dpick oh v reliable collections/jd williams

[hillards]

Realised I posted in wrong thread...

Edited December 7, 2008 by hillards
Realised I posted in wrong thread...

[sillygirl1]

Don't forget to mention to them that "reporting to the CRA's" is deemed "collections activity" as it is reporting on whether or not funds have been received, in your case an unenforcable agreement has been produced and therefore funds cannot be received and therefore reports cannot be sent!

 

Play them at their own game with interpretations..... tie them up in paperwork as it will cost them far more to reply (and report) than it costs you.

[pt2537]

i think as i am finding at work, we need to step outside of the CCA and ask for disclosure of the original agreement or if they refuse you will ask for disclosure by application to the court for pre action disclosure pursuant to CPR 31.

 

Lenders can hide all day long behind the "true copy" requirments but they can hide when the court orders disclosure

 

Oh and as for recording data, let them, then claim against them for damages pursuant to Durkin vs DSG

[blind-as-a-bat]

Hi PT this is one of my problems too and have been pondering on there claim they have an agreemant to proscess data.

 

The problem is all transactions reagarding any account would have been online, so what would be defined as an agreement to proscess data.

 

They could claim anything was on there website 8 years ago so am having a hard time seeing how asking for disclosure will help

[pt2537]

Hi PT this is one of my problems too and have been pondering on there claim they have an agreemant.

 

The problem is all transactions reagarding any account would have been online, so what would be defined as an agreement to proscess data.

 

They could claim anything was on there wedsite 8 years ago so am having a hard time seeing how asking for disclosure will help

 

Right well, firstly look at section 61(1)(a) CCA 1974

 

it requires that all the terms of agreement are laid before you when you *SIGN* the agreement.

 

if the agreement is 8 years old then the electronic comms order would not have had any effect, so the agreement needs to be in writing

 

disclosure works on the principal that you believe you have a claim and need a document to either prove or disprove it

 

if the other side refuse to disclose this document then you are prevented from obtaining a just remedy, so the court will order that the disclose the document to you to allow you to assess your potential claim

[sillygirl1]

You can use soemthing called the "Wayback" machine which will show you what was on a website on a specific date - 8 years ago seems rather suspect as this would then make the statute of limitations apply.....

 

They really are 'digging in the dirt' to stitch their customers up!

[blind-as-a-bat]

Hmmmm If JD williams couldnt be bothered with paperwork regarding there customer account what do you think the chances of them keeping a history of there website would be ?

 

Thanks for the answer PT, Thats the bit that never makes sense, they and the CRA claim the right to record info is not bound by a valid CCA, i can be on other terms you agreed to at the time the account was opened according to this reply i got from one of the CRA,s

 

I note the contents of your e-mail and I would like to explain how we obtain the information we hold about people and how it is then passed onto other lenders.

When an individual signs a financial agreement (usually under the terms of the Consumer Credit Act), one of the terms and conditions of that agreement is that the company concerned reserve the right to pass details of the account to a credit reference agency. By signing that agreement, you are agreeing to those terms and conditions. Therefore, for us to hold financial information about you, you will have signed a contract consenting to that company passing information onto ourselves.

Please note, that if a company cannot provide you with any actual evidence of your initial consent, this does not necessarily mean that they have to remove the data from your credit report.

For example, if a company can demonstrate that an account was being paid on time for a number of months/years prior to falling into arrears, this is often seen as evidence that the individual concerned must have consented to the terms and conditions of the contract.

Furthermore, a company will only open an account if the applicant agrees to their terms and conditions so, unless the account was opened fraudulently, the account holder must have agreed to the standard terms and conditions for that type of account.

Therefore, as long as the company terms and conditions specify that they reserve the right to pass account information to a credit reference agency, a period of meeting contractual obligations, or simply opening the account, will often be deemed as evidence of consent to those terms and conditions.

 

confused doesnt cover it

[noomill060]

For reference:

 

RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney

[joski34]

hi dpick..sorry to bump this back again it was just to see if you had the chance to dig out the letter before action that you sent to reliable stating the charges etc?? thanks for your help, joski

[abroadgirl]

thankyou all for replies

please can anyone draft a letter for me please ty

abroadgirl

[joski34]

Hi dpick, thanks for your help so far..hope you have had a chance to find me what you sent to JDW regarding the charges...vmt

[abroadgirl]

hi all i am now trying to get a letter its in one of our threads regarding jd williams but cannot find it

[abroadgirl]

break the Data Protection Act by continuing to process your data, as a subject.

 

There is a letter you can send,

Basically, it's the one that thanks the DCA for failing to produce a valid CCA and asksthem to stop processing your data. You will probably have seen a copy in many threads.

thanks for any help finding it

abg

[abroadgirl]

here are a few i have got from another site as im not to sure what letter you need will pop back soon

hugs

abg

 

 

When a creditor refuses your offer of payment

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

Thank you for your letter of 23−06−2006 concerning the above account.

