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    • Sorry honebee13, press on something and name was gone may well be tiredness
    • Just left the name not dacted. Can you sort this out please
    • Particulars of Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the Defendant/Part 20 Counterclaimant and that the Claimant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.   5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3000. (See receipt at Exhbibit-1).   11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.   12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When the Claimant challenged admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Exhbibit-2).  Over a month later the Claimant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Exhibit -3).  All of this snagging work remains undone by the Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at ( Exhibit 4.)   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in  Exhibit-5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £16,577.12 in respect of:   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete is  £3,000 – Exhibit 1 (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above, £16,577.12 – Exhibit 5 (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above;  £8577,12 – Exhibit 6 (d)  the cost of the steel beam referred to in para 14 above put down as estimated.  TBA 4 and 5   19. In addition to the amount in paragraph 18 above, the defendant/Part 20 counterclaimant also claims 8% interest under the County Courts Act 1984 from the 26 October 2020 which was the last day of his employee left the property"        STATEMENT OF TRUTH   I believe that the facts stated in this particulars of counterclaim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’.         Signed:                                          (  
    • I regret coming back onto this thread.   What is so difficult about dividing the figure of £16,577.12 into four separate amounts, especially when one is known at £3000?   When you filed your original counterclaim, how much did you want for completing the work?   When you filed your counterclaim, how much did you want for the damage?   When you filed your counterclaim, how much did you want for the steel beam?    
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Reliable Collections Ltd - PremierMan


jas1304
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Hi all.

 

I have been dealing with Reliable Collections for some time now and making regular payments. It's from an old catalogue I used to have, PremierMan. I believe Reliable are their in-house collectors.

 

I was paying them a regular amount of £7.15 per month. They wrote to me recently telling me my new payments have increased to £17.15 per month and there was no choice in the matter. I wrote back saying my circumstances have not changed therefore my payments are going to be the same, £7.15 and not £17.15.

 

I had this letter back of them showing their position. Additionally I know they will add at least £12.00 per month administration charges, thus making any payments I have made to them to reduce this debt invalid.

 

http://i1194.photobucket.com/albums/aa373/jas1304/Reliable%20Collections1/ReliableLetter1.jpg

 

http://i1194.photobucket.com/albums/aa373/jas1304/Reliable%20Collections1/ReliableFS.jpg

 

The last paragraph makes me laugh a bit where it says if I have any problems with this arrangement to contact them immediately. I already contacted them immediately and the above was their response!

 

So would I be right to send them the information they request in the second link above? Because personally I feel like telling them to take a run and jump. I am trying to clear this debt but this has now stopped me from doing so.

 

As always your advice is greatly appreciated.

 

Regards

 

Jas

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Hi jas

 

Firstly they have no right to know your I and E details, only a Court can demand them

 

The OFT Guidelines also prevent them from forcing higher payments . .

 

Physical/psychological harassment

 

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

 

2.6 Examples of unfair practices are as follows:

 

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

 

If you are paying by DD it cancel it so they cannot take extra money from you and try to set up a SO for what you can aford, there's a great letter by another cagger that I can never find when I want it about thanking a DCA for making them do an I and E caculation and as a result they've found out all they can pay is £1

 

DCA's greed is their downfall in the end

 

Write to them again with your offer stating basically take it or leave it

 

Good luck

 

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Hi

 

Thank you very much for your reply, it has been very helpful. I have now downloaded a copy of the OFT Guidelines and they are interesting.

 

I will write back and tell them once again I can't afford their demanded payment amount. Whilst I can provide a full financial statement it really bugs me that these people will know the inside-out of my finances. In any case the amount showing on the FS is the same as I have previously offered them, trying to force money from me which I don't have isn't going to help.

 

I will insert the quotes from the OFT guidelines that you have mentioned.

 

Thanks once again, Regards

 

Jas

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Dear Unreliable Collections,

 

Thank you for your letter dated DD/MM/YYYY, the contents of which have been noted and reported.

