I need some help with reliable collections please

[Amy_Elizabeth]

Hi there,

 

i took out a account with fashion world back in 2006.

i couldn't keep up the payments and the debt was passed onto reliable debt.

the debt increased due to charges etc and i gave up paying at all.

 

a couple of weeks ago i came across a template letter on here i could send asking for the original signed agreement. http://www.consumeractiongroup.co.uk/forum/showthread.php?235803-Jd-Williams-reliable-Collections&highlight=reliable+collections

 

i sent it in hope that i could get rid of them but they've replied.

 

i received a letter, all the items i ordered with dates and costs and 2 pages of credit agreements

HOWEVER, these were not the originals!

ive moved house twice since and they themselves have filled in my name and new address on the agreements!!!

no signature tho! they claim they do not need to provide me with the original!

 

could anyone advise me with what step to take next?

the debt has doubled due to them so i refuse to pay anymore!

 

photos of the letters are attached. Many thanks in advance, Amy.

 

[rebel11]

Hi Amy

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Can you delete the reference number in the letter.

 

They don't have to provide 'True Copies', what they have provided are Reconstructed Agreements which would satisfy your

Request. But all the details on the Reconstructed Agreement should be the same as on the original Agreement. They have

got the address wrong, so they have not satisfied your request. You should send them a Dispute Letter. Have a read of no. 5 in my signature.

 

You need to send them an Account in Dispute letter. Make sure you send the correct one.

 

http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here

 

To claim back charges 1,2, and 3 in my signature.

 

Heres a spreadsheet to calculate charges:- http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Don't forget to charge them Contractual Interest.

 

Please don't post stuff like this on other threads 'holy smoley!!!'.

[Amy_Elizabeth]

oops! have done, thank you.

[citizenB]

Have there been any late payment or default charges applied to the account ? If interest is still being charged then this account is still with the original creditor. They say a review was undertaken.. did you agree to the £30.00 repayments or did they just tell you that is what YOU had to pay ?

 

Whilst a reconstituted agreement serves to fulfill their obligation under the s78 request. It wont be adequate should they want to take court action against you.

 

It seems ridiculous that under any repayment plan, the balance will continue to increase rather than decrease.

[Amy_Elizabeth]

yes there has been many charges! i had phoned them a while back asking if they can lower the payment. they told me they couldn't do anything until i had paid the £93? arrears. i said i could only afford to give them £30 towards the arrears. and they said it wasn't enough. so i didn't pay anything. now they say i made a repayment arrangement with them for £30 a month which i didn't! twisted my words!

 

heres a screen shot of the current account situation. the arrears have gone up again.

[Amy_Elizabeth]

16/07/2011 -- -- FOLLOW 7 2.843% AMOUNT DUE 124.48 -- Service Charge £52.91

12/07/2011 -- -- ADJUSTMENT -- Payment Reversal £1.00

04/07/2011 -- -- PAYMENT - THANK YOU -- Payment £1.00

23/06/2011 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

23/06/2011 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

18/06/2011 -- -- FOLLOW 6 2.843% AMOUNT DUE 95.48 -- Service Charge £50.89

21/05/2011 -- -- FOLLOW 5 2.843% AMOUNT DUE 65.48 -- Service Charge £49.20

21/05/2011 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

21/05/2011 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

03/05/2011 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00

[rebel11]

Hi Amy

 

No need to post anything else.

 

'heres a screen shot of the current account situation. the arrears have gone up again.'

 

Have a read of the Summary at the bottom, Carey v HSBC (2009) http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html

[Amy_Elizabeth]

so they dont need to send the original credit agreement? And its not worth sending the account dispute letter? i guess im stuck!

[rebel11]

You need to read the stuff thats been posted.

[Amy_Elizabeth]

sorry rebel, im having trouble understanding the summary. im in bed recovering from flu. ive asked my husband to have a look and hes clueless too. thank you for your help anyway.

[citizenB]

Amy, if you read the "Summary of Findings" at the bottom of the link, Rebel posted above you will see if the creditor has fulfilled their obligations under s78.

 

From what you have posted up, I would say you would be able to reclaim all those charges and what the hell is a service charge..? you should I think, be able to reclaim those as well.

 

That would bring down what is owed and might make it more manageable for you.

[Amy_Elizabeth]

Amy, if you read the "Summary of Findings" at the bottom of the link, Rebel posted above you will see if the creditor has fulfilled their obligations under s78.

 

From what you have posted up, I would say you would be able to reclaim all those charges and what the hell is a service charge..? you should I think, be able to reclaim those as well.

 

That would bring down what is owed and might make it more manageable for you.

 

 

ah ok. thank you so much x

[Amy_Elizabeth]

does anyone have a link to a template letter to reclaim charges? im sure i saw one earlier but i can find it now!

[rebel11]

2) The s78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself;

 

'HOWEVER, these were not the originals! ive moved house twice since and they've themselves have filled in my name and new address on the agreements'

[Amy_Elizabeth]

2) The s78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself;

 

'HOWEVER, these were not the originals! ive moved house twice since and they've themselves have filled in my name and new address on the agreements'

 

 

yes, i noticed this part but then the

". But the creditor can provide the name and address from whatever source it has of those details"

confused me. right, i will send the letter - Failure to provide a copy of the agreement within the prescribed timescale, and see how it goes from there.

 

thank you so much, youve been a great help! x

[rebel11]

Hi Amy

 

Number 3 in the link:-

 

http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here

 

Heres a spreadsheet to calculate charges:- http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

[rebel11]

All this means is that they can provide this information from any data they hold, screenshots, letters etc.

 

". But the creditor can provide the name and address from whatever source it has of those details"

 

Send all letters Recorded, keep a copy. Set up a folder.

[Amy_Elizabeth]

ive just had a look at the calculator...i think all this is going take some time to sort out! going to start tomorrow, beechams myself up and sort it out. thanks for your help! x

[rebel11]

Honey and Lemon should do the trick,

[Amy_Elizabeth]

hello again.

 

well i sent off the 2nd letter ( demand for a specimen signature before complying with S77/78 CCA) on 17/08/2011 and ive still not received any reply. they just keep sending demand letters and the debt is forever increasing. any idea whats happening and what to do next? thanks in advance, Amy.

[citizenB]

How are you doing with your reclaiming ?

[Amy_Elizabeth]

i haven't got that far.i got stuck with the calculator thing and decided to wait for their reply to the 2nd letter. i guess i better start the process of claiming the charges back.

[Amy_Elizabeth]

am i able to claim all interest and administration charges? ive been charged nearly £700 for them!

Edited September 20, 2011 by Amy_Elizabeth

[citizenB]

You will be claiming the interest on the PPI payment and yes, you can claim for administration charges, it is for them to prove the charges are what it cost them to administer the account. What spreadsheet are you using. The one below will calculate the figures for you.. all you need to is enter the APR that you were charged on the agreement at the top of the form. Enter the date each payment was taken and the amount and the spready does the rest for you.

 

[ATTACH]30292[/ATTACH]

[Amy_Elizabeth]

just filled in the spreadsheet. whats compound interest? and im not sure what to put in 'days elapsed'