 

We are are sorry that you feel unable to accept the offer which we have made. The majority of our other creditors have accepted the offers made to them and we have commenced payments.

 

We cannot offer you more because we can only afford £775 per month between all our other creditors, and it would be wrong to cease or reduce payments to our other creditors in favour of your company. The offer made to you is on a pro rata basis, as used by the county court.

 

In the light of the other creditors agreeing to our repayment plan, please would you reconsider our offer. We will be making the payments in line with the offer to your company, on a weekly basis, as a gesture of goodwill.

 

We look forward to hearing from you as soon as possible.

 

Yours faithfully

Mr A N Other

__________________

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

 

 

"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)

 

 

 

 

Letter C - Ask your creditors to accept a token payment or no payment on your debts

Ask your creditors to accept a token payment or no payment on your debts

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re Account No/Reference No:− 4563210025897412

 

Since making that above agreement with you, our circumstances have changed.

 

We cannot now afford to agreed monthly payments because ... [your paragraph added here]

 

We enclose a Personal Budget sheet which shows our total income from all sources, and the total outgoings of our household. As you can see we have no money left to make offers of payment to my creditors.

 

In view of our circumstances, would you please accept no payment at present to be reviewed in six months. If interest or other charges are being added to the account, we would be grateful if you would freeze these so our debt does not increase.

 

Should my circumstances improve we will contact you again.

 

Thank you for your assistance. We look forward to hearing from you as soon as possible.

 

Yours faithfully

Mr A N Other

__________________

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

 

 

"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)

 

 

 

[/url]

 

 

 

Letter B - Ask your creditors to accept pro rata offers of payment on your debts

Ask your creditors to accept pro rata offers of payment on your debts

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re Account No/Reference No:− 4563210025897412

 

Since making that above agreement with you, our circumstances have changed.

 

We cannot now afford to agreed monthly payments because ... [your paragraph added here]

 

We enclose a Personal Budget sheet which shows our total income from all sources, and our outgoings. As you can see we have only £123 per month left for our creditors. The offers we have made to our creditors have worked out on a pro−rata basis, and we have written to all our creditors asking them to accept reduced payments.

 

In view of our circumstances, please would you agree to accept a reduced offer of £27 per month. If interest or other charges are being added to the account we would be grateful if you would freeze these so that all payments made will reduce what I owe you.

 

Should our circumstances improve we will contact you again.

 

We would be grateful if you would send a paying−in book to make it easier to pay you. Thank you for your assistance. We look forward to hearing from you as soon as possible.

 

Yours faithfully

Mr A N Other

__________________

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

 

 

"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)

 

 

 

 

 

 

 

Letter A - Ask your creditors to hold action on your account

Ask your creditors to hold action on your account.

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

We are writing to inform you that we are seeking advice and assistance regarding our current financial difficulties.

 

To this end, we would appreciate if you could hold any action on the above account for a period of at least 28 days.

 

Also, during this period, could you please freeze interest and/or any other charges accruing on the above account.

 

We look forward to hearing from you as soon as possible.

 

Yours faithfully

Mr A N Other

__________________

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

 

 

"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)

 

 

 

 

 

 

 

 

Creditors and DCAs - Letter Templates & Budget Planner

Here is a selection of templates which will be useful when dealing with creditors.

 

Although I have called them Letter A, Letter B etc for ease of reference, they are in no particular order, and are in no way intended as a step-by-step guide - you will need to use the letter appropriate to your needs and edit it where indicated in red.

 

The letters are as follows:

• Letter A - Ask your creditors to hold action on your account
  
• Letter B - Ask your creditors to accept pro rata offers of payment on your debts
  
• Letter C - Ask your creditors to accept a token payment or no payment on your debts
  
• Letter D - When a creditor refuses your offer of payment
  
• Letter E - When a creditor refuses to freeze interest on your account
  
• Letter F - When a creditor has turned down an offer of payment, interest is still being added, and you want the creditor to take you to court.
  
• Letter G - When creditors have turned down an offer of payment, interest is still being added but you don’t want to go to court
  
• Letter H - When a creditor asks you to agree to a voluntary charge against your home
  
• Letter I - Request for a stay of execution in the High Court
  
• Letter J - Full and final settlement for any debt
  
• Letter K - Ask creditors to write off the debt due to your circumstances
  
• Letter L - Ask your creditors to reconsider if they refuse to write off the debt
  
• Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years
  
• Letter N - Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974
  
• Letter O - Mortgage shortfalls: Breakdown of balance owed
  
• Letter P - Mortgage shortfalls: Please write off the debt
  
• Letter Q - Mortgage shortfalls: Full and final settlement letter
  
• Letter R - Mortgage shortfalls: Lender should not pursue under CML policy
  
• Letter S - Inform your creditor that you are terminating your hire purchase/conditional sale agreement
  

Some of these letters refer to a budget planner. Here is a simple budget planner which you can fill in to work out how much you can afford to offer your creditors, and you can print this and send with the relevant letter:

 

 

Excel Budget Planner.xls

 

Works version (Link not working at present)

 

[Dipply75]

Am subbing this thread if you all don't mind as JD williams have jumped all over my last nerve and there is a wealth of info on this thread I can use!

