missing goods and credit agreement

[brooklyn]

hello out there,

i hope someone can help. a few months ago my husband orderd a laptop through a comet call center, we used my card to pay a deposit. the paperwork (credit agrrement) came and was incorrect and in my name so sent it back again it was incorrect sent it back then comet phoned me and said they did not recieve it. i was that fed up i said just forget it we'll go elsewhere. yesterday (several months after the last comunication with) them i received a edge account with the balance plus interest on so i called and explained the situation but was told the account has to be paid. my response was that i never had anything from them it was one big cock up, i was then told as far as they were concerned the laptop was deliverd and the debt is mine to pay. i have not had any such delivery nor signed for it but according to comet someone has signed for the delivery and once the item leaves comet it is not their resposibility its mine. i have asked how the account could be opened and was told the credit agreement must have been prossessed so i requested a copy of the agreement but the lady i spoke to said that comet do not have it nor copies and said the finance company ge capital have it. i then contacted ge capital and they have no such agreement and have no idea how an account was set up without it. ge were very helpfull and said to go to a local store (as the order was done through a call center) and they will confirm to a manager that there is no such agreement. if comet have no agreement and ge capital have no agreement and i have not received anything why am i being told by a manager at comet call center that because it was deliverd and signed for i have to pay. the chap at my local store is still trying to sort it out for me but with no promises. another store manager which was the first port of call flatly refused to help.

[pudsters14]

Good Luck Brooklyn, i'm subscribed!

Pudsters14
x x x x x x x

[Bookworm]

Easy enough.

You need to send this letter to GE Capital.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

This is the letter usually used for DCAs that have purchased a debt, but I think it it perfectly valid here, where GE tells you they don't have the paperwork, It puts the onus on THEM, not you.

What about your deposit? Did you get that back when you cancelled? I'd be very careful that they don't try to help themselves directly from your card, yes, they're not supposed to, and they shouldn't have kept the details, but let's face it, this forum is full of people to whom it "shouldn't" have happened and yet did... Might be a good idea to cancel your card and get it replaced, just in case.

Let us know how you get on.

[brooklyn]

Hello Bookworm,

Thanks so much for your advice hadn't considered them using my card to obtain the funds. I did pay a deposit by card and as yet comet have not had it refunded, GE cannot understand how an account has been set up by comet as they have never had any documents from comet nor confirmed to comet to proceed with anything.
I have never had to deal with anything like this and the simple mention of their legal team dealing with it just made me panic.
I will send the letter tommorrow by recorded delivery and let you know how it goes.

Many thanks from a not so panicked brooklyn.

[brooklyn]

Hello again,

Just thought i'd let you know I sent letters to G.E Money and I also sent one to comet as they're trying to make me pay them. Both were sent recorded delivery with a £1 postal order in both I also stated that it was to be used as stated and not to be deducted from bill. ( I saw that somewhere else on the site) according to the track and trace comet had there's today.

How long should I wait for a reply and should I talk to them if they phone again?

The manager of the local store that I was dealing with has been told in no uncertain terms to bow out by his boss's and not to talk with me further on the matter as there lagal team is dealing with it. I was told that the name that signed for it was my sons but they wouldn't give me a delivery date and comet also said they would send a copy of this to me but i've not received it, my son has not signed for anything and i'm concerned someone else might have signed his name, in short I have some very undesirable neighbours and the teenage lad is in and out of prison for car theft and burgulary as well as assults etc.( i'm not saying its them but its possible) Should I report this to anyone else or just wait for my reply?

This site is fantastic it has really empowered me. There must be so many people taken advantage of and they just accept things and pay up as I have always done. I'm doing my research and am no longer going to be a victim.

[brooklyn]

Hello anybody there?

Well I've had a letter back from comet today, its quoted below;

RE Laptop Account xxxx xxxx xxxx xxxx

I refer to previous correspondence and contact, in particular to your letter dated 11 June 2007.