 

I will bring it to your attention that your demand for me to fill out YOUR I&E form is deluded, you must surely be aware by now, that this information can only be requested and given to a Judge. These people WILL have had the relevant training, knowledge and expertise to view such personal & private information whereby they will then be able to make a mature and accurate decision as to my financial position, thus making a logical decision.

 

For the avoidance of any doubt, YOU are not in any position to be demanding that I complete this poor attempt at an I&E form, I will however, complete and send MY own version that I shall get from the local court, or the citizen advice bureau as these will be court approved documents, not some random questions drawn up on the back of a fag packet.

 

I am also sorry to learn that you do not want to continue collecting my offer of payment each month, and you somehow feel that I should be paying much more, once again YOU cannot demand I pay any more than I can reasonably afford, if you are intent on being greedy, then you should seek the correct legal advice and issue court proceedings whereby a Judge will decide on the payments, and I strongly doubt that you will receive anywhere near the amount I am currently paying you.

This is in NO way a priority debt, and if you insist on pushing your greed, I will reduce my payments to suit.

 

I trust that I have made myself crystal clear? If there is anything in this letter you do not understand then you will be well advised to seek proper legal advice,

I look forward to your prompt & mature response.

 

Regards.

 

 

(PRINT NAME)

 

Enc I&E form.

http://www.nationaldebtline.co.uk/england_wales/budget_sheet.php?country=england_wales

 

DO NOT send them their I&E form. It's pathetic.

You can even send them a very very basic I&E form.

Monthly IN=£500.

Monthly OUT=£499

Offer of payment £1 month.

 

If your not happy telling them the ins and outs, then you DO NOT have to tell them, in fact you DO NOT have to send them anything at all, IMO if this is simply for a catalogue, I wouldn't bother, you have checked that they have the right to collect on this alleged debt?

How old is it??

 

The ONLY reason why ANYONE should send an I&E form is IF it will help you in your offer of payment, then if it does get to the court room, it will go in your favour when the DJ sees that you have sent in a form and made a realistic offer of payment.

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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You're welcome jas

 

Before you decide to fill in their I & E sheet try to find the one used by the Courts but also keep in mind that once they have your details they may try to get you to recalculate based on what they think are needless expences

 

You know your circumstances so stick to them

 

Regards

 

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Yet another brilliant letter by BB

:lol:

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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you have ofcourse cca'ed these jokers?

 

and you mention 'fees'

 

if you've been charges those on the cat A/C then GET RECLAIMING

 

they are unlawful and are judged a 'penalty charge' made compulsory by a 'generic' T+C which does not allow negotiation with customers to happen.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi I found that unreliable collections to be ******** when they were wanting payments above what we could afford. If they had been reasonable I would just have continued to make payments I could afford. They did not so read my claim against them and see what you can do as long as your agreement pre dates April 2007(change in CCA 2006). These twits are all part of J.D.Williams group, I reclaimed all interest applied to account and all charges.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?104426-dpick-oh-v-reliable-collections-jd-williams&highlight=

 

dpick

Edited by dpick
Still canna spell

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Hi thanks for all your reply's.

 

In the light of their attitude and unwillingness to take into account my financial and health problems I will write back to them and tell them that my offer is non-negotiable. Accept and get something or reject and get nothing. What I have offered I believe the courts will accept should it go that far.

 

Thanks for all your advice and support.

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I would go one step further, thank them for their greed, and as such you have looked again at your finances and they will now only be receiving £1 a month. If they wish to pursue legal action, then they should inform their clients to do so immediately, your offer is final and non negotiable, because of their incompetent foolish attitude you are reducing these payments to a level that is much more realistic & manageable for you. You look forward to going to court where a Judge will agree with your actions and payments.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I would go one step further, thank them for their greed, and as such you have looked again at your finances and they will now only be receiving £1 a month. If they wish to pursue legal action, then they should inform their clients to do so immediately, your offer is final and non negotiable, because of their incompetent foolish attitude you are reducing these payments to a level that is much more realistic & manageable for you. You look forward to going to court where a Judge will agree with your actions and payments.

