consumer credit agreements in eu 2006

[bigpaddy1754]

hi i have several agreements with the williams group. i am having problems with payments/reliable collections. i have only been with the williams group for about eleven months. i clicked there t&cs, and have since read them, i downloaded the set which comes before you apply for the account, and i have the customers t&cs. they are exactly the same. i have never recieved an agreement to sign and i have read the both sets of t&cs and nowhere does it mention that because i have clicked the t&cs, i have electronically signed up for an agreement. i want to request a cca but dont know on what grounds.

[Tools]

Re: consumer credit agreements in eu 2006

Hi Paddy and welcome to Beagles

Why are you wanting to request a CCA?

[bigpaddy1754]

Re: consumer credit agreements in eu 2006

hi tools. since we first started with the williams it has been nothing but hassle. when we first started to have problems they didnt want to know. eventually we got a phone call from reliable collections on behalf of one of our catalogues, my wife explained what had gone wrong, to this the lady said we may benefit from a debt management plan my wife said yes it may help. within 30seconds some body was on the line from a dmc.my wife spoke to this chap and he started working out a plan. when i realised that this chap was a third party introduced by reliable collections. that is against the law. it took me 6 weeks to get our deposit back. when reliable collections took over again we set up payments for every 28 days. after the first payment reliable started moving the dates around, which meant that they wanted on average every 22 days. i have e-mailed them wrote to them and no one takes any notice.
so i want to see who takes notice when i ask for the cca. and on there T&Cs there is no reference to; by clicking the T&Cs box you have made an agreement. sorry it is a bit long tools. regards bigpaddy

[Amethyst]

Re: consumer credit agreements in eu 2006

July/August 2008 you took out an agreement with the JD Williams Group for catalogue purchases on credit terms.

You ran into difficulties making payments, contacted JD Williams Group and received not a lot by way of assistance.

You received a call from Reliable Collections chasing arrears on the accounts. Your wife explained the issues and they passed her through to a third party Debt Management Company who took a deposit from you in order to manage payments on your behalf with Reliable Collections (so basically signed you up to a debt management plan with this company - is it Ideal Solution's Group (tel: 01204 545 600) possibly http://www.idealds.co.uk/ ???????? ) (I'm dubious if that call was from Reliable in the first place but a lead call from Ideal purely to sell you the DMP) Wonder if theres a link between Reliable and IDS Collections.

You cancelled and managed to get your deposit refunded.

You then started paying Reliable Collections again monthly - was this by DD/SO ? SO payments to Reliable seem to need to be made a couple days before the due date or you get late payment charges etc.

What paperwork have you received from Reliable Collections - also what paperwork/agreements from the third party and what are they called ?

Do you dispute the amount Reliable are saying you owe ? I assume there are a number of late payment fees on there which you can dispute and get taken off the balance ?

[bigpaddy1754]

Re: consumer credit agreements in eu 2006

hi amethyst. the lady who first iniated the whole fiasco called saying, she was from reliable collections on behalf of simply be. the company she introduced us to was Kensington Financial Management Consultants. The chap from this company got the ball rolling very quickly, he gave my wife some information and then asked my wife some questions. he then said that he would get everything sorted out and put some paperwork in the post for the next day. a payment book arrived with some paperwork for us to sign, we had to make a payment of £100.00 within 14 days, on the morning(9am) of the day we where to make a payment we got a phone call from kensingtons asking what time we where going to pay the in. bells started ringing. we got that sorted out after threatening to write the oft, and other interested parties. reliable rang and said that they would accept £10.00 per debt, every 28 days, we paid the first set up fee, and were told that invoices would be sent out so we knew when to pay, simply be started playing games by moving the dates around and jacamo did the same. we paid by debit card so we have a statement and an e-mail reciept. i have read there terms and conditions and no where does it state that by ticking the T&Cs where you commited to an agreement.
i want to cca them to make them sit up and take notice to what we are saying, and if they carry on the way they are. i will take it to the next level.
i am sorry if i have ranted on,but i feel as though i am going round in circles.
thank you Amethyst. regards. big paddy

[Amethyst]

Re: consumer credit agreements in eu 2006

hmmm Kensington, have heard a fair bit about them.

Really doesnt seem right that Reliable sent you to them will have to check on the regulations surrounding that kind of thing.

The CCA is post April 2007 so theres no possibility of having it deemed unenforceable through the 127(3) channel. if thats what you were thinking and as you have access to copies of those you agreed to electronically at the time of taking out the accounts I don;'t think requesting it would have much affect.

I think what I would do is write yourself a list, what you actually owe on each catalogue (spend and interest (or service charge whatever they call it) work out what you can afford to pay monthly (I assume reliable have all your accounts merged into one figure) and write to JD Williams cc Reliable Collections saying You have set up a SO for that affordable figure on XX date each month and will pay this for XX months (work out when it would all be paid off ignoring their extra charges) - ask them to stop interest, refund late payment charges due to their ineptitude at dealing with the account and the mess up with payment dates - ask them to confirm they accept this in writing or issue you a final response letter which you will take your case to the FOS and issue a complaint with the OFT regarding their debt collection practises and the passing over to a third party CMC (under oft664). Also tell them not to contact you by telephone.

Set up the SO and stick to it.

Tell them what YOU will be doing and ask them to agree, if they dont they can sue you you have more than enough amunition (I suspect they have already annihilated your credit rating) to defend and get installments set by court.


Okay having a look about - is this you http://www.consumeractiongroup.co.uk...ton-fmc-2.html - just fills in a few blanks if so, if not then be worth reading.

[bigpaddy1754]

Re: consumer credit agreements in eu 2006

hi. amethyst, thanks for all the info, i will try to get things sorted out with my wife, i cant sort things as i suffer heart and mental health problems, so i cant take the lead here even though i take most of the flack when they call as i am house-bound, i wont say that i am not enjoying the battle, because i am, i just have one question, surely companies who do business should have a warning that if you click to read the T&Cs it is also a lawful binding agreement. i hope you dont mind but i will keep in touch, and let you know how i get on .
thank you once again. regards; bigpaddy
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hi Amethyst. yes that is me, i thought i had sorted all this out on the other forum, and i am afraid i forgot my password, (it is old age.) i really dont know what i am doing, and that is hard to take for an ex manager of a building company, and a foreman electrician in my last job, but with the help of one person per day, be it family or forum i will get by. so once again thank you and god bless you and yours. regards bigpaddy