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scotcall saying my partner must pay my cat debt as I have no income

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Hi everyone

I've just had a phonecall from Scotcall on behalf of JD Williams for a catalogue debt.

 

I was paying £2.50 a week but had to stop payments as I have no income.

 

I was a carer for my nana but was no longer needed so have have switched to JSA .

 

As my partner works I only get my credits paid for my pension and I have no income.

 

I explained this to the chap on the phone and he said my partner needed to pay my debt

as the government had decided he needed to support me instead of paying me jsa so he has to pay my bills.

 

I told him his debt was a non priority debt and I could understand my partner paying priority outgoings, e.g. Mortgage, gas, water etc

but it was not his debt and he was not paying it.

 

I also asked him that if he was not working and had no income would he expect his girlfriend to pay his non priority debts and he said yes, I got mad and hung up the phone.

 

Can someone explain to me where I stand on thia please?

 

Obvious answer is get a job and pay the debts off and I have been trying but have been very unsuccessful.


Pinklisar

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Stop talking on the phone if they ring say in writing and hang up

 

They may move on to a doorstep collection (if you have a doorstep wash it down and make sure it is clean)

 

If they do attend they have no powers and can be told where to go

 

Bet there is lots of penalty charges on the account


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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There probably is,

I'm the process of getting all my bits together to try and claim back charges from all my debts, inc the above.

 

On 14th Dec I sent a CCA request to simply be, fashion world and shapely figures.

 

I sent individual letters and included a £1 postal order in each envelope.

 

One of the catalogues has used the £1 payment off the debt.

 

I used a CCA request letter from this site that gives them 12+2 days to reply or the account is in dispute.

 

How do I work out when the 12+2 date is up?

 

Does it include bank holidays and weekends or not?

 

What do I do now the £1 was used for the debt instead of foe the CCA?


Pinklisar

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Hi everyone

I've just had a phonecall from Scotcall on behalf of JD Williams for a catalogue debt. I was paying £2.50 a week but had to stop payments as I have no income. I was a carer for my nana but was no longer needed so have have switched to JSA . As my partner works I only get my credits paid for my pension and I have no income. I explained this to the chap on the phone and he said my partner needed to pay my debt as the government had decided he needed to support me instead of paying me jsa so he has to pay my bills. I told him his debt was a non priority debt and I could understand my partner paying priority outgoings, e.g. Mortgage, gas, water etc but it was not his debt and he was not paying it. I also asked him that if he was not working and had no income would he expect his girlfriend to pay his Jon priority debts and he said yes, I got mad and hung up the phone. Can someone explain to me where I stand on thia please? Obvious answer is get a job and pay the debts off and I have been trying but have been very unsuccessful.

 

What a load of nonsense.

 

This is actually breaking the OFT rules about making misleading and deliberately wrong statements when collecting debts.

 

Don't speak to them on the phone again.

 

If this debt is recent, then it is up to you whether you are able to afford to make token payments or not.

 

Scotcall are unlikely to do anything, other than pass the debt back to whoever owns it.

 

You could write to JD Williams to explain your position and offer them say £1 per month until your financial position improves.

 

I am presuming that JD Williams still own the debt and that you have not been advised otherwise.


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They are talking nonsense they cannot demand a third party pays a totally non priority debt, section 3.5 (g) OFT Guidance 2003/2012 ''false representation'' = ''pursuing 3rd parties for a debt when they are not liable''.

Report this to the OFT.

 

You tell them what you can afford to pay, TELL DON'T ASK!


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Hi everyone

I've just had a phonecall from Scotcall on behalf of JD Williams for a catalogue debt. I was paying £2.50 a week but had to stop payments as I have no income. I was a carer for my nana but was no longer needed so have have switched to JSA . As my partner works I only get my credits paid for my pension and I have no income. I explained this to the chap on the phone and he said my partner needed to pay my debt as the government had decided he needed to support me instead of paying me jsa so he has to pay my bills. I told him his debt was a non priority debt and I could understand my partner paying priority outgoings, e.g. Mortgage, gas, water etc but it was not his debt and he was not paying it. I also asked him that if he was not working and had no income would he expect his girlfriend to pay his Jon priority debts and he said yes, I got mad and hung up the phone. Can someone explain to me where I stand on thia please? Obvious answer is get a job and pay the debts off and I have been trying but have been very unsuccessful.