 

lol. It does make you feel very angry. I do feel like doing just as you said because it gets a little boring trying to negotiate with these monkeys. In fact the outcome will probably be the same whether I pay £30 per month or £1 per month - COURT! lol. So yes, maybe I will just tell em to stuff off.

 

Regards

 

Jas

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get reclaiming:

 

http://www.egalegal.com/compoundWindow.html

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ooh thats a good one DX!

I found another one http://www.marshu.com/articles/calculate-percentage-increase-decrease-percent-calculator.php helped me work out my landlord is trying to increase the electricity charge by 295%!!

Not on your nelly mister!!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

Well these people are morons.

 

I sent a CCA request from the template on this site, which says the £1 postal order is not to be used for any other purpose other than for the statutory fee for the CCA request. They have duly taken this pound off my account lol.

 

I sent the CCA request on 18th April and I am currently waiting for the 14 working days to expire. They have however refused to accept my offer of payment so no more payment for these clowns. Hopefully the morons will take it to court where I'll apply for an Administration Order.

 

Jas

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IF they've taken the £1 off the account and you have evidence of that then I would personally be looking at a complaint :) It may only be £1, but theres a greater principle.

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Well these people are morons.

 

I sent a CCA request from the template on this site, which says the £1 postal order is not to be used for any other purpose other than for the statutory fee for the CCA request. They have duly taken this pound off my account lol.

 

I sent the CCA request on 18th April and I am currently waiting for the 14 working days to expire. They have however refused to accept my offer of payment so no more payment for these clowns. Hopefully the morons will take it to court where I'll apply for an Administration Order.

 

Jas

 

 

They do this so later on they can attempt to say you paid £1 towards the debt therefore it cant be statute barred... So long as you keep a record that you have not made a payment but rather the £1 was for the CCA request they can do what they want with their imaginary figures.

 

Worth a letter back stating you notice they have taken the £1 off of the account but that the amount was a statutory fee and not any kind of payment.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi all.

 

I have written to them again telling them off for taking the £1 off my account which was the statutory fee for my CCA request. I have read the FOS link from Bazooka (thanks) and need to wait eight weeks to complain to them, which I will do if I don't get any satisfaction from unReliable collections.

 

I sent a CCA request on April 18th. I believe it's 12+2 working days they have to send me it. They have not done so yet, just trying to work out the 12+2 with all the bank holidays etc lol - what date to you guys work this out to be? please.

 

The funny thing about their refusal to accept my offer is they have accepted my wife's offer without any problem, yet we have the same income lmao and pay our debts pro-rata! They are morons.

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Get a diary!!!

 

 

Tuesday 10th May, is the date I make it......with beer goggles firmly on! Did you send it recorded delivery?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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LOL. Yes recorded delivery. I just wasn't sure the date they had till to respond with the bank holidays and stuff lol. They will be getting another letter early next week then. Thanks for that :roll:

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Hi.

 

Off topic here but I thought I would ask as a favour to my brother - so I'll keep it short.

 

He has a debt with moorcroft and requested a CCA. They wrote back saying they do not have to provide one because of some court case they quoted (he lost the letter) saying the debt is enforceable with or without a CCA. Should they still have provided one though?

 

Many thanks.

 

Jas

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load of Moorcrap they still have to produce this is another bit of trying to mislead by misquoting.

 

So short answer is "on yer bike twits" for moorcrap.

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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He has a debt with moorcroft and requested a CCA. They wrote back saying they do not have to provide one because of some court case they quoted (he lost the letter) saying the debt is enforceable with or without a CCA. Should they still have provided one though?

 

Wow! I'll have a pint of whatever they've had......Shame he lost the letter, that quote could have been added to the "valid even if not read by you"

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Wow! I'll have a pint of whatever they've had......Shame he lost the letter, that quote could have been added to the "valid even if not read by you"

 

No doubt the case would have been Carey vs HSBC and the letter would have said that they dont have to provide the ACTUAL document due to that case.

 

S.

 

Whilst some in the judiciary are accepting reconstructions ala Carey vs HSBC, Carey was all about s78 requests and informational purposes, NOT enforcement.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Of course! How could I forget?? Doesn't sound so funny when you say it.......:biggrin1:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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