The existence or otherwise of a credit agreement is a matter for GE Money with whom I am currently pusuing enquiries. I shall ask them to respond direct to yourself in regard to your enquiry.

Yours sincerely,

xxxxxxxxx
Team manager,stock Audit

A copy of the letter was sent direct to comet and to GE Money both my contained £1. postal orders.
What do I do now? there is no mention of my deposit being refunded which was payed direct to comet by card, it is comet that has been phoning me demanding payment (not since they received the letter though).
I have still not had the proof of delivery which the same lady said she was sending out.
Do I write and request my money back and who do I ask for it? it seems they are just passing the buck. They have kept the postal order and not sent requested documents, should I ask for that back too?

Any suggestions please???
Brooklyn.

[brooklyn]

Hi Again,

I have drafted a response to comet and have put it below but I'm not very good at this sort of thing can anyone give their oppinion please? I've also posted on my other thread in the general debt section in, no credit agreement ( which is pretty much the same but seemed relevant there too).

With reference to your letter dated 20/06/07. As I have previously explained several times in previous correspondence, the order of the item in question was cancelled but my payment of £110 which was paid in February has still not yet been refunded. This payment was made to Comet and as such should be comet that refunds it.

With reference to the alleged existence of a credit agreement. I wrote to you on 11/06/07 requesting a true, signed copy of any credit agreement that you allege exists in relation to the above account. This is my right under sections 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence. The first of these deadlines has already passed and I have received nothing in relation to my request.


I have used bits from sugesstions made to me on this site and have used other parts from threads i've read on this site.

Should I send this?

Regards Brooklyn.

[shaniannie]

I have been reading, and although don't know a lot of the technicalities in your case, perhaps you should make it clear in that letter above that aswell as the fact you cancelled the order you also did not receive any item to pay for.

I hope you get a good result from this!

[brooklyn]

Hi Shaniannie,

I have done this preiously but its a good point they have not addressed this fact as yet in writing. thank you.

Brooklyn.

[brooklyn]

Hello again,

Well things just keep getting better NOT! I have received another letter today from GE Money, according to their records my payment has not been received BLAR! BLAR! BLAR! please pay immeadiately, also a monthly statement has been sent with; "Pevious balance £1050.94" (which is not the amount it should have been if the purchase had gone ahead).Then there is "New Debits this month (includes purchases) £20.05". (I'm assuming this is a charge for non payment) "New balance £1070.99".Just to rub it in they have requested I don't use my card to avoid the embarrassment of it being refused. I have never had a card nor do I want one and I didn't want the account in the first place either.:o

I couldn't help it I had to call. They confirmed again that no agreement had been received and the account should not have been set up, they also confirmed the lady from Comet had called them on the 20th June to ask for a copy of the agreement and she has been told there isn't one and has been refered to another department. She has not been in touch with them since, (so much for her saying in her last letter to me that she was pursuing enquiries with GE Money).The nice lady I spoke to has told me she is putting the account on hold because of the dispute, I won't hold my breath.

I have still not had a response to my request for a copy of the alleged agreement and statement of account from Comet or GE Money.

I'm going to do another letter to GE Money. All I can think of is BLOODY SORT IT OUT. Any other suggestions?

[brooklyn]

Hello Again,

I've sent this letter (below) to GE Money in response to their demand for payment.


Re: − Account/Reference Number xxxx xxxx xxxx xxxx.

Dear Sirs.


With reference to your letter dated 29/06/07 and also statement dated 28/06/07.I have tried to resolve this problem in previous correspondence with GE Money and with Comet but have not been able to. I sent a letter to GE Money cc: Comet on the 11/06/07. I have had no response from GE Money. The response I had from xxxx xxxxx at Comet was; I quote.

RE: Laptop Account ref xxxx xxxx xxxx xxxx

“I refer to previous correspondence and contact, in particular to your letter dated 11 June 2007.