 

This is one of the reasons we tell people to stay off the phone. Scotcall are talking absolute nonsense. Your partner is not responsible for your debts.


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I explained this to the chap on the phone and he said my partner needed to pay my debt as the government had decided he needed to support me instead of paying me jsa so he has to pay my bills.

 

And this is BS


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I was sorting a debt out for my mother in law once and was told that as she is on benefits then she should pay her debts off (this was on the phone to Colemans or some other pretend Solicitor) as, to quote "other people on benefits pay us.."

 

"well more fool them.." I replied.

 

Colemans then said (on the phone) that they will now start legal proceedings, I asked if they'd be kind enough to make that statement in writing to me as, even though I record my calls, I like to have pretend threats in writing too.

 

They terminated my call.

 

OP - you tell them what you want to pay, not the other way arouind.

 

Have you complained about the £1.00 CCA fee being used to credit yiur account? Did you use the CCA letter from the library on here? If so, there is a line in it that states the fee must not be used for any other purpose than a CCA request.

 

I'm currently persuing a DCA for doing this. Much fun.

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Hi,

Thankyou all for your answers. Is it worth writing a letter of complaint to Scotcall about the caller?

 

This is the letter I sent to shapely figures / simply be and fashion world.

What is my next step now that they have not sent me a cca and also used the £1 fee as payment from the debt. I'm pretty sure this letter was copied from this site, from someones signauture link x

 

Dear Sir/Madam

 

Re:− Account Number

 

This letter is a formal request pursuant to s.78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

Lisa

Edited by maroondevo52
Removed surname.

Pinklisar

:p:razz:

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Yes a formal complaint re the caller is in order!!


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Once they have failed to comply with your legal request for the CCA then send them this http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

As for them using the Stat fee to pay toward the debt, then this is fraud, not only do they think they can reset the limitation period by doing this, they also will be acting fraudulently and attempting to make a financial gain from false representation, but keep it to yourself for a later date when they claim your account isn't statute barred because you made a £1 payment, then you can take them to the cleaners.

 

http://www.legislation.gov.uk/ukpga/2006/35/section/2


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 everyone,

Thank you for all of your replies. I will be writing Scotcall and my other catalogues letters today.

I did receive a Notice of Transfer from Reliable Collections today saying my account is now being transferred to their legal advisors for the recovery of the outstanding balance (£1273.92). Is this something I should be worried about?

Also, the CCA requests were sent to the catalogue names and not reliable collections, should I send the letter of complaints to Reliable Collections or the Catalogues?

This month on one of the catalogues I received 2 x £12 admin charges and £4.05 service charge?

regards

Lisa x


Pinklisar

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How old are these Cats?

 

And yes The failure letter goes to the Cats whom you sent your CCA request too.


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

I've had these catalogues for at least 7 years and have probably been dealing with Reliable Collections for the last 4 years.

I have been ill for a while now and had to ask them to reduce payments and freeze interest.

 

At the minute I have no income as I am only getting my credits paid for my pension as my partner works full time even though I am jsa.

 

One of these debts was down to £18 last Feb,

I thought I had paid the £18 off but accidently sent the payment to another debt company and it has now gone up to £169.

 

I was paying £1 a week while I was a carer for my nana but I was no longer needed so had to go onto jsa.

I was on esa until April when I switched to carers allowance to look after my nana.

 

This is the latest statement from one of them.

