Struggling with catalogue accounts

[Minimoos]

ok booworm were would i go next with that one! how can the same company write two different letter s?

[Bookworm]

Don't ask me, I have given up trying to understand how these people think, lol.

 

CCA is not my field of expertise, I must admit so I am probably not the best person to advise on that, but it seems to me Summanotre's advice is spot on.

 

Gezwee, you're thinking of the Limitations Act 1980, and it's only relevant if you have had no payment, contact or other acknowledgment of the debt in the last 6 years (5 in Scotland).

[Minimoos]

All the companies you have mentioned come under Shop Direct Group. I have written to each catalogue (or their agents separately) asking for CCA's - none of them can supply one; in fact I recieved an odd looking statement from Bryan Carter & Co (*yawn*) on behalf of Littlewoods. When Littlewoods or whoever under the Shop Direct Group threatened me with a home visit, I deliberately stayed in - didnt contact them about it, nothing, just waited and no one showed up.

 

They are using every scare tactic in the book on you (been there and still there in some instances). Dont make contact regarding a mutual agreement yet. Wait and see if they have your cca, follow the proceedures posted around this site i.e. sending by recorded delivery, give 12+2 days to respond, if no response or cca not produced give them 30 or 40 days (sorry cant remember how many but its here on the website somewhere) and if they still cant produce your cca, the debt cannot be enforced - Or, depending on their response and supply of relevent documents then try to arrange a mutual agreement if its appropriate.

 

As for the harassing phone calls make a complaint to Trading Standards - I did, I had to change my home phone number 3 times to stop receiving calls from these people up til 11pm. Its covered by the Harrassment Act.

 

I have to now start my own thread about the response I have received regarding Littlewoods under the Shop Direct Group as to my next response to this stupid, pointless statement I received after asking for my cca - now what does that tell you? It tells me they dont have one!!

 

Ok good bit.... I have received a letter from additions saying

 

With reference to your letter (default letter) I can confirm that we will not be pursuing the above account for he oustnading balance.

 

Great news, I still dont understand how they can sen that but when little woods get sent a default letter they send something completely different and simply behav no even attempted a reply from the default letter ???

[summanotre]

TBH I have to chase mine up - Ive given them all waaaay too much time and now the phone calls are starting again *sigh*. My time has been taking up with a possible police investigation relating to a mastercard account. All heavy stuff and my head is exploding.

 

Once Ive gathered all my stuff and had a good read through, I may be able to post up some useful stuff. One thing I have discovered is that although all the catalogues mentioned in this thread come under the umbrella of the Shop Direct Group, they dont seem to talk to each other. I believe thats because each account was opened with their sub-companies (can you call them that?) separately and at different times.

 

You could bury them all in paperwork by requesting documents from each account separately and then request documents from Shop Direct and compare what you get. I love to bury them under paperwork! Serves them right, they should operate under one name seeing as they all offer the same services etc.

 

All this talk have got my juices going again.....

[Minimoos]

Well some more juicey bits now.........

 

I know you said you had a lot on but its worth a read.

 

I have recently sent a default letter to Next they wrote back this morning

 

No dear addresse or anything

 

goes straight into

 

Wehave previously supplied you with or please find enclosed a true copy of the credit agreement. We are satisfied hat this meets with our obligations under Section 78 of the Consumer Credit Act.

 

By way of explanation, under Section 78 of the Consumer Credit Act, Nxt must supply any customer with a True Copy of their credit agreement upon request. For the purposes of Section 78 a, a True Copy need not be an exact copy or photocopy, as long as it contains every material provision of the agreement signed. This means that it does not need to have non-statutory information which was included for the creditor's own benefit or signiture boxes. Therefore Next are not required to provide you with a signed copy of the agreement and this is made clear in Section 3(2) of the consumer Credit (cancellation noices and copies of documents) regulations. We are required to provide you with a true copy and a true copy is enclosed.

 

A default entry wil therefore be made on the credit reference file, which may affect the ability to obtain credit in the future. Making payment to clear the balance will enable the credit fles to sho as satisfied.

