Re: Avon Cosmetics

[katnkaleb]

I too have this problem with Avon and have just got off the phone to them. I worked for them in 2006 and I sent a chq as full payment and a letter advising I no longer wished to work for them due to full time employment before I moved address. I updated my address on the electoral register but did not think to update Avon as as far as I was concerned my dealings with them were over. I had problems obtaining credit this year and after checking my credit file found Avon defaulted me in August 2006. I called them as soon as I found out in March but they were reluctant to remove the default upon full payment of £172 (£70 of which were charges). I paid £50 only and thought it best to seek advice. After finding tons of advice to get this removed I have just called them. The first agent in collection was totally unhelpful and wouldn't listen so I requested a manager. I spoke with Anita (team supervisor) who agreed to send out a copy of my agreement and statement of charges. After a lot of mumbling and holds she gave me the big speech on being exempt from CCA1984 and so could not send a copy of the Default notice and admitted that one was never issued to me only a default warning was issued.She claimed that they do not have to because the statement clearly states that I have 21days to pay. (What a load of old s***) even she knew she didn't know what she was speaking about. To make things worse they still had not updated my address from my call to them in March and insisted that I had not told them (I 100& did). I asked them to listen to the call but apparantly they do not have a recording although all their calls are recorded. I asked them how long they keep recorded calls for and again she had no clue so just said 'there isn't a prticular time). So how she knew she did not have that one I do not know as she said she could clearly see that I had called that day. I am stuck now for what 2 do next. I plan to wait for the information she agreed to send (no charge of £1 was requested but the call was recorded) and then I will call them back to ask how they are legally allowed to default me without a default notice being issued. Oh they also said 2 debt collectors tried to trace me (again a lie as experian shows I have been on the electoral at my new address since moving in also they had my telephone number (changed 1 year ago). Any help and advice is greatly appreciated.

[laineynic]

Hi

 

I had a very similar experience with Avon. An Avon representative stopped my 16 yearold daughter on the street and persuaded her that she cold make loads of money. I stupidly agreed to helpng her.

 

We had a couple of good orders and then my daughtr had exams and we decided to pack it in. We sent a chequ in settlement. Which Avon cashed. We moved house and thoughtnothing of it.

 

Out of the blue a letter arrived and it had a request fro settlement. They sked us to pay £140 which was charges. They said that theyhad never received th cheque. I told them that the cheque had been cleared, but they did not believe me. I even sent them a copy of the cheque.

 

In the end I got so fed of the harrassment I wrote to the mananging director. His secrtary rang me andw wen through everything. She Eventually apologised and the chages were removed all except 1.

 

After another major performance over 1 charge it ws cleared.

 

Take your complaint further. Take it to the top if you have to. I wish I could remember the womans name, then I could have given it to you.

Lainey

[katnkaleb]

Thanks laineynic

Well they still haven't sent me what they had agreed. In fact they haven't sent me a single thing. I will write a letter addressed to the managing director and request that if they cannot provide a copy of my agreement and SAR for the recorded conversation when I did update my address in March (allthough this was still not updated) and I was basically called a 'liar' then I will request that they remove the Default. If I was unhappy with the outcome who would I refer to? Would it be the Consumer Credit Association or Financial Onbudsman because I feel putting this information in the letter may help them see that I am serious about seeing this through to the end. Also should I enclose a cheque for the outstanding amount?

[katnkaleb]

Oh I have just checked online and the President of Avon is Ms Anna Segatti based in Northampton. Could that be who you spoke to?

[emmaf01]

Start treating them like the debt collectors they are. Stop speaking to them on the phone, where they can turn around later and deny everything said. Write to them sending everything by recorded or better special delivery, so you can keep a record of everything.

 

Send a CCA request with a £1 postal order and a SAR with a £10 postal order asking for everything they hold plus recordings made of all phone calls to them.

 

Write at the top of all letters

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

THIS ACCOUNT IS IN DISPUTE

 

So if they take any further action they are in breach of regulations.

 

After you have all of this information (or if they don't provide it) then you see about making further complaints.