29/12/2012 - - FOLLOW 5 2.843% AMOUNT DUE 11.25 Service Charge £4.05

18/12/2012 - - PAYMENT - THANK YOU Payment £1.00

16/12/2012 - - ADMINSTRATION CHARGE Adjustment £12.00

11/12/2012 - - ADMINSTRATION CHARGE Adjustment £12.00

27/11/2012 - - PAYMENT - THANK YOU Payment £2.00

20/11/2012 - - PAYMENT - THANK YOU Payment £2.00

17/11/2012 - - ADMINSTRATION CHARGE Adjustment £12.00

13/11/2012 - - PAYMENT - THANK YOU Payment £1.25

06/11/2012 - - PAYMENT - THANK YOU Payment £1.25

30/10/2012 - - PAYMENT - THANK YOU Payment £1.25

23/10/2012 - - PAYMENT - THANK YOU Payment £1.25

20/10/2012 - - ADMINSTRATION CHARGE Adjustment £12.00

16/10/2012 - - PAYMENT - THANK YOU Payment £1.25

09/10/2012 - - PAYMENT - THANK YOU Payment £1.25

02/10/2012 - - PAYMENT - THANK YOU Payment £1.25

25/09/2012 - - PAYMENT - THANK YOU Payment £1.00

18/09/2012 - - PAYMENT - THANK YOU Payment £1.00

11/09/2012 - - PAYMENT - THANK YOU Payment £1.00

08/09/2012 - - FOLLOW 9 2.843% AMOUNT DUE 133.90 Service Charge £3.47

04/09/2012 - - PAYMENT - THANK YOU Payment £1.00

29/08/2012 - - PAYMENT - THANK YOU Payment £1.00

21/08/2012 - - PAYMENT - THANK YOU Payment £1.00

14/08/2012 - - PAYMENT - THANK YOU Payment £1.00

11/08/2012 - - FOLLOW 8 2.843% AMOUNT DUE 134.43 Service Charge £3.40

24/07/2012 - - PAYMENT - THANK YOU Payment £1.00

14/07/2012 - - FOLLOW 7 2.843% AMOUNT DUE 132.03 Service Charge £3.33

 

I wrote them all letters saying that I would pay them £1 per week,

they didn't agree to this and said the minimum they would accept was £5 a month.

 

I told them that this was a load of rubbish as they had accepted as little as £1.87 a month off the debts to begin with.

 

I eventually caved in and said I would pay £1.25 a week which would work out as £5 a month.

 

As this meant they didn't get £5 every 28 days I kept getting charges.

 

I'm really trying hard to get this sorted but it gets me so depressed sometimes x

Lisa x


Pinklisar

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Don't get depressed, there really is no need, look at this like a game, and it's all one sided as you have all the rights and knowledge on your side.

 

They need to stop the interest and charges have you told them to do so?

 

Secondly, ignore all of the charges and interest from the date you made token payments, and you ONLY need pay them £1 a month, don't ask, tell them!

 

You have complete control over this, they have absolutely none.

Set up a standing order to pay that amount nothing more and certainly not a direct debit.

 

As for the CCA requests, if they have failed to supply these, which they will have as nearly all catalogues fail to have one, then send them the Failed letter and STOP all payments.

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.


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 should submit a claim for the service and administration charges - until they provide a copy of the agreement, then there is no basis for these.


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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you for your replies.

 

Can I send CCA requests to catalogue debts that have gone to court?

 

I also have another catalogue debt that I got a default for but have stopped asking me for payment so this hasn't been paid for about 3 years, I wrote to the company who had it and they said it got sent back to the original creditor and they coudn't find it, that was in July 09 and i've heard nothing since. I was just waiting for that one to go SB.

 

I have one catalogue that has a different D.O.B. to mine, when I applied online I hurried and clicked on the day, month, year, below mine and didn't think it mattered or should I just leave that one incase of repercussion?

 

What about claiming on debts that have been cleared?

 

Bazooka Boo - I did ask them to stop all interest and charges but was told they couldn't do so as there wasn't a payment arrangement in place. I will send the failed to comply letters today Ii haven't made a payment since I sent the CCA letter in December and they won't be getting another one from me.

 

Citizen B - I know CCA and Claiming charges back are two seperate things, do I need to wait until I get a reply from the failed to comply CCA letter or can I send one now?

 

regards

Lisa x


Pinklisar

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Thank you for your replies.

 

Can I send CCA requests to catalogue debts that have gone to court?

 

I also have another catalogue debt that I got a default for but have stopped asking me for payment so this hasn't been paid for about 3 years, I wrote to the company who had it and they said it got sent back to the original creditor and they coudn't find it, that was in July 09 and i've heard nothing since. I was just waiting for that one to go SB.

 

I have one catalogue that has a different D.O.B. to mine, when I applied online I hurried and clicked on the day, month, year, below mine and didn't think it mattered or should I just leave that one incase of repercussion?

 

What about claiming on debts that have been cleared?

 

Bazooka Boo - I did ask them to stop all interest and charges but was told they couldn't do so as there wasn't a payment arrangement in place. I will send the failed to comply letters today Ii haven't made a payment since I sent the CCA letter in December and they won't be getting another one from me.

