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gressfjell

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  1. Thanks for your reply Martin - no worries re merge, I hadn't had reply and wondered if I had posted in wrong place so tried Debt forum as well lol! It's still with Reliable at moment and my last payment was made last year, around August I think. I've not tried to get hold of any data regarding agreeing - would I CCA them for this? It's mad because I just thought I was ordering as normal online, paying by card as you do. I didn't apply for credit at all so they must have sneaked it in somewhere during the order process about opening an account. To anyone paying by card upfront with no intention of applying for credit, that would slip by very easily. To me this situation is a bit like a recovered alcoholic who has been clean for 10 years going into a pub, buying an orange juice because he knows how he is with alcohol - it's a dangerous path to take. Then a couple of days later, he gets a voucher in the post from the pub, not something he asked for or applied for, for unlimited free alcoholic drinks for life, because he bought the orange juice. Now that former alcoholic may not touch the voucher for weeks, months, years, but as soon as he hits a tough spot in his life he is likely to make use of that voucher. To my mind that alcoholic has already taken responsibility for his tendency to be tempted by initially ordering an orange juice (like I did when I paid upfront) and so the actions of the pub (and my catalogue) are unsolicited and ought to be viewed as sinister and exploitative. How can a person ever overcome their issues with compulsive debting/using credit when there are companies around that seem to be legally allowed to hand out credit even when a person hasn't applied for it. There was a very good reason why I didn't apply for it and I'm sure I'm not alone in my experience. Maybe I should have been stronger, but it just seems wrong, somehow. Sorry for long post lol. it's an issue that's been on my mind for a while and I wonder if the courts should take a look at catalogues who do this. My mother and grandmother used catalogues for years and I'd never heard of a company that automatically gave you a credit account without you asking for it, hence why i figured paying upfront would be the end of it!
  2. Thought I'd best post a new thread about this, instead of hijacking someone elses lol! Here's my story... In 2008 I bought goods from JD Williams because I was going abroad for a few months and paid upfront with my debit card. No mention of credit agreement when I ordered, and I certainly didn't ask or apply for one. Whilst abroad my mum told me that I had letters back home to say that I had been given a credit limit with them. That I hadn't asked for! Fair enough, I said, though I didn't plan to use it as I learnt my lesson a decade earlier, in my early twenties, with store card debt. So I didn't think any more of it. Well whilst abroad I went through a bad break up with my then boyfriend, and before I got back I also had experienced a traumatic physical injury. Feeling pretty crappy, possibly the lowest point of my life for some time, I decided to 'treat myself' to some nice new clothes using the credit that had erstwhile sat there unused for several months. After all, it can't hurt right.......?! Fast forward to 2010 and as quickly as I was paying off the limit I had, they were putting it up. It started at just £150 and was over 2,000 by last year. At one point I was paying them £150 a month just to try to pay it off but the interest kept accruing. I've probably long paid off the goods amount that I owe. Anyway I am now in 2,250 debt to them, and they are trying to get repayments. I know what I'm like when it comes to store credit - I spend it - hence why I didn't ask for credit and paid upfront for the goods. I was fine for ages but then had a little vulnerability/crisis in my life and bang they had me by the short and curlies. Personally I think it should be illegal. They have effectively committed fraud by opening a credit account without my knowledge. There was honestly no mention at the time I paid for the goods, I wouldn't have done it otherwise. I just thought I was ordering from a mail order catalogue and since I was paying upfront, a credit account wouldn't be part of the scenario at all. No other mail order catalogue has ever done this. Yes I shouldn't have ordered anything from them later on, on credit, but it's human nature to do that really, and these sick companies prey on human nature. If I had asked for credit then I would take responsibility but I didn't even ask for it in the first place, and feel positively shafted. What can I do, if anything?? Can they really pursue me for a debt that I never applied for in the first place?
  3. Thought I'd best post a new thread about this, instead of hijacking someone elses lol! Here's my story... In 2008 I bought goods from JD Williams because I was going abroad for a few months and paid upfront. No mention of credit agreement when I ordered, and I certainly didn't ask for one. Whilst abroad my mum told me that I had letters back home to say that I had been given a credit limit with them. That I hadn't asked for! Fair enough, I said, though I didn't plan to use it as I learnt my lesson a decade earlier, in my early twenties, with store card debt. So I didn't think any more of it. Well whilst abroad I went through a bad break up with my then boyfriend, and before I got back I also had experienced a traumatic physical injury. Feeling pretty crappy, possibly the lowest point of my life for some time, I decided to 'treat myself' to some nice new clothes using the credit that had erstwhile sat there unused for several months. After all, it can't hurt right? Fast forward to 2010 and as quickly as I was paying off the limit I had, they were putting it up. It started at just £150 and was over 2,000 by last year. At one point I was paying them £150 a month just to try to pay it off but the interest kept accruing. Anyway I am now in 2,250 debt to them, and they are trying to get repayments. My query is - I know what I'm like when it comes to store credit, hence why I didn't ask for credit and paid upfront for the goods. I was fine for ages but then a little vulnerability/crisis in my life and bang they had me by the short and curlies. Personally I think it should be illegal. They have effectively committed fraud by opening a credit account without my knowledge. There was honestly no mention at the time I paid for the goods, I wouldn't have done it otherwise. Yes I shouldn't have ordered anything from them but it's human nature to do that and these sick companies prey on human nature. If I had asked for credit then I would take responsibility but I didn't even ask for it in the first place, and feel positively shafted. What can I do, if anything??
