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I had a so called friend who has ordered various things from variety of catalogues I have, she has always paid usually on time but just recently shes been really late with the payments I've pestered her and pestered her for the money and obviuosly now we have fell out because I feel shes been very selfish by putting me in a position where I have to pay, anyway to get to the point she now hasn't paid me at all and owes in total £400. Most of the goods including a monster fridge freezer went to her house. I've phoned the catalogue companies and they say its my responsibility. I noticed one reply to someone elses similar situiation where the catalogue company pursued the person themselves, why am I being told this system does not exsist? Should I go to a solicitor? Have I got a claim to go to small claims court? She went bankrupt 2 years prior too this!
You need to find out if the bankruptcy has been discharged. If so and she is not the subject of any bankruptcy restrictions, then yes, you can take her to court.
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If it is a mail order catalogue, that you keep around 10% commission on the goods sold and they pay over 20/40 weeks.... then provide the details to the Mail Order firm - you should not be expected to pursue these 'club' debts on your own.
hi no I don't keep 10 percent its additions and fashion world I guess that means I've got no hope through them and I will have to issue small claims if her bankruptcy has been discharged. looks like shes well and truely shafted me!
All that means is that their assistance will not be automatic (as it were). Why not write to them, listing the items she bough, total value, and the amount she has paid you. It doesn;t cost to ask, and they may offer assistance!
You need to find out if the bankruptcy has been discharged. If so and she is not the subject of any bankruptcy restrictions, then yes, you can take her to court.
Did she order the items through your catalogue with you acting as an agent for the catalogue so she was one of your customers. (But there was paperwork to prove this and that)
OR....
was it just a mates thing... she needed stuff and you said you can order if you pay me back with just a matey verbal agreement.. no witnesses, paperwork etc ??
I think if its the latter then yes, she has shafted you.
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I ordered some goods abour 10 years ago from a catalogue my ex had. When we split, he didnt hesitate in getting court action and not only that advised my work and got me to pay via my salary!
So the answer is "yes" regardless of whether you have a verbal or written agreement you can get the money back.
I had someone do this to me when I was 18, I gave all the details and the address of that person to the catalogue company. She never paid them so she had to pay a debt collection agency.
So I have been on th receiving end and on being on the shafted end and both times its been sorted out.
Just contact the company involved. with some they will send a form for you to fill in and return. others will want written confirmation of who, where, what, when etc. you may find that they will fob you off and still try to get you to pay as you are the agent, because there are terms in your contract as an agent which state that you are responsible for the items and payments until it is paid for in full ( or words to that effect ).
I know this because a relative of mine has just gone through all of this, and after nine months, they finally excepted that it was the customers fault, but they had in the meantime added x amount of pounds to the account, which she is still trying to get refunded.
The following is copied from a catalogue t's & c's
Key Financial Information
1. Credit Limit – We will periodically fix the credit limit and notify you of it.
2. Repayments – YOU will be sent a statement every 28 days giving details of all transactions on YOUR account during the period since your last statement or, if there has been no previous statement, the opening of your account. The first payment will become due 21 days after the date of your first statement, and all subsequent payments will be due 21 days after the date of the statement on which they appear. The due date will be shown on each statement. The cost of all goods purchased using the account may be repaid over 20 weeks. In addition, the option of repaying over 52 weeks may apply to selected goods as notified to you from time to time. YOU must make a minimum payment every 4 weeks. This minimum payment will be shown on each statement. It will be the total of the minimum payment applicable to all items purchased over 20 weeks and the individual minimum payments applicable to all items purchased over 52 weeks plus the total of any service charges (such as express delivery charges. Paypoint charges, insurance premiums and any other administration or default charges described below) charged to your account in that statement period.. We calculate the minimum payment applicable to items bought over 20 weeks differently to the minimum payment for items bought over 52 weeks. For the first item purchased over 20 weeks the minimum payment will be the price of that item charged to the account divided by 5. Whenever you purchase another item over 20 weeks the price of that item will be added to your outstanding balance for items purchased over 20 weeks and the minimum payment in respect of all items purchased over 20 weeks will then be that new balance divided by 5. For all items purchased over 52 weeks the minimum payment will be the cash price of that item divided by 13. If you wish you may pay weekly. If you do so the total payments made by you in each 4 week period, ending on the date on which the minimum payment shown on your statement is due, must at least equal that minimum payment.