 

Citizen B - I know CCA and Claiming charges back are two seperate things, do I need to wait until I get a reply from the failed to comply CCA letter or can I send one now?

 

regards

Lisa x

 

You can start your reclaim for the charges right now if you have the statements for the dates and amounts.

 

You will need to complete the from the link below..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011(1-Viewing)-nbsp

 

If you are unsure which spreadsheet to use.. just shout and someone will advise.

 

 

Can I send CCA requests to catalogue debts that have gone to court?

 

 

 

What was the outcome of the court case on this one ?

 

If judgment was awarded against you and you have an installment plan in place to repay the debt then in theory, yes you can request a copy of the CCA, but they do not need to send it as the judgment forms the new agreement.


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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Aren't unreliable collections just part of JD williams?

 

I believe that non response to a CCA reuest is an absolute defence in court. Can you prove you sent the letters (recorded delivery)

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Aren't unreliable collections just part of JD williams?

 

I believe that non response to a CCA reuest is an absolute defence in court. Can you prove you sent the letters (recorded delivery)

 

yes they are, I just didn't know which I was supposed to send the letters too. As far as I am aware they won't take me to court, will they?


Pinklisar

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.

 

 

 

 

What was the outcome of the court case on this one ?

 

If judgment was awarded against you and you have an installment plan in place to repay the debt then in theory, yes you can request a copy of the CCA, but they do not need to send it as the judgment forms the new agreement.

 

I can't remember exactly what happened but I sent in a budget planner to the court offering £10 per month and this was accepted. Does that mean I can't request a CCA or claim back charges even if there wasn't a CCA?


Pinklisar

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I can't remember exactly what happened but I sent in a budget planner to the court offering £10 per month and this was accepted. Does that mean I can't request a CCA or claim back charges even if there wasn't a CCA?

 

 

The time to have argued absence of the agreement would have been at the original court case !

 

You can try and obtain a copy and also statements, because that is what you will require in order to reclaim the charges.. the agreement itself has nothing to do with the charges reclaim.


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4: Staying Calm About Debt

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Well to be honest there is no legal reason why they shouldn't. However non compliance with a CCA request is an absolute defence against judgement, depending on the age of the catalgues there may be other defences such as lack of agreement, invalid default notice, invalid letter of assignment (if it has been assigned) maybe estoppel issues (which i do not understand) etc

 

Personally I think it unlikely that they will take any legal action (if they do you must defend) as they are keeping you in a spiral of debt by acting unfairly .

 

As someone suggested you could at this point stop paying as they have not provided your cca request but maybe a letter reminding them first would be a good idea

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Hello Everyone,

I received this letter this morning from Fasion World

 

Thank you for your recent letter, the contents of which we note.

This account was orginally opened on the 1st March 2007 as a personal credit account, payable on a 28 days basis, however, as a result of financial difficulties, the payment was reduced to £5.00 every 28 days and all the interest charges suspended(providing payments are received regularly and on time),

Where interest charges become applicable, the account will be charged at the rate of 2.84 pence in the pound (equal to 39,9% APR variable) every 28 days.

Since the account was opened 61 payments have been made to the account to date totalling £847.89.

/the current balance is £169.20 with arrears outstanding of £6.25. We can confirm that there is currently no payment protection insurance covering this account.

Based on the above balance and repaymnet rate, and if no further transactions take place against the account, a total of 33 instalments are expected to repay the balance in full, consisting of 1 payment of £11.25, 31 sunsequent paymenta every 28 days thereafter of £5.00 and 1 final payment of £2.95.

Please find enclosed a "True Copy" of your credit agreement setting out the Terms and Conditions to which you agreed when the account was opened along with the current terms and conditions.

We have enclosed an itemised breakdown of the account dating back to the 9th March 2007.

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 customer's actual signature.

 

We await to hear from you.

 

Enclosed with the letter was statements showing all transactions since I opened the account and 4 credit agreements. None of these hae been signed by me, someone has filled in my name and address on all of these along with my account number but my signature is not on any of these.

 

What are my next steps now?

 

Thank you all in advance for all the help you give as well.

Lisa x


Pinklisar

:p:razz:

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I've had a quick add up and i've been charged

44 x £12 admin charges = £528

£248.08 total in interest


Pinklisar

:p:razz:

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