Reliable Collections

[me_n_my_kids]

Me and my partner have 3 accounts in the hand of reliable collections right now. cca's were sent on the same day, seperatly for all 3. one of the accounts got a reply along the lines of, we are aware it cant be enforced, dont pay if you dont want to but you will have a default for 6 years. another reply came in today for another account. same unsigned, impersonal photocopy as last one, with no mention of name or account number, however a different covering letter. it says:

 

Thank you for your letter.

In relation to your request for a copy of the executed agreement under section 78 of the consumer credit act, i would refer you to regulation 3 (2)(b) of the consumer credit (cancellation notices and copies of documents) regulations 1983. in it you will see that there is no requirement to provide a photocopy of the agreement bearing your signature; it is sufficiant that we supply details of the terms and conditions to which you have agreed. We are therefore enclosing a copy of the type of credit agreement sent to you when you opened your account in october 2004.

No legal action is pending at this time, however, a reply is required within the next 28 days.

What do you think of this? It is the exact same thing they have sent me as the one they sent for the other account, with a different covering letter. If anyone has any advice id appreciate it, as i cant make head nor tail of this one

 

Thanks

[ecobabe]

hey helz,

i also had dealing with reliable which has different arms with different names.

 

they sent me this same letter and it's true they can get round it by this,

BUT, they cannot enforce it through the courts.

 

to enforce through the courts they need,

wait for it.....the original signed agreement by both parties, properly formatted and executed.

 

today i have returned from trading standards where i have been dealing with reliable/1st credit/connaught/jd williams(all the same),

 

they sent this letter to me and i responded saying that I disputed debt and required copy of agreement because anyone could send me an unsigned copy of an agreement and claim that i owed them money,

they threatened default etc and did in fact default me.

 

sorry it's rambling..! they then wrote and said that they realised that they couldn't enforce through courts but would make sure my credit report was updated.

 

I told them that since they did not have my signed authority to do this they were breaching Data Protection Act.

 

5 months on trading standards are dealing with them and surprise surprise they wrote to TS this week saying all notes have been removed from my credit file including default!!!!

 

so just hold on with it.

have they defaulted on this yet, past the 12 working days?

 

post here and i'll try to help because it's the same company and they are trying same thing

[Guest The Terminator]

Name & Registered Office:

RELIABLE COLLECTIONS LIMITED

36 HOULDSWORTH STREET

MANCHESTER

LANCASHIRE

M1 1AG

Company No. 00707759

 

Status: Active

Date of Incorporation: 09/11/1961

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7499 - Non-trading company

Accounting Reference Date: 26/02

Last Accounts Made Up To: 25/02/2006 (DORMANT)

Next Accounts Due: 26/12/2007

Last Return Made Up To: 20/07/2006

Next Return Due: 17/08/2007

 

Highlighted documents are not yet available for inspection

Last Members List: 20/07/2006

Previous Names:No previous name information has been recorded over the last 20 years.Branch Details There are no branches associated with this company.Oversea Company Info There are no Oversea Details associated with this company

This is a non-trading company the above is taken from Companies House website.My best adivice is to report them to TS. In regard to your post the regulations do not over ride the law and unless they can supply the original signed agreement then the debt is unenforceable.

[Bigmac versus]

Sound advise and thats how i see it also, they are trying to stop you and have you make the payments, they would indeed need to produce the original signed agreement at court. Without this how can they actaully register details on your credit file?

[me_n_my_kids]

Thanks very much for the fast advice, i am going to do as suggested and write back saying the same as ecobabe wrote, disputing it and saying that anyone could send me a blank credit agreement and expect payment.

 

they did default, yes, they commit an offence on january 29th.

 

im completely new to reporting anyone to trading standards, if anyone has any information on how to go about it, costs, etc i will go ahead and do that. do i inform RC this is what i am going to do?

 

we have also stopped all payment on the accounts.

 

one more thing, sorry!!! will one letter regerencing all accounts be ok, or do i need to deal with them all seperatly?

[Sparkie1723]

This is another DCA that is incorrectly registered with the ICO as a Data Processor and are committing criminal offences chasing people for debts with an incorrectly registered license.

To give you an analogy try using a TV inyour new home on a license that has your OLD address on NO way you'll still get fined because its the building thats licensed not you,

Reliable has moved premises but haven't notified the ICO and thats a criminal offence under section 19 of the DPA

 

Tell the Trading Standards and the ICO about that, as many members as possible should make a complaint to the ICO . I am, and I 've had no dealings with them but I'm going to kick their butt pretty good.

 

 

Sprkie 1723:)

[me_n_my_kids]

Just out of interest, what are other examples of companies which have commited this offence? just wondering if any of them are the ones im fighting with right now?

 

I will complain to whoever im meant to, im getting pretty good at when told what to do.... lmao

[Sparkie1723]

The Registration license NO with the ICO is Z7092708 the address given as their registered address is not the one the terminator posted its 36 Hilton Street Manchester M1 2 EH

 

Section 17 of the DPA says it must be their registered office address.

