Reliable Collections?

l14mlfc

Hi, this is my first post so I have no idea if this is in the right section.

In August 2012 my son who is fifteen made a Jacamo account without me knowing, and ordered about £150 stuff. I found out and went ballistic but it was monthly £10ish payments so I paid until November but I can't afford it anymore. The debt got transferred to Reliable Collections and even though Jacamo know that it's my son's account. (It's in his name) Reliable Collections keep pestering me for money, everytime they send me a letter they add on a £12 admin fee!
When I try and log in to the Jacamo website to pay some off it says "Sorry - this account can no longer be used on this website" I'm willing to make a payment plan with Jacamo but I'm not dealing with Reliable Collections. Are they Bailiffs? And do they have any power over me? Like can they seize assests even though I live in a council house and I'm on benefits for the time being.

Should I be scared? Sorry for all the questions but this is taking up 90% of my thinking a day, I'm really worried!

Any help would be greatly welcomed and I'm sorry if this is in the wrong forum.

michael1983l

First of all debt collectors can't forceably take anything off you without a warrant of execution and a court order, so don't worry.

Secondly, if the account is in your sons name and he was under 18, then the credit agreement is invalid, unless you have signed it on his behalf. I would seek further advice as I would say the credit agreement is invalid making the debt unenforceable.

l14mlfc

michael1983l wrote: »

First of all debt collectors can't forceably take anything off you without a warrant of execution and a court order, so don't worry.

Secondly, if the account is in your sons name and he was under 18, then the credit agreement is invalid, unless you have signed it on his behalf. I would seek further advice as I would say the credit agreement is invalid making the debt unforceable.

Should I just ignore their letters then? Also could my son be charged with fraud or something along those lines? I'm not aware of the minimum age to be charged with a crime like that.

michael1983l

l14mlfc wrote: »

Should I just ignore their letters then? Also could my son be charged with fraud or something along those lines? I'm not aware of the minimum age to be charged with a crime like that.

I wouldn't just ignore it, I would send a letter asking for the signed credit agreement. I would also at this stage place the account into dispute on the grounds that it is an invalid credit agreement that was issued to a minor. If you have not signed to say that you accept the credit agreement, then you can argue that all of your payments to date were made as a gesture of goodwill, however the debt is unenforcable due to no adult signing the credit agreement.

l14mlfc

michael1983l wrote: »

I wouldn't just ignore it, I would send a letter asking for the signed credit agreement. I would also at this stage place the account into dispute on the grounds that it is an invalid credit agreement that was issued to a minor. If you have not signed to say that you accept the credit agreement, then you can argue that all of your payments to date were made as a gesture of goodwill, however the debt is unenforcable due to no adult signing the credit agreement.

Do you have any idea on how to put the account into dispute? Like I'm said I'm new to all this and have no idea where to start. Thanks for all your help.

michael1983l

Write a letter to both the collection agency and Jacamo stating your account number and that you wish to place the account into dispute. At this stage make it perfectly clear that they have issued a credit agreement to a minor and that the Consumer Credit Agreement cannot be valid in accordance with law. This is what CAB has to say on the issue

Are you under 18

Young people (minors) can't usually be taken to court for debt. This applies to young people aged under 18 in England, Wales and Northern Ireland and under 16 in Scotland.
This is because you can't be legally held to a contract you make when you are under age.
In Scotland, anyone who is 16 or older can be taken to court for a debt. However, if you sign an agreement when you're 16 or 17 and later think you shouldn't have signed it, you can apply to the court to have it set aside. You must do this before you turn 21, if you want to.
For more information about when young people are responsible for debts, see Young people – money and consumer rights.

Assuming you do not live in Scotland

As a parent you are not usually under any obligation to pay the debts of your child. However, if you acted as a guarantor for a contract they entered into, you will be responsible for any debts under the agreement.

I would pop into your local CAB for further advice.

l14mlfc

michael1983l wrote: »

Write a letter to both the collection agency and Jacamo stating your account number and that you wish to place the account into dispute. At this stage make it perfectly clear that they have issued a credit agreement to a minor and that the Consumer Credit Agreement cannot be valid in accordance with law. This is what CAB has to say on the issue



Assuming you do not live in Scotland



I would pop into your local CAB for further advice.

Thanks so much! You've lifted a great deal of pressure off my shoulders. So just to be clear, they can't forcefully take my possessions or anything along those lines?

michael1983l

l14mlfc wrote: »

Thanks so much! You've lifted a great deal of pressure off my shoulders. So just to be clear, they can't forcefully take my possessions or anything along those lines?

Not without a warrant of execution from the court. That still does not mean that you should open the door to any debt collectors, but you can stop them from visiting your premises by sending this letter to them

Dear Sirs,

Account No: 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. 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 digitally

l14mlfc

michael1983l wrote: »

Not without a warrant of execution from the court. That still does not mean that you should open the door to any debt collectors, but you can stop them from visiting your premises by sending this letter to them

Thanks!! Should I sign it with my name? Or should my son sign it because it's his account.

michael1983l

If the debt collectors are chasing you then you should sign it. If they are chasing your son, you should sign it as your sons legal guardian (assuming he is still under 18). If he is 18 or above and the letters are addressed to him then your son should sign it.


The biggest thing to remember is that providing the account has not been opened in your name or that you have not signed to be a guarantor on the account, then they cannot hold you legally responsible for the debt at all.

There is a small chance that your son could still be chased because it is for items of clothing, but I believe they could not get a CCJ against him because he is not old enough to enter into a contract(or was not old enough at the time).

l14mlfc

michael1983l wrote: »

If the debt collectors are chasing you then you should sign it. If they are chasing your son, you should sign it as your sons legal guardian (assuming he is still under 18). If he is 18 or above and the letters are addressed to him then your son should sign it.


The biggest thing to remember is that providing the account has not been opened in your name or that you have not signed to be a guarantor on the account, then they cannot hold you legally responsible for the debt at all.

There is a small chance that your son could still be chased because it is for items of clothing, but I believe they could not get a CCJ against him because he is not old enough to enter into a contract(or was not old enough at the time).

He's fifteen now so I don't think that's old enough, he was fourteen when he made the account. Like I said I'm willing to make a payment plan with Jacamo, just not with Reliable Collections.