The following is just to give you the history of my problem:

My Choice catalogue balance in Dec 2003 stood at £798.96.

On 7th January 2004 I made a payment of £701.00 by cheque (which was written by Welcome Finance).

On my Choice statement dated 12th January 2004, I noticed the ‘payment received’ was entered as £7.01 and not £701.00 as actually sent. £693.99 was not credited to my account.

I made several phone calls to choice regarding this ‘missing’ money, they always told me they would look into it.

They then started asking me for proof that the cheque was written for this amount and told me I needed to provide copies of the cheque.

GREAT! I thought problem solved. How wrong was I??

They denied receiving my letters. So I would send them recorded and again they would either deny receiving them, or tell me they were in the system and could take a few weeks to reach the intended department.

Anyway, after receiving correspondence from Nationwide Debt Recovery, and now GCC Debt Recovery the problem still remains unsolved.

In November 2005, I sent an 8 page document proving that the money had been taken from Welcome Finance’s bank account. I asked them in my letter to confirm receipt, they never did, and when I contacted them they told me they never received the letter. So it was sent again in January 2006 via recorded delivery, I am still awaiting a reply.

The documents stated the money was in an Inter Bank Settlement Account within the RBS. They also state the reference code that the money can be found under on their statement.

In May 2004, my statement balance with Choice stood at £1262.22. (This included some buy now pay later items)

With this in mind I deducted the £693.99 which would leave my balance at £568.23 which I totally accept responsibility for.

GCC have recently sent me a letter saying I owe £1774.76, so if I deduct the £693.99 and the £568.23 this leaves a balance of £512.54 in charges.

I have written to them saying I will pay £40 per month off the £568.23 which they have told me via phone (on 10/3/06) is not acceptable. The gentleman (I use this term very loosely!) on the phone was quite rude to me, and I was very quick to point out that had it not been for the incompetence of the data entry clerk then I wouldn’t be in this situation now.

I contacted them again today about this, they have finally agreed that the £693.99 has been received and they have deducted this from my account and will confirm this in writing. They say my balance is now £1080.00!!!! I have told them that I am not willing to pay this amount, I am only prepared to pay the £568.23, and will not pay the charges that have been applied.

Again, I have to battle with them to get this sorted.

Can anyone offer any advice to help me deal with these people.

Charges resulting from their mistake aren't valid. If you can prove you send a cheque for a particular amount which has not been correctly credited to their account despite being honoured by the bank, and they have charged interest on the wrong sum or late payment charges, these charges CANNOT stand.

Sounds like you're handling it fine so far. From what you've written in this post, you're doing the right thing; sticking to your guns, providing information and keeping copies of everything.

You aren't liable for sums resulting from their mistake. Be firm - tell them that if they are that sure of their position, you await court papers, but that you will counter-claim for the time and trouble you've been put to (put an hourly rate on it) if they pursue this line.

Get hold of a telephone recording device (try http://maplin.co.uk search code MU66W) and record calls (remember to warn them you're doing so) - if they say something which gives you an advantage, make a note of the time and date and don't hesitate to remind them.

They can't harass you for money you don't owe in ANY form, even if its interest or late payment charges.

Did you ever sign a consumer credit agreement and send it to them. Most catalogue company debts are unenforeceable because they don't demand a signed agreement.

Did you ever sign a consumer credit agreement and send it to them. Most catalogue company debts are unenforeceable because they don't demand a signed agreement.

Thanks for your reply, I am going to send them the following letter,

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 full statement of account. I enclose a £1 cheque in payment of the statutory fee, Cheque Serial Number xxxxxx.

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.

I think its time to let them know that I wont take this lying down!!!

Must admit I have gained alot of confidence using this site and also MSE website. I probably would have let them back (the old) me into a corner before discovering you people!!!

Good for you, let us know how you get on!

Hey everyone,

Can anybody tell me GCC Debt recovery phone number???? i was in debt with them a few years ago due to a catalogue and have been £20 a month direct debit to them and i dont receieve any statements to say what my remaining balance is or anything. i dont even know if they have my address. i need to get in touch with them. i would be grateful if sumbody cud tellme how. thanks:D

These accounts have been opened yet no signed credit agreement.

They have now registered defaults against my name. I have requested an original copy of THE SIGNED AGREEMENT but yet nothing.

Please see below a letter i have sent.

PLEASE NOTE I ONLY PAID THESE AS I THOUGHT IT WOULD HELP. I WAS ONLY AWARE OF THIS AS THEY PUT THE DEFAULTS ON!

I requested a copy of my original signed credit agreement

> from these people, yet i have not recieved anything.

>

> These companies are a fraud they all trade under different names and

> pretend that they are not linked in anyway. One sells the debt to

> another yet some have the same account/sort code numbers.

>

> I need help to get this sorted out as this shouldn't be allowed to

> happen. These people shouldn't be able to open a credit account

> WITHOUT providing the relevant credit agreement. This is a FRAUD!

>

> I am again going to write to these people as it is a fraud. THIS

> SHOULDN't BE ALLOWED TO HAPPEN.

>

> I AM WRITING TO THE FINANCIAL OMBUDSMAN AS THIS IS AFFECTING MY LIFE

> LET ALONE MY CREDIT SCORE/HISTORY.

>

> SOMETHING NEEDS TO BE DONE!

>

> I will write to all concerned again:

>

> 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 full statement of account.

>

> 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.

HELP ME AS I NEED TO TAKE THESE PEOPLE TO COURT AS OBTAINING CREDIT IS IMPOSSIBLE AT THE MOMENT. I THOUGHT IF I PAID THEM WHICH I HAVE DONE IT WOULD HELP ME OBTAIN CREDIT AS IT SAYS SATISFIED ON MY ACCOUNT.

THESE PEOPLE ARE A FRAUD BE AWARE.

Hi all,

I'm in process of trying to sort out a similar mess with GCC for my mum, we sent the CCA request going back to 19/10 and only today received a blank credit agreement, well I say blank, it has the date mum opened the account (1986) but no signature on and they state the account is no longer in dispute and they expect her payments to resume immediately!!!!

Surely this is not good enough and we can pursue further, any advice???

Sorry for hijacking by the way!

Their listing on UKData says they're a "non-trading company" i.e no longer in business. They've not filed accounts since the end of April last year so their threats would seem to be empty as they're no longer trading themselves.

Maybe the Citizens' Advice Bureaux would help further?

This topic was closed on 03/07/19.

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