Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I Cca'd Great Universal. They Have Not Passed Me To A debt collector, But Collect It Themselves (i cannot use the account as it is not in use they stopped it) They Have Been Since April 2000.
What I Wanted To Know Is What Do I Do As Ive Recieved A Letter From Them Regarding The Cca Request.
Dear Xxxxxx
We Refer To Your Letter Date 5th July 2007 And Now Enclose A True Copy Of Your Clients Agreement With Shop Direct Financial Services Limited (formely Gus Home Shopping Limited And Arg Eqation Limited) Trading As Great Universal.
The Account Was Opened On 15th April 2000 At Which Time You Agreed To Make Payments At The Rate Of 1/20th Of The Outstanding Balance Per Week.
The Outstanding Balance Is Currently £1993.85 And Payments Should Be Made At The Rate Of 1/20th Of The Outstanding Balance Per Week (currently £99.69 Per Week) Since The Account Was Opened, Payments Totaling £4837.47 Have Been Recieved.
We Look Forward To Recieving Confirmation That Liability For This Debt Is Not Disputed Together With Your Proposals For Payment Of The Outstanding Balance.
Yours Sincerely
?????
The Agreement I Got Back Is A Fold Up Yellow Leaflet Info Thingy Which Says, Your Credit Agreement With Us, On The Frontof It. They Have Filled In My Name And Address. Also..
Section 1..... Your Copy Please Sign And Keep
Section 2...... Please Complete, Sign And Return To Us.
I Dont Think So.
I Dont Have Date They Recieved Cca Letter As It Never Showed Up On R/mail Tracking, But They State In Letter To Me Above They Recieved It 5th July/07 Which Means They Are In Default (12 Days Gone). So Then They Have Till The 22/aug/07 Which Means There 30 Calender Days Is Up Doesnt It???
did they enclose an agreement? It's a pretty safe bet it's lacking prescribed terms, this company are notorious for it. Could you upload a copy of it so we can advise you further.
Ironically the document itself with regard to form and content as laid down by the Act and Regulations is pretty solid. Just one problem though, it in't signed by the debtor!
They are no doubt hiding behind the omission in the regulations that effectively allows them, when sending copies of agreements under s77-79 of the Act to omit the debtors signature.
However, based on this the debt is unenforcable. As a bare minimum as stated in s127(3) of the Act the agreement must contain all prescribed terms and be signed by the debtor. If it is not then any court/judge is precluded from making an enforcement order meaning the debt is legally unenforcable.
I would write back to them stating based on the information they sent you the debt is unenforcable for the reasons aformentioned. Tell them either they send you a copy of the original document which contains your signature (highly unlikely it exists) or they notify you in writing they have discharged the balance and will not pursue it any further.
Great Universal
, But Collect It Themselves (i cannot use the account as it is not in use they stopped it) They Have Been Since April 2000.
So Then They Have Till The 22/aug/07 Which Means There 30 Calender Days Is Up Doesnt It???
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Re: Great Universal
