as having a disability until you recovered.

 

If your former employer is responsible for all the DCA's chasing you, then you should go seek advice from a solicitor (some offer free advice) and also mention the circumstance on how your employment ended with them aswell as the debts.

Edited December 10, 2009 by teaboy2
grammer/spelling

[m0cej]

SORRY this is the 2nd letter...

This is what ive had since the letter I sent on the 10th december... Ive had 2 seperate ones. Its a notice of termination which states.. Depite previous reminders you have failed to keep to the agreed payment arrangement, you now risk this arrangement being cancelled.you must now make a payment withing 48 hour to avoid action being taken to recover the debt (theyde already done that see the beginning of my posts) to agree a suitable repayment.... As we no of any reason why your debt remains unpaidand there fore in line with the office of fair trading collection guidance we are notifying you of our rights to pass your account to a debt collection company "HEY" It already was until I contacted them my self "JD williams that is".. Its like they are just ignoring me....

 

**This is the 1st letter***

 

here is your jd williams credit account statement managed by Reliable collections it includes transaction upto18 dec 2009. You must pay the amount of 30.00 this includes an unpaid instalment of 20.00 Remember credit and administration charges will be incured until your arrangement is upto dateif your unable to pay please contact us on ---------- as we may be able to help.

 

This notice is given in compliance with the consumer credit act 1974 because you are behind with your payment under the agreement to discuss the state of your account please call us on ---------- this may help if you are experiencing problems in maintaining your payment...

And they include an office of fair trading leaflet

 

Its like they are paying no attention to what im writing but I dont know if these are just a computer gernerated letters or a direct reply for mine.But they still havent sent the credit agreement which they say they dont have a TRUE COPY of so whats my next step please as Im getting a little worried now?? especially if I have to end up paying the full ammount which I havent got??

 

sorry for the long post and once again thanks

 

Daz

[palomino]

Sorry to hear about all your hassle. Unfortunately it's all too familiar.

 

Of course these people are ignoring what you say. All they understand - and all they are interested in - is getting money from you.

 

Simply keep repeating that you will not make payments until a compliant credit agreement is produced. Each time you do this you are passing the ball back to them.

[hillards]

JD Williams aka (un)Reliable Collections and the many catalogues they operate are well known for their failure to produce a valid agreement, but continue with their letters, phone calls and other persistent harassment.

 

ncf355 gave you a letter to send, ignore anything else they may throw at you until they respond to that. Don't talk to them on the phone as they have this annoying habit of forgetting half the conversation when they write it up on the screen and often put in things they think they may have heard, like an offer to pay.

 

Beware of one of their little tricks, they will often send out a credit agreement form that they ask you to sign and return to them - DO NOT sign or return it. It's a trap! Some people have been caught out by this, including a member of my family who then had to pay them an alleged debt, which had been paid in full at the time she bought goods. They added charges on to the account, hence the 'debt'. GGrrrrr

 

Did you ever sign a credit agreement for the account? Quite probably not, and even if you did, it must have been several years ago. I would have a side bet at the bookies that they can't find it...?

 

Having read the story, my personal letter to them would include a liberal application of sage and onion... If they cannot provide the agreement you signed then they've no chance of collecting a bean. BUT, you need to stop them in their tracks now, before they start passing the account to other DCA's.

 

Don't pay them, or any 'agent', anything. You've done what you need to do already if you've gone through the routine of requesting a copy of the agreement from a DCA, even if it's their own made-up one, and paid your £1 fee. They then had just 12+2 days to comply, after which time the matter becomes unenforceable and they should stop all action.

 

They can do nothing unless they take the matter to court, and your defence is that you have asked them for the paperwork to back up their claim that you own them anything at all, and they failed. They will not go in that direction unless they are 100% sure of their ground. From what we know already, they are doing nothing more than asking you to pay and ignoring your letters.

 

As long as you are making offers of payment, or agreeing to what they ask, they'll keep at you as they think they have you running scared. They rely heavily on intimidation to make you think they have any right to make these demands. You are the one making matters worse for yourself by asking them to reduce the amount and so on.

 

It's been out to DCA's and back again, you've done your bit, stop talking to them and do yourself a big favour?

[m0cej]

Well Ive not signed anything to do with a credit agreement, As I was a former employee and it was a staff account They finished me on ill health after 25 years,and said they would close and deduct all monies owd before my final cheque..They close my account as soon as I finished but must have forgot to deduct money. I moved soon after, as I had to sell my house because I couldnt afford it.. So I knew nothing about what they had fail to do until 12 months after.. As I was very poorly and a waiting a heart op, and it was least of my worries, I then recieved a letter from fredrickson international or one of the dca's companies plus another 2 besides... in each instance I requested a cca off everyone of them but all were unable to provide a copy.. so in desperation I written to my old employee's asking them to cancel the debt?? and they started then...so the story go's... and never agreed to pay them anything or refuse to speak to them on the phone as Im still very bitter with them finishing me ect.......

 

Thanks for all the advice

Daz

[m0cej]

Another letter

 

This one basically says they've tried to contact me with no joy?? Because of this one of the out comes may be court action!!!! how ever, if I contact them in the next 48 hours they are willing too take reduced payments BUT Ive still had no reply from the letter I sent on the 16/12/2009 Which is in my thread its like it just being ignored... Im getting abit scared now to be honest, as I thought they would have replied by now about the letter?? shall I send it again or should I send another letter if so what should I put in in Im no good at letters

 

thankyou ever so much for your help

 

Darren

[m0cej]

Anyone please

 

Darren

[teaboy2]

If you have a reciept for as prove of the letter you sent earlier being sent, then just ignore their letters as it just another threatogram.

