Re: Simply Be - Reliable Collections

[tillyoulostme]

Does anyone know what I should do now? or am I stuck in a lose-lose situation? Thanks everyone.

[cerberusalert]

They have sent you a blank agreement, a copy of what your agreement would have looked like had you signed one. technically they can do this but if they wished to pursue this through a court they would have to produce the original complete with your signature, the prescribed terms and the right to cancel.

 

If indeed such a document existed and they have it in their possession why would they waste time and energy sending a blank one?

[cerberusalert]

I'd be tempted to send them Scotts letter below & see what their response is;

 

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 fulfil 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.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

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.**

[tillyoulostme]

Thank you this is excellent. I shall be sending that off shortly.

[dx100uk]

as said they've done the same with the mrs

if you look

there are two blank copies , one is tear-off that you are supposed to sign, detach it and send back!

 

so they def dont have a sign agreement

 

dx

[hillards]

one is tear-off that you are supposed to sign, detach it and send back!

Beware - some people think that signing and sending the form back will be good for them - all it does it provide Simply Be/Unreliable Collections with a valid agreement!

It has happened, I know two people who were that daft...

[dx100uk]

doh!

 

dx

[tillyoulostme]

Hi guys, I sent Scott's letter and it took a while, but I finally got a reply. Now I'm really scared . Is there anything I can do? Please, any help would be so appreciated. Thank you.

 

I've attached a copy of the letter I received, as the site isn't allowing me to post a link in my reply.

 

[cerberusalert]

It's too small to read.... can you upload it as before to imagefrog?

[tillyoulostme]

Sorry, it's really small, I'll try this instead - "...In the absence of any valid dispute over the balance of your account, we consider your assertion to be purely based on the fact that you claim the relevant credit agreement has not been signed. Important changes mean that as your account was opened after April 2007, even if we cannot produce a signed agreement (which is not admitted) we have the right to apply to the court for an enforcement order. Unless the courts find prejudice by the alleged failure to procure your signature, which we do not consider to have been prejudiced by the alleged omission of your signature, we are confident that we would be successful in being granted an enforcement order in respect of the agreement. If you continue to deny any liability and fail to fail to make payments towards it, we can apply to the court and reserve our right to seek costs and interest. In addition, our rights in relation to pursuing you for the full cash balance of the goods are fully reserved...."

 

It' paraphrased a little, but that's the essential parts of the letter.

 

Please help.

[count orlok]

The CCA 2006 (that apply's to aggreements taken out after april 2007), removed much of the protection from the CCA 74, in that the form of the agreement is not so strict, but I thought they still had to have a signature. That said if they can prove you owe it the judge will not make an order for you to pay more than you can afford.

 

EDIT:

 

Just went back to the beginning of the thread; you said you opened the account in 2005, so how come they are claiming you opened it after april 2007?

 

If you are right they are talking a load of bull, but if they are right it will be harder, I beleive they could even argue that when you signed for the goods you accepted the agreement.

Edited October 15, 2010 by count orlok

[tillyoulostme]

Hi Guys, I'm back again. I've been trying to sort out the problem with reliable collections, but I haven't got very far, and now I'm really worried. I can't remember the exact date I opened the account, but I was sure it was just before April of 07, but it may have actually been that month. I received another letter today, and I really don't know what to do. As I said, when I opened the account I was working and could afford the payments, but now I'm sick and not going to get better, I just can't afford what they're asking from me - £45.00 a month. Please, could someone help me. I definitely didn't sign a contract, and tbh, I had no idea it could snowball like this. In the latest letter, there's definately a threatening edge coming in. They've said "This account has now been held in abeyance for a considerable length of time, and whilst we appreciate that a dispute has been raised, we cannot hold the account indefinitely. All points raised have been answered in full, however, without your final instruction we have no alternative than to recommence collections activity on the account" and then ask me to call the management team.

 

Please, someone, I need some help, I'm really worried about this, and now I don't know what to do.

 

Thank you

[dx100uk]

offer and pay PCM what you can sensibly afford

 

they wont go to court if you are payning 'something' on a regular basis.

 

just DONT give them DD or card details

do it by internet banking

 

that is if you feel you do own the debt.

 

thought about reclaiming charges etc??

 

dx

[Bazooka Boo]

Just to add some weight to this, YOU tell THEM what YOU will pay, not the other way round, this IS NOT a priority debt, and you most certainly won't go to jail for it, although you would think that you had committed some heinous crime with their threatening missives and what they would like you to think they can do to you, in truth they very rarely ever do carry out any of their threats, simply because they rely on people receiving their immature threats and relying on peoples lack of knowledge of debt collection.

 

As the date of opening the account is in doubt a little here then you might send them (the original creditor)a SAR to find out the exact dat, if it is pre 2007, then they will have to produce a signed agreement in court, if you took this out online say then it will only be a tick box which will replace your signature.