  4. This is a problem I have. In 2008 I bought goods from them because I was going abroad for a few months and paid upfront. No mention of credit agreement and I certainly didn't ask for one. Whilst abroad my mum told me that I had letters back home to say that I had a credit limit with them. That I hadn't asked for! Fair enough, I said, though I didn't plan to use it as I learnt my lesson a decade earlier, in my early twenties, with store card debt. Well whilst abroad I went through a bad break up with my then boyfriend and before I got back I also had experienced a traumatic phsycial injury. I decided to 'treat myself' to some nice new clothes using the credit, after all, it can't hurt right? Fast forward to 2010 and as quickly as I was paying off the limit I had, they were putting it up. It started at just £150 and was over 2,000 by last year. At one point I was paying them £150 a month just to try to pay it off but the interest kept accruing. Anyway I am now in 2,250 debt to them and they are trying to get repayments. My query is - I know what I'm like when it comes to store credit, hence why I didn't ask for credit and paid upfront for the goods. I was fine for ages but then a little vulnerability/crisis in my life and bang they had me by the short and curlies. Personally I think it should be illegal. They have effectively committed fraud by opening a credit account without my knowledge. There was honestly no mention at the time I paid for the goods, I wouldn't have done it otherwise. Yes I shouldn't have ordered anything from them but it's human nature to do that and these sick companies prey on human nature. If I had asked for credit then I would take responsibility but I didn't even ask for it in the first place, and feel positively shafted. What can I do, if anything??
  5. Found something interesting on the subject of 'estopple' which may apply, especially to large public sector companies who consistently pay people incorrectly. Read this link first in which a lawyer advises an overpaid Royal Mail employee I have been overpaid earnings by my employer Roy... - JustAnswer And then this one: Estopple legal definition of Estopple. Estopple synonyms by the Free Online Law Dictionary. Could work! =)
  6. I personally think that overpaying an employee and then expecting repayments from them over a long period of time even into their future jobs is nothing short of modern day tyranny, something which should have gone out with the Sheriff of Nottingham... Should they even be in business at all if they are so bad at looking after their bottom line? At what point do employers take responsibility for being so incompetent with their finances? Or is keeping employees in debt to them against their will over a long period of time (years in many cases...) a way of maintaining a regular income for themselves?! Think about it - the big companies must have a fair number of employees in debt to them through overpayment in any one year, they do it to at least one person per year and very few people can afford to pay it back in one go. So there are thousands of workers across this country, indeed this world, walking round for months and years with a debt round their necks, often complete with CCJ, that somebody else's incompetence gave them! That's a lovely long term income for a badly run business isn't it! Forgive me for being cynical but the hardship of the average blue chip company through overpayment is relatively shortlived compared to that of the average employee. I feel that the law ought to be changed so that employers can only reclaim a certain percentage back (say 50%) and carry some of the legal and financial burden that they expect employees to carry. I bet we'll soon see a sharp drop in the number of employers making 'accidental' overpayments.....
  7. Unfortunately pt2537 I think Aaron M is right: Read Sections 13 and 14 of your Law entry again. I just copied and pasted it here: "(Section)13. Right not to suffer unauthorised deductions..... ........ (Section)14. Excepted deductions. (1) Section 13 does not apply to a deduction from a worker’s wages made by his employer where the purpose of the deduction is the reimbursement of the employer in respect of— (a) an overpayment of wages, or (b) an overpayment in respect of expenses incurred by the worker in carrying out his employment," As you may guess I too am going through an overpayment issue from a couple of years ago when I was paid long term sick pay for a month or two longer than I should have been. Months prior to that they did the same thing and are now expecting me to repay the whole £2000! Look, I was ill at the time, I was far more concerned with keeping a roof over my head and recovering than being my company's payroll department's mother making sure they were doing the job they get paid to do. I just think they have a cheek and need to take responsibility for their own mistakes. They have put someone into debt against their will, someone who assumed they knew what they were doing. Like I said, change the law to limit the amount of overpayments they can reclaim and they'll soon stop messing up!
  8. I personally think that overpaying an employee and then expecting repayments from them over a long period of time even into their future jobs is nothing short of modern day tyranny, something which should have gone out with the Sheriff of Nottingham... Should they even be in business at all if they are so bad at looking after their bottom line? At what point do employers take responsibility for being so incompetent with their finances? Or is keeping employees in debt to them against their will over a long period of time (years in many cases...) a way of maintaining a regular income for themselves?! Think about it - the big companies must have a fair number of employees in debt to them through overpayment in any one year, they do it to at least one person per year and very few people can afford to pay it back in one go. So there are thousands of workers across this country, indeed this world, walking round for months and years with a debt round their necks, often complete with CCJ, that somebody else's incompetence gave them! That's a lovely long term income for a badly run business isn't it! Forgive me for being cynical but the hardship of the average blue chip company through overpayment is relatively shortlived compared to that of the average employee. I feel that the law ought to be changed so that employers can only reclaim a certain percentage back (say 50%) and carry some of the legal and financial burden that they expect employees to carry. I bet we'll soon see a sharp drop in the number of employers making 'accidental' overpayments.....
  9. I have just had an email from consumer direct telling me that the company have an enforceable contract with me because I failed to cancel before the end of the trial period? Have they actually READ the terms and conditions, it's like they make them up as they go along!!! No wonder they moved to flippin gloucester, the trading standards department are obviously a bit thick there! They advise me to 'plead' my case with the Streamline management!!!! Help anyone please? :eek::eek:
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