 

And well done dpick , you made them back down and left SO much useful info for us too!

[abroadgirl]

hello all, please excuse me for not ccomming in i have had health probs, now i am just getting over kidney stones but i felt i should get back here as this is now driving me mad

i do have my own thread about J D Williams/Fashion World also i am here as well in your thread ty

 

HERES MY UPDATE

 

I have done everything i have been advised on here.

I have sent all the documentations and letters with the help of everyone.inc hardship which they have had and although they agreed with the hardship they sent me to fill in they still want there money and charges bloomin heck its over two thousand i did put the statments here will put them in again look at there charges etc tyvvm abg

morecroft must have refered this to this company below

 

now yesterday i got a letter this letter from

 

buchananclark

+ wells

Opening Hours: Monday - Thursday 8am-8pm

Friday 8am-5pm

Saturday 9am-1 pm

Payment Online: Pay Online by Debit or Cre

Pursuers:

J D WILLIAMS

Principal Sum: £xxxxxxxxxxxxxx

B€W Ref:-B1093?-4frJ--- -

We have been instructed by

J D WILLIAMS to recover an overdue debt, in the sum of

£xxxxxxxxxx on their behalf.

Our clients have informed us that they are unaware of any legitimate reason for

non-payment of their account and although they would prefer an amicable settlement, will

not hesitate to commence Legal Proceedings if necessary.

Please call our 24 Hour Payment Line immediately on 0844 571 4030to make payment by

Credit or Debit Card. Payment is also accepted online at BCWGroup online payments

Should there be any matter that you would like to bring to our attention or if you wish to

discuss your financial circumstances in relation to the debt, please call us immediately.

For and on behalf of

Buchanan Clark & Wells

[noomill060]

If you have CCA'd them and no credit agreement was forthcoming, I would start a claim for refund of all charges and interest levied thereon. The claim would also ask for declaratory relief under s.142 of CCA74 as they clearly have no CCA so you can ask the judge to make a declaration of unenforceabilty

[abroadgirl]

ty once again what or how do i respond to this firm below as they have now taken over from moorcroft

ty for any help n advise

abg

(abroadgirl)

[Dipply75]

Hi Abroadgirl.

 

Did you ever ask them for a copy of the credit agreement? Can you post a link to your thread and will see if I can help you with a letter...I should have one suitable knocking about

 

I had Buchanan Clark & Wells and got rid of them easliy enough. Don't be scared of them...they just like to sound big lol, they ain't!

[abroadgirl]

hi

ty for your replies.

I did reques etc but never got a copy of anything i have sent them another letter .

will let you know when i get a responce.

i shall post my threads as i dont know how to attach them

abg

[freakyleaky]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/148687-reliable-collections.html

 

If it's not that one have a look through your list

Find all threads started by abroadgirl

[abroadgirl]

ty for putting that for me

 

i really must get my threads sorted out

tyvvm

 

 

reliable collections

abroadgirl

 

Urgent Plz Littlwoods

abroadgirl

[abroadgirl]

wow i have found my threads tyvm

abg reliable collections

abroadgirl

Urgent PlzLittlwoods

abroadgirl

need help with a important letter

abroadgirl

enviromental health is there someone higher

abroadgirl

lloyyds and there charges/fees

abroadgirl

i want my holiday pay

abroadgirl

rights/law after purchasing glasses

abroadgirl

abroadgirl v Abbey ( 1 2 3 4 5 ... Last Page)

abroadgirl

stress?

abroadgirl

Abbey help please

abroadgirl

a charge help pease ty

abroadgirl

Going To Court To Have Your Stay Lifted? Hope This Will Help

abroadgirl

bankrupcy but now

abroadgirl

started action rbos v french

abroadgirl

kensington mortages/lost my home

abroadgirl

carnt find jonni2bad's thread where

abroadgirl

airtours dirty accomadation

abroadgirl

Hi I'm New

abroadgirl

Showing results 1 to 18 of 18

[abroadgirl]

bump for dippy

ty

abg

[abroadgirl]

Hello All Again I Have Put This In My Thread Too

Well I Have Got Two Letters Again From Bc&wells

This Time They Say That Despite Reminds Etc The Norm They Are Now Going To Take Me To Court At A Local Court

I Have Contacted Them And Now I Dont Know What To Say Please Can Anyone Help

J D Williams Reliable Collections

As Im Not Sure

I Did Get In My Eyes A False Cca A Good While Ago But They Had Handwritten My Name And Address And Sent It Me Photocopied To Me This Is Not A True Copy

Plus I Am Going To Reclaim All Charges,fees Etc As The Amound Thay Are Asking Is Mainly All In There Charges,fees Leeter Fees Interest

Tyvm For All Your Help

Abg