The existence or otherwise of a credit agreement is a matter for GE Money with whom I am currently pursuing enquiries. I shall ask them to respond direct to yourself in regard to your enquiry.

Yours sincerely,

xxxxxxxxxxx


I will be notifying the relevant statutory authorities of Comets non compliance.

With reference to the alleged existence of a credit agreement. As stated above I wrote to GE Money and Comet on 11/06/07 requesting a true, signed copy of any credit agreement that you allege exists in relation to the above account. This is my right under sections 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence.

The first of these deadlines has already passed and I have received nothing in relation to my request. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

I was informed by xxx at G.E Money on 06/06/07 that no such agreement exists and he could not explain how such an account was opened. This was also confirmed to me again today (03/07/07) by xxxx xxxx in the collections department, that GE Money have not got such an agreement and she too could not understand how such an account was set up without a agreement. xxxx also confirmed that xxxxx xxxxx had been in touch with yourselves on 20/06/07 and had been told the same thing i.e. that there is no agreement.


I would like to point out that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement and the fact that the order was cancelled with Comet and no goods have ever been received is a clear dispute and therefore the following applies;

• You may not demand any payment on this account, nor am I obliged to offer any payment to you.
• You may not add any further interest or charges to this account.
• You may not pass this account to any third party.
• You may not register any further information in respect of this account with any of the credit reference agencies.

As there is no signed agreement you are not permitted to process any of my information, to do so is a serious breach of the Data Protection Act 1998.



I look forward to hearing from you with respect to this complaint and
your proposed actions in relation to the lack of a credit agreement.

Yours Faithfully,

Brooklyn.

I used bits from other threads on this site, many thanks to those concerned I couldn't of done it without this site.

I have checked my bank ac today and guess what? a payment has gone in for £110 from Comet (my deposit). I have had no writen confirmation or apology from them and I'm still being chased by GE Money but it seems Comet have by doing this admitted they are in the wrong.


Thanks for all your advice so far.

Brooklyn.

[reidnet]

GE are a total Nightmare to try and deal with, Even in your case where there have admitted on several occasions that no agreement has ever been set up, they still mess you about.

This outfit are just a law unto themselves, or they seem to think they are , I would also advise you to send a complaint regarding GE to the FSA.

Dont expect a prompt reply from GE, they dont know the meaning of that word along with a lot more I could mention, like Customer care, Treating Customers Fairly etc etc.

Good luck getting it sorted with them.

Ian

[brooklyn]

Hello Again,

I've received a letter from Comet (below)

RE Laptop: account ref xxxx xxxx xxxx xxxx


I refer to your letter dated 2nd July 2007. As you already know we have no copy of any credit agreement. The creditor is GE Money.

I have contacted GE Money, and they have confirmed to me that they also have no such agreement.

I have therefore arranged for a refund of your deposit payment of £110 a copy of which the receipt is enclosed.


Yours sincerely,

xxxxxxxx

I have still not had any response from GE Money. My original request was sent on the 11/06/07 and my last letter to them which is posted higher up this thread was sent on the 03/07/07, both letters have been received by GE Money and signed for.

There time is nearly up, what should I do if I have no response from them?

Brooklyn.

[brooklyn]

Hello again,

well I've returned from my holiday to find a statement from Edge account showing a full refund made by Comet ( hooray!) but it says I still have "available to spend £1,150.00. I also have another letter sent 3 days after from G.E Money as follows;

Comet account xxxx xxxx xxxx xxxx

Thank you for your letter dated 3rd July 2007. Please accept my apologies for the delay in responding.

I can confirm that the entry on your credit file relating to the above account has now been deleted.

Please accept my apologies for any inconvenience this may have caused.

yours sincerely

xxxxxxxxxxx

Should I check the account has been closed or is this letter enough, I'm just wondering as it shows an available to spend on the statement.

Many thanks to all who have helped.

Brooklyn.