If you use the account to purchase certain items we may ask you to make an additional payment in relation to that item. If this requirement applies we will determine and notify you of the amount and timing of the payment when you order the item
3. APR 0%
Other Financial Information
1. Total charge for credit £0.
2. Rate of interest– Purchases on this account are interest free i.e. the rate of interest is fixed at 0%.
3. Allocation of payments - Any payments made under this agreement will be applied in the following order. We may change this order for specific promotions, and if we do so we will tell you when we give you details of the promotion:
- Payment Protection Insurance premiums and then other insurance premiums (including, first, any arrears).
- Default charges and then any other charges (including, first, any arrears).
- Other arrears.
- Payment due on 20 week purchases.
- Payment due on 52 week purchases.
- Reducing the outstanding balance on 20 week purchases.
- Reducing the outstanding balance on 52 week purchases.
Key Information
Default Charges - Charges are payable by you in respect of the following matters:
You fail to make at least the minimum payment by the payment due date
Any cheque, direct debit or other item for payment into your account that is unpaid or dishonoured
Temporary payment arrangement letter fee
Transfer of your debt to a debt collection agency
Any court fees & costs incurred by us in pursuit of arrears
We reserve the right to vary these charges (or introduce new charges) at any time in accordance with clause 11. Details of up to date charges in relation to each of these matters are available from us.
Missing Payments
Missing payments could have severe consequences and make obtaining credit more difficult.
Important - Read This Carefully to Find Out About Your Rights
The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement without getting a court order.
The Act also gives you a number of rights:
1) You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement.
2) If you received unsatisfactory goods or services paid for under this agreement you may have a right to sue the supplier, us or both.
3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us. If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.
Further terms and conditions
1. The credit under this agreement is to be used by you to purchase goods/services from retailers, outlets and brands agreed by us from time to time. We may debit your account on each occasion upon which you provide us with authority to do so, including verbal authority.
2. Purchases made on Buy Now Pay Later promotions will be charged to your account in full on the last statement before the first day of the month specified in the promotion. Once the Buy Now Pay Later transaction is charged to your account it will be shown as part of the current balance and will become liable for payment. Amounts owing under Buy Now Pay Later but not yet charged to your account will be deducted from your credit limit when we calculate the amount you have left to spend. The amount of credit available to you in relation to your account will be reduced accordingly.
3. We may, subject to any statutory notice period, demand from you immediate payment of the full outstanding balance if you fail to make any payment owing under this agreement by its due date, if you fail to pay any other sums due from you to us within any grace period to which you are entitled, if you fail to comply with any other terms or conditions of this agreement, if we suspect fraud or unlawful use of the account or if any information you provide to us in connection to the account is inaccurate. The outstanding balance for all purposes of this agreement will include all sums then due on the account together with all amounts due to be charged to your account at any time in the future. We may close your account immediately, and without notice, if you fail to comply with any terms or conditions of this agreement.
Please note that although my advice is offered, you should consult your legal representative before taking ANY action.
No, but an undischarged bankrupt commits an offence if he/she enters into any form of credit agreement
I don't think this would ever become an issue. Especially as Registry Trust will have flagged their credit file with the data, the issue wouldn't be that they took out a credit agreement whilst in bankrupcy, but that a lender had such lax proceedures that it was allowed to happen. In the OPs case, 'catalogue' sales appear to operate in a grey area anyway.
friend won't pay catalogue what shall I do?
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I guess that means I've got no hope through them and I will have to issue small claims if her bankruptcy has been discharged. looks like shes well and truely shafted me!
Originally Posted by Conniff
