Simply Be/Reliable Collections Fraud Help

Optimist

At this point a letter to them from you isn't likely to help that much. This company know when they are on to a good thing given you have paid their demands over the last two years

You need them to stop their demands for money and you want the money paid to be repaid, however you have put yourself in a poor position by accepting the debt.

I would suggest a trip to CAB in the first instance. Take copies of all the correspondence to date. Surprising how a call from them often works wonders.

stclair

Laura_Alice wrote: »

As you'll see above, I asked for a copy of the signature they claimed to have but I didn't receive this ever. Thanks though.

Id give them a call and ask them for the parcel tracking number over the telephone. As its going back 2 years id tell them to check the Teradata as there systems only go back 6 months.

If the parcel was delivered by parcelnet now called Hermes (there main carrier) you can track the parcel online yourself and see what information it gives you. It may be a long shot as parcelnet/hermes may not keep tracking information online for that long.

If that fails id slap them with a SARs. (Subject Access Request).

sarahg1969

stclair wrote: »

If that fails id slap them with a SARs. (Subject Access Request).

I wouldn't. They'll want a tenner for that. I'd just not pay and then let them issue court proceedings if they want to, in which case they'll have to disclose the documents anyway.

I_know_my_ABC_and_my_CMYK

If it was me I would give national debt line a call and ask them as they may be able to help you get your money back and stop the harassment at the same time. Or go and see CAB but if you don't owe this money do not pay them as they are not entitled to it.

I_know_my_ABC_and_my_CMYK

Trillionaire wrote: »

I'm really sorry but I don't believe this is genuine. If it was an OAP who had started to pay, I would understand.

Who, in their right mind would pay a bill they didn't owe, especially if they were strapped for cash? Most people, if they couldn't get it sorted and didn't go to the CAB woould just go to court and tell the judge what has happened and let them prove that they had bought and signed for the stuff.

Also, I think the police would also mention going to the CAB.

It doesn't ring true.

I take it you have ever had to deal with a debt collection agency? If you have them I am surprised you posted this. DCA will use any means top get that money out of you, they bully harass and intimidate you until you get to a point where you as soon as the phone rings you get in a terrible panic in case it is the DCA. Added to that the constant letter they will send which state we may take you to court but when you are scared by the repeatedly bullying you automatically read that as they are going to take me to court so i had better pay.

The OP is certainly not the only one who has given in and paid a debt which isn't owed, Watchdog reported on people paying debts that they didn't owe last year just so they could get them off their back.

If you haven't ever had to deal with anything like this then I really do hope you never have to, they will make you life hell regardless of the amount owed. Also most of the DCA actually break the ruling set down by the OFT daily doing this.

Also one lady committed suicide due to harassment just like this over a debt she didn't owe.

never-in-doubt

Laura - i'd be looking to do what hippyadam suggests and write a concise letter of events to date; then add it to the following which will let them know you are aware of the law regards to bullying and illegal tactics:

Dear Sirs,

Ref: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to Simply Be.

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.


Yours faithfully,


Sign Electronically

If they are daft enough to send a doorstep visit threat, then simply send the following off to them:

Dear Sirs,

Ref: XXXXXXXX

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep visit”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,


Sign Electronically

Then have a read here, to learn about the lies they spout - they have no powers to do anything to you so do not worry!

http://forums.moneysavingexpert.com/showthread.html?t=1837507

If you haven't already, get your credit report (Experian will do for now) by writing to them enclosing £2. Check for a default or late payment markers -- if they have added derogatory data and you have been affected you can sue for loadsamoney! Seriously though, get your credit report and if there is a default then come back and post again and i'll sort you a letter to send to get the default removed.

Regards to the legalities of what they have done so far, they are in direct breach of the CCA and DPA not to mention MoJ. I'd seriously be writing to the ICO and FOS because their behaviour is despicable and illegal.

You should cease paying immediately..... also, no more phone calls - you need wverything in writing - it is proof for you against them!

You ought to be asking for a full refund of monies paid to date, plus interest and compensation.

If you struggle doing a letter let me know (PM me) and i'll get it sorted for you adding in the legalities which should kick them into gear. Yea I have experience in removing defaults and stuff for people and this will be a piece of cake to sort for you if you need the help

Have a read here for a letter I sent to a DCA - I now have a letter from them stating how sorry they are and that it will never happen again..... it shows how to merge the legalities into your draft letter: #18

never-in-doubt

If you want to know the exact truths behind what a DCA can and cannot do, have a read of the link below. I had the help of an ex DCA so the data is relevant and accurate as at this year!

http://forums.moneysavingexpert.com/showthread.html?t=1837507

Hope it helps dispel some myths for some people

Laura_Alice

I_know_my_ABC_and_my_CMYK wrote: »

I take it you have ever had to deal with a debt collection agency? If you have them I am surprised you posted this. DCA will use any means top get that money out of you, they bully harass and intimidate you until you get to a point where you as soon as the phone rings you get in a terrible panic in case it is the DCA. Added to that the constant letter they will send which state we may take you to court but when you are scared by the repeatedly bullying you automatically read that as they are going to take me to court so i had better pay.

The OP is certainly not the only one who has given in and paid a debt which isn't owed, Watchdog reported on people paying debts that they didn't owe last year just so they could get them off their back.

If you haven't ever had to deal with anything like this then I really do hope you never have to, they will make you life hell regardless of the amount owed. Also most of the DCA actually break the ruling set down by the OFT daily doing this.

Also one lady committed suicide due to harassment just like this over a debt she didn't owe.

Thank you. I don't feel completely stupid now. :T

Laura_Alice

Never-in-doubt: Thank you so much. I'll send the first letter and see what happens. If I get nothing, I'll be in touch. You've been a great help. :T :A

Trillionaire

I apologise.

I have never, until this thread, heard of people paying a debt that they don't owe:eek: and I'm atonished about the suicide over the tactics employed by collection agencies.

I hope you get the problem sorted and be very well compensated for your efforts.

Again, SORRY.