[legalpickle]

I too have this problem with Avon and have just got off the phone to them. I worked for them in 2006 and I sent a chq as full payment and a letter advising I no longer wished to work for them due to full time employment before I moved address. I updated my address on the electoral register but did not think to update Avon as as far as I was concerned my dealings with them were over. I had problems obtaining credit this year and after checking my credit file found Avon defaulted me in August 2006. I called them as soon as I found out in March but they were reluctant to remove the default upon full payment of £172 (£70 of which were charges). I paid £50 only and thought it best to seek advice. After finding tons of advice to get this removed I have just called them. The first agent in collection was totally unhelpful and wouldn't listen so I requested a manager. I spoke with Anita (team supervisor) who agreed to send out a copy of my agreement and statement of charges. After a lot of mumbling and holds she gave me the big speech on being exempt from CCA1984 and so could not send a copy of the Default notice and admitted that one was never issued to me only a default warning was issued.She claimed that they do not have to because the statement clearly states that I have 21days to pay. (What a load of old s***) even she knew she didn't know what she was speaking about. To make things worse they still had not updated my address from my call to them in March and insisted that I had not told them (I 100& did). I asked them to listen to the call but apparantly they do not have a recording although all their calls are recorded. I asked them how long they keep recorded calls for and again she had no clue so just said 'there isn't a prticular time). So how she knew she did not have that one I do not know as she said she could clearly see that I had called that day. I am stuck now for what 2 do next. I plan to wait for the information she agreed to send (no charge of £1 was requested but the call was recorded) and then I will call them back to ask how they are legally allowed to default me without a default notice being issued. Oh they also said 2 debt collectors tried to trace me (again a lie as experian shows I have been on the electoral at my new address since moving in also they had my telephone number (changed 1 year ago). Any help and advice is greatly appreciated.

 

Unfortunately you may be wrong. If you are have ticked the box when you moved and signed on the electoral roll to not be on the edited register then the only people who see it are financial institutions for credit approval searches and political parties. Debt collection agencies do not have access to the general register.

 

It is a common misunderstanding. Whilst tracing agencies sometimes can help, they do so by checking phone directories and using information the creditor had that may link them to a new address. If this information is minimal or insufficient then a tracing agency is useless. Where the tracing agency is taken on at a very low rate - normally for small amounts like this - they rarely do more intense - and generally successful - work.

 

If you are not on the edited register a DCA cannot find you through the electoral register. Most people are now ticking the box, resulting in being harder to trace.

 

The credit reference agencies show up that you are on the electoral roll when you search your own record or when financial institutions search during the credit approval process, but just because you show up, does not mean that you are on the edited register.

 

If you have any queries PM me.

[katnkaleb]

I am 99% sure that I am on the edited register as I have always agree to being on it as I am open to marketing and I receive it regularly.

 

I am hoping someone could clarify something for me which I find quite hard to believe. I was told by a friend that when I defaulted in 2006, this would have dropped off my file within 6 years but because I paid money to them in March this year, it will now be 6 years from the payment date and if I pay the remaining balance, it will be 6years from the payment date. Do you know if this is true as it is rather unfair on those of us who genuinely did not know we had defaulted and easier on those who just blatently ignore their debts?

 

That said, I am now in a bit of a pickle as I do not know what is best to do. Should I pay the remaining amount and dispute charges with my letter, S.A.R - (Subject Access Request) and copy of agreement request or should I hold off until I come to an agreement with them. My friend said to me that by paying the £50 in March, the company see it as acceptance of the debt. Whilst I do accept the debt (as my bank have confirmed that the cheque was not cashed) I explained the situation to them in March 2008 and agreed to pay the debt in full (including charges as my penalty for not being thorough in checking the payment was received) as long as the default was removed which they unfairly declined. I really don't know where to go with this but if I have to take this to the small claims court I would like to sue them for damages as my past 2 car loans have been over 30% APR and it looks like this was due to Avon's default. Would I be able to do that and would it help if i included a copy of these car loan agreements in the letter so that they can see what damage this Default has caused. Is it true that if they are exempt from the CCA regulations to issue a default notice to me that they should never have issued a Default in the first place and that this should have been a CCJ? If so can I demand they correct this because as far as I am aware a CCJ will be removed when the balance is paid, which I am fully prepared to pay.

 

Please help, I have never been in this situation (or even close) with any company before so I have no idea what my rights are and better still what my chances are.

 

I eagerly await any replies.