Reliable Collections Ltd - PremierMan

[jas1304]

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.

 

Yes that was the case they mentioned! So basically then they still should have sent him the information he requested.....I will let him know.

[the_shadow]

Yes that was the case they mentioned! So basically then they still should have sent him the information he requested.....I will let him know.

 

Hmm thats not quite what I said....

 

If the agreement was post april 2007 then no they dont need an agreement, they just have to show a relationship exists and the money has been loaned tbh.

 

If the agreement was pre april 2007 then in response to a s78 request they have to send either a true copy/ the real copy / a reconstruction, although they must tell you what they are sending you.

 

A true copy is basically the details of the agreement taken direct from the original agreement minus the signature

 

A reconstruction is similar in that its the details of the agreement taken from "other sources" which MUST have the original name/address as when the credit was applied for.

 

A real copy is just that... a real copy (photocopy/scan copy etc)

 

In response to a s78 they can send minimal information but for enforcement in a court of law judges decide on what to accept or reject as evidence. Carey vs HSBC IS being used in enforcement actions and unless proof positive is given into why the agreement is false/unenforceable a judge would likley accept it.

 

S.

[jas1304]

Okey, thanks for clearing that up.

 

Jas

[Happyhippy1959]

haaaa Moorcrap,, that's where my special weed went then. !!!!!!!!!!!!!!!!!!!!!!!! damn naughty of them,,, I was going to enjoy a quick smoke of the special stuff !!!!!!!!!!!

[jas1304]

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

 

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

 

Hi.

 

I had my CCA request back this afternoon and all seems in order. At the same time I had another letter off them changing their mind about my payment offer, without sending them an I & E form. I chose some carefully selected words from this thread, quoted, and they have now accepted my offer lol. Marvellous what you can do when they see a bit of knowledge about the system - so thanks very much for all the input from you guys; stopped them in their tracks.

 

Jas

[Happyhippy1959]

Well done Jas, I had the same with a few of mine,,, said they would not accept token payment the usual stuff,,,, told them see em in court.... sent my own IE and told them did not mind half yearly or yearly reviews but it would be me and me alone who would pay more when I could afford. Had a shed of over time in March so they all got a bit more this month,,,, good thing this internet banking. But old hippy had wished he would have kept some extra, me damn tooth is at me... don't rain it pours.!!!!!!!!!!!!

[brokebutnotbeatn]

ah Hippy - I missed your name in another post of mine. apologies! It is not a good idea I believe to increase a payment as a one-off, as it starts the barrage of demands for more...just a comment as you can cope with the barrage but others may be more 'delicate'! x

[jas1304]

Hi all.

 

It's a bit of a game sometimes, seeing who has the stronger will but they do wear you down - or try to.

 

My advice (giving out advice now!) is if we stick to our guns and pay what we genuinely can then we have little to worry about the majority of time.

 

Thanks all.

[Happyhippy1959]

Good point BROKE, did not think of it that way, but must say have done this on quite a few occasions and touch wood nothing as yet. !!!!!!!!!!!!!! another advantage in this is that if it goes to court and the judge checks the pay slips he or she can see the hippy is not living the good life and genuinely trying to pay back his debts?????? I know it has not been pro-rata the creditors but a little extra on the small ones and a very little extra on all the others if that makes sense. i.e. 15 creditors, I have an extra say £100 from the fast diminishing overtime,,, so a rough calculation is £6.60 each... Now what I may do is £5.00 on each and a little extra on the smallest. In 2009 it was 18 creditors now 15 by the end of this year hopefully down to 12. I call the shots, not the DCA's, my credit rating is about as good as Ireland's at the moment. I don't want any more credit ever again. I will never be able to afford a house again so no need of a mortgage and to make things even better, I have never CCA any of my creditors as yet. A SAR is on the way to Argoos store card due to Freds being on the case now and the total jumping through the roof.

 

Though one big mistake the Hippy has done is not put an emergency fund by,... Now one or two of my teeth are really causing gip, off to throw myself at the mercy of the dental profession and hope I can pay him most of it at the end of the month... again some overtime coming in this wage packet. Keep the receipt for dental bill and attach to wage slip and if I should find myself in court then bingo sir,,, my teeth had to be done or else nothing at all for the vultures because I would have been off work sick. Again as with this great site and great people here, everyone has there own battle plans and that's what makes this site so so good because nobody condemns anyone and everyone gives up there time to help. If ever I do the lottery and ever win, I would hold a big CAG party for all those that have helped me here over the years and the drinks food accommodation and any special smoke's would be on the HIPPY.....

 

Sorry Jaz just seen your comments, ( to many pain killers for me teeth ) it certainly is but hey,,, they won't wear the old hippy down that's for sure.

[jas1304]

Hi all.

 

Earlier it was posted about reclaiming charges that these people may be adding, like the £12 administration fees. Could someone please post a link to this procedure and any templates. Also if done properly how successful are these reclaims? I mean are they really unlawful etc that one would be 100% successful? Thank you.

 

Regards

 

Jas

[Bazooka Boo]

There is no template as such, you need to do the leg work here.

Look through your statements etc and see what fees or charges they have added, then claim them back by way of a letter to the bank.

[jas1304]

There is no template as such, you need to do the leg work here.

Look through your statements etc and see what fees or charges they have added, then claim them back by way of a letter to the bank.

 

 

Hi, thanks for your reply.

 

It's Reliable collections I'm talking about not a bank. Earlier in this thread somebody said I could reclaim charges. What I am trying to look for is a reason why I would be entitled to reclaim these charges from this debt collector. Obviously I believe these charges to be unfair but is that enough? is what I'm trying to say. Basically is the law drawn to their side or my side or in between?

 

Thanks again.

 

Regards

 

Jas

[ims21]

Hi, thanks for your reply.

 

It's Reliable collections I'm talking about not a bank. Earlier in this thread somebody said I could reclaim charges. What I am trying to look for is a reason why I would be entitled to reclaim these charges from this debt collector. Obviously I believe these charges to be unfair but is that enough? is what I'm trying to say. Basically is the law drawn to their side or my side or in between?

 

Thanks again.

 

Regards

 

Jas

 

Hi

 

I think what we might need here is more detail of the debt and the process by which it got to debt colector and why the dca are adding charges.

 

Perhaps a new thread for this?

 

ims

[Bazooka Boo]

Right gotcha!

 

Well, unless the DCA has bought the debt and ALL of the rights to it under the law of property act, then they cannot add any charges.

 

Correction, they CAN add whatever charges they want to, BUT they WILL NOT be able to enforce these or force you to pay them, as they are unlawful/unfair call it what you want.

 

So that said, the LAW is firmly on your side, even if they have bought this alleged debt and all of the rights to it under the law of property act, they will have to go a long way in order to show that these fees and charges are indeed fair.

 

Besides, they can only add fees & charges that you originally agreed to in your initial agreement with the OC.

 

So in essence it will be pointless reclaiming these charges, you just don't have to pay them.

[Happyhippy1959]

Here here BB, Muppetcroft added a admin fee on my account with O2, have told them repeatabley they are not getting it. END OF STORY. I have given up telling them, so when this small debt is paid it will be for what O2 say's I owe. I HATE THIS LATE FEE BUSINESS AND HAVE NEVER EVERY PAID ONE SINCE. Brooks and Bentley tried, I paid CCS collect the money less £20.00 and told them see you in court. NEVER HEARD A DICKY BIRD SINCE.

 

It is outrageous that these companies can charge you extra for paying cash, I hate direct debits as if a problem arises you are hit with a double wammy,