How deep is deep S*#t?

 

Sparkie1723:)

[me_n_my_kids]

how on earth do you lot manage to find all these things out!!!

 

right, who do i write to, what do i say, and what in the meantime do i tell RC about what im doing regarding complaint?

 

sorry a lot of questions

[ecobabe]

to be honest i would wait until they have actually committed an offence before i took any action ie TS and Information Commissioners Office . do write back saying that you do not acknowledge debt and the bit about anyone being able to send this to you, blah blah still require copy of properly executed agreement. be prepared it will take ages to get it sorted out, it took me 5 months, but...i didn't pay anything during that period..and it will be sorted out in the end, finally and properly

[Guest The Terminator]

how on earth do you lot manage to find all these things out!!!

 

right, who do i write to, what do i say, and what in the meantime do i tell RC about what im doing regarding complaint?

 

sorry a lot of questions

 

Follow ecobabe's advice and see what happens.There's a lot more to come yet:)

[me_n_my_kids]

Ok, ecobabe, do you have a letter saying i dont awknowledge anything etc that i could use? i will do as you say, send that now and let teh clock tick till jan 29th.

 

will one letter do all accounts?

[me_n_my_kids]

Is this letter ok do you think?

 

 

Reliable Collections Ltd

PO Box 268

Manchester

M99 1BD

 

January 5th, 2007

 

Dear Sir/Madam

RE: Account Number - *******

I awknowledge no debt to your company

I write in reply to your letter dated 29th December 2006.

The copy of a blank credit agreement with which you provided me is not acceptable to me. I still require a copy of a properly executed credit agreement. Any institution could send me a copy of a blank credit agreement and claim that I owed them money, and so I must continue to dispute this debt until this agreement is provided by yourselves.

This is required by January 29th, 2007 in order for the debt not to become unenforceable.

 

Yours faithfully

 

If you think i should change anything please let me know ty

[NailPost]

Nothing wrong with your letter but I would leave out the words "to me" in the second sentence. The matter is not acceptable full stop.

 

Secondly why give them four weeks. 12 working days is the normal limit whjich they have already had. Two weeks from receipt would be generous, cut it to a week if you like. They are already in default and need a judge's permsission to continue.

 

By the way, is this a catalogue debt. If it is then it unlikely you ever signed an agreement with them which is why they are saying stupid things. They know they don't have the proper forms and are just trying it on.

[me_n_my_kids]

Yes nailpost, this is a catalogue debt. a very similar debt to one which they already sent me a letter saying they know is unenforcable! the reason for the deadline i gave was that is one calender month from the date they defaulted on the cca. am i right in thinking this is when the debt becomes unenforceable?

 

i know nothng else was ever signed....

[ecobabe]

hi, letter ok, do what nailpost suggested, but i would leave out the bit where you tell them that it becomes unenforceable on 29th. it's already unenforceable unless they come up with proper agreement. they commit an offence on 29th. but don't say that to them, only because that's what you want to happen and let them keep tabs on timescales themselves.

[me_n_my_kids]

Ok thanks

[me_n_my_kids]

Hey all,

 

just a quick question. yesterday i got 2 letters from RC. one said we know this debt is unenforceable, and coz we cant find executed agreement we will not pursue the debt further. but they are planning on entering neg data on credit file. im sure there is a letter ive to send about not sharing data if theres no agreement?

 

Also, the other letter was the standard ring us to pay this debt you're in serious arrears, they have done a trace to see if im still living at my address, surely while they have commited an offence by not having a credit agreement they shouldn't be doing things like this? what should i send?

 

I have also sent them a letter about not being properly registered but it was only sent last week, there is no reply from them yet

[lookinforinfo]

You are quite correct that they have no mandate to process data about you

since the agreement has not been properly executed.

Nor can they pursue you for a debt when they have not complied with your CCA request.

 

Complain to your local Trading Standards Office, showing them copies of both

letters. Then write to RC advising them why you have complained to TS and

demanding that they remove any negative data on your file.

[me_n_my_kids]

Brill, thanks for the advice:)

[me_n_my_kids]

I have 3 accounts with this DCA, for jd williams, simply be, and another company in the same chain (forgotton which one, head boggling!)

 

They have addmitted that there is no CCA for any of the accounts, what is the proccess for default removal?

 

TY:D

[nannamoon1]

Helznpeanut

 

I assume you have sent a CCA request, they have 12 days to supply you with a copy of the credit agreements, if they fail they have defaulted, the

 

After the 12 days plus a month they commit a criminal offence and cannot enforce the debt.

 

I believe it is at this stage you can report them to the OFT, TS etc. and you can ask JD to remove the defaults, as they have no documents to prove the debt.

[me_n_my_kids]

yes thats the stage im at, i will write asking for default removal, thanks

[sjcwhuk]

It is also worth checking your credit file with the three main credit reference agencies.

 

I believe if they have no agreement they must stop data being sent and remove what data is on file.

[me_n_my_kids]

Will do, ty:)