Great Universal

**bazak1** · 24th November 2007 22:40

hi friends,
this is a bit of help for a family member.

She runs the club, and has done for approx 15 years, and has never been behind with a payment, EVER.

now, another family member who was a customer of hers has moved away ( due to a marriage break up icon

), has refused to pay what she owes directly to the agent, and asked for her name to be sent directly to the catalogue office.
the agent has done this, completing the neccessary information explaining what she owes, catalogue numbers, old and new addresses, dates of birth, exact problems for non-payment etc.

She has today received a letter from G U stating that all this information is not enough and that the agent is fully responsible for the WHOLE balance on the account, and that means she will have to pay the missing customers payments herself including charges.

I run a Littlewood catalogue myself and dont believe that this is true.

Can anyone advise ?.

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10110001 · 25th November 2007 00:35

If you (the agent) is a del credere then you are liable for payment of goods to the supplier.

If the absent family member bought the goods under a contract between them and the supplier company then you have no liability.

You can decline payment of their charges under Rule 1(e) of Regulation 5(5) of the UTCCR's 1999 if they are trying to compensate themselves disproportionately.

**bazak1** · 27th November 2007 19:48

thanks 10110001.
i understand that the "agent" is supposed to get the customer to fill in a form confirming their age, and ability to pay etc, but in all my years of running a catalogue, i have only just had this brought to my attention when my family member phoned their club and was told.
i wonder how many more people actually knew this ?

10110001 · 27th November 2007 20:44

I have never been involved in networked catalogue shopping. Its common knowledge that companies operating trading schemes with work-from-home agents pass the burden of risk to the consumer. It doesn't matter if the consumer onward-sells the goods and the buyer rengeges on payment. The agent is liable to the creditor.

The jury is out on one aspect of such schemes. Most consumers sign a consumer credit agreement which is regulated by the Consumer Credit Act 1974. Goods bought under the agreement cannot be re-sold because they belong to the creditor until paid.

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