Reliable Collections Ltd

[Angry mum]

Reliable Collections Ltd...........after speaking to them and asking for a copy of my signed credit agreement, they sent me two copies of an agreement, one with my details on - which I've never seen before and doesn't have my signature on, the other, exactly the same but in their name signed by somebody at their company.

 

Their letter states Please find enclosed a reconstituted 'true copy' of your clients credit agreement settling out the terms and conditions to which they agreed when the account was opened along with the current Terms & Condtions.

 

They say that when responding to a section 78 request, a lender does not have to provide a photocopy or other literal copy of the executed agreement nor provide a copy bearing or some other proof of the customers actual signature.

 

They are now threatening all sorts of action as I can't afford to pay what they are asking.

 

What should I do next please? Thanks.

[rhos123]

hi, first of all DO NOT PHONE these dca **** they will tell you lies and threaten all sorts of nastys, to get you to pay.

 

is this for a c/c ? how old is it, can you post the agreement up, blank your out personal details, ref no, barcodes.

[Angry mum]

This was a Simply Be account which was taken out at the start of 2007. I've scanned copies that they sent me but they aren't that clear, hope you can see them, if not I can e-mail them to you. Thanks

 

 

All I have blanked out is the hand written part which contained my name, Address and account number.

 

 

[rhos123]

sorry cant read them, can you upload via photobucket, or tinypic.com

[cerberusalert]

I've enhanced the images.

 

 

[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.**

[Angry mum]

Thank you for your help, have now sent the second letter so we'll wait and see what happens next....will keep you informed.

[dpick]

Hi unreliable collections did the same with my wife though they did not even check if the address was correct as we had moved since opening the account, they entered the new address on the reconstructed agreement when challenged they closed the account and that was it. Also send them a copy of the received reconstructed agreement letter below.

 

Dear Sirs,

 

Thank you for your letter dated nn/nn/nnnn.

You have chosen to respond to my CCA request by providing a reconstituted agreement. While this may satisfy a CCA request, it is not enforceable in a court of law.

 

I now request you to confirm that you actually hold a copy of the original signed agreement. If you do not hold an agreement, then I require you to confirm this, or if you do hold the original signed Agreement then I would ask for you to advise me in what form.

 

I can think of no valid reason why you should provide a reconstituted version when you could have simply photocopied the original-if it exists.

 

I would remind you that the OFT state that creditors should not imply or state that an enforceable agreement exists if that is not the case.

 

I look forward to receiving your response within 14 days if I do not I will then consider the alleged debt to be unenforceable at that time.

 

Dpick