[m0cej]

yep I have the recorded delivery slip for the 16 december its just like they ignoring everything and with them mentioning about court action its a bit worrying ha but ive just check using track and trace and its still being processed for delivery??? from the 16th shall send it again???

 

Cheers Daz

[teaboy2]

yes i would sent it again.

 

include a note explaining the failed delivery first time round along with a photo copy of the receipt for safe measure.

 

then wait for a response. but send recorded delivery again and check in 4 working days that its been sent. if the same happens again then it must mean they not signing for recorded letters and are refusing to accept them.

[m0cej]

ok well what I think I did is Im recieving letter from reliable collections and jd willaim customer service dept.. The letterwhich said they havent got a true copy was jd william cust service dept so I will send it there as the reliable collections one (which the same company as I used to print them) is a Po box

Im getting confused as Im getting them off both...

 

regards Darren

[teaboy2]

yeah, just send the a photo copy. basically saying no CCA...now F OFF in polite terms lol

[m0cej]

Thanks a lot

 

rehards Daz

[m0cej]

Hi heres the reply I got could someone please translate pleaes it from there legal dept

 

Dear Mr xxxxxxx

 

I have been asked to respond to you letter dated 16/12/2009 which I recieved on tyhe 13th of jan 2010

 

we have noted your dicision not to make any further payments to the account in the absence of a valid dipute over the componants that make up the balance of your account we consider your assertionthat you have no legal liability fpr payment to be based on purely on the fact that we are unable to provide you with a true copy of the credit agreement.

 

we will how ever continue to make all necessary searches to our records and will provide you with a true copy of your agreement as soon as it becomes available.

 

As it would appear that we are currently unable to locate a true copy of your cedit agreement.we are aware that under of the act we are unable to legally enforce this agreement against tou through the courts.

 

How ever in accordance with the case of Mcguffick v rbs (2009) EWHC 2386 (comms) (McGuffick) you should be aware that we are still entitled among other things, to recieve any payments due under the agreement and your obligations to maintain thoses payments continue . if you fail to maintain your payment obligations,we are entitiled to report your missed payments to licence credit reference agencies who will record that information for 6 years.This could make it difficult for you to obtain credit in the future as their records may be consulted by financial organisations to whom you subsequentlyapply for credit. We are entitled to take these steps because under McGuffick, none of these activities were deemed to amount to enforcement....

 

We reiterate that we willendeavour to comply with your request as soon as possible.

 

There is a statutory right under section 10 of the data protection act 1998(the act) to require a data contro.ller to stop processing data. A common misconception is that this grants a data subject a general right to prevent a data controller from ligitimately processing that subject data .The act provides no such general right. provided we process data in compliance with the data protection principals in the act you may only request we cease processing where ;-

 

a( The processing is likely to cause damage or distress or

 

B) Where the purpose of the processing is for DIRECT MARKETING

 

We are not satified that you meet the tests set out in section 10 of the act to establish a right under (a) above especially as it is our case that you have previously consented to such processing as we carried out and /or the processing is in furtherance to a contract entered into at your request) there is a ballance outstanding on your account which is due and the processing of your account data will reflect that.we will accept your section 10 notice in respect of Direct Marketing only and we will now make arrangement to cease processing your data FOR THAT PURPOSE ONLY There may be pipeline mailings already selected for you which are in the course of dispatch which we can not now stop as these may be with a third parties but these will cease shortly

 

yours sincerly blah blah blah

 

Do I send anything back at all to this letter they never give up..... thanks for all your help

[ODC]

The letter is a load of hogwash. The only paragraph of any importance is

 

As it would appear that we are currently unable to locate a true copy of your cedit agreement.we are aware that under of the act we are unable to legally enforce this agreement against tou through the courts.

 

Personally I would file this away and ignore their begging letters

[m0cej]

Will it not affect my credit rating as they stated or are they just bluffing

 

Daz

[Fuzzgin]

From day one they've been bluffing. They can't do anything. They are bullies who know you owe nothing (which I believe is the case) but don't let that stop them from hoping they can guilt trip a basically decent human being into paying a debt through a mixture of shame, fear and conscience.

 

You've been treated abominably but the facts are (and correct me if I'm wrong)

 

• You were sacked while sick and could have a case against your firm.
  
• They took money from your redundancy payment to settle any outstanding balance
  
• They did not notify you of any error in subtracting a balance therefore there was probably no such error
  
• They they relied on you not knowing your rights to bully you
  

Nice people aren't they?

 

As you hopefully now know...

 

• They can't come to your home and take anything.
  
• They will lie to get their payments
  
• They will take advantage of someone in a vulnerable situation
  
• You don't have to pay them anything. They have never even attempted to prove the debt.
  

Relax, the only thing they can do is issue empty threats. They can't take it to court all they can do is try to scare you. You now know your rights. Therefore you can't be scared.

 

All the best!

[m0cej]

I suppose so... but the original debt was from a staff account! when they finished me they would do the deductions for money i owed the company and close my staff account as soon as the deductions were made... but at the time I was very poorly and just took the final cheque and thought no more of it until the first debt company got in touch...... So they must forgot to take the money I suppose but I wasnt to know that as I moved 6 months later and I couldnt access my account as it was closed.....

 

regards Darren