 

 

Collections Admin

 

 

 

??????????????????????????????????????????????????????????????????????????????????????????????????????????????/

[Minimoos]

Just to add that the agreement they sent me, in bold says OUR COPY PLEASE SIGN AND RETURN.

 

then

 

IMPORTANT YOU SHOULD READ THIS CAREFULLY , YOUR RIGHTS

 

 

The consumer credit act 17974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the Agreement is made, if they are not, the creditor cannot enforce the Agreement against you without court order. The Act also gives you a number of rights.

 

space for customer signiture

 

NO SIGNITURE

[gezwee]

Hi Bookworm

 

This link (if i pasted it in properly) to other thread should explain what I was getting at in earlier post......

 

Thanks for the PM the other day, always good to have a sounding board before i go and waste my money trying to force an admission from them with a court direction.

 

Catalogues - exempt from Companies act S.222(5)(b)

 

Do we assume most - if not all - mail order companies operating a rolling credit account are in a such a mess because they have been destroying records at month 24 - including any CCA's?

 

Comments appreciated from anybody looking in.

Edited July 12, 2009 by gezwee
Fat fingers syndrome!

[Minimoos]

I have come to the conclusion that these mail order companies are in trouble as they are online operators were agreed credit is not signed for by customer. so not signed hard copies are made.

 

 

 

Does anyone have any idea what i could send next and little woods after a default letter cant find anything to write. wish this would end finally

[Minimoos]

anyone anyone ??????

[Minimoos]

dont know where to go next? anyone

[gezwee]

Hi Minimoos

 

See you are up late and probably chewing your nails to the quick......... stop it now and get a grip.

 

Bookworm and others have offered some excellent advice, have you been issued with a copy of your alleged agreements.... nope, do they have any evidence of outstanding balances ........ erm that'd be a nope as well.

 

Do they have evidence of goodwill gesture payments to alleged accounts ..... probably, but why would that matter unless they want to write you a cheque and pay you back?

 

Will they keep persuing........ of course they will, its in their nature but its your phone they're ringing and you can cut them off any time you want to.

 

As for any letters, if I've read all this thread correcly you have disputed all accounts due to lack of CCA, thats pretty much it, end of story. If I walked up to you in the street and demanded 2k stating you had an agreement with me that i couldnt find would you rush off to the cashpoint?

 

Any future DCA's come on to the scene just point them back to the original defaulter.

 

 

Consumer law is there for a purpose and its not all as one sided as some might think.

 

Do you have any property to protect? Always ask this one, as its the only reason an OC or DCA will become at all vexatious in the hope of a charging order - if you have nothing they could hope to place a charge on it will just rattle on for an age with various DCA's, they won't give up but you will be better enabled to deal with them if you sit tight and take a few moments to gather your thoughts.

 

No CCA, no further action required........ if they are in default they will only show their ignorance (which they have plenty of) by progressing further.

 

Have you got anybody else close to home that could offer you some support, you seem nervous and not at all secure about your position. A problem shared is a problem halved, speak to a friend or relative and you will probably find (surprise, surprise)that one of them will have had the same experience and if nothing else will certainly make you feel a whole lot better about your own circumstances.

 

**Oh and, your name still appears in post #7. You may want to PM the thread poster to remove, if you can't get hold of him/her try hitting the red triangle and 42man or one of the other site team will edit for you**

 

Best wishes

 

gezwee.

Edited July 15, 2009 by gezwee
Name still legible

[Minimoos]

Dear Gezwee

 

Thanks for yor support mos needed, cant really talk to anyone as not something i like to share, have spoken my to husband but he doesnt really have a clue. I kinda take on all the financial dealings so I am usually the strong one sorting things out, making things work. But it eems to be getting on top of me as my husband is self employed and work is non exsistant , but we get by,

I am glad i have done what i can we live in rented accomodation so hey cant touch us there, I take it I just have to be persistant. I havent heard a thing from Simply Be of JD WIlliams which is weird and bit worrying as i thought they would despute the default as Littlewoods have. Additions have sent me a letter to say that the debt will not be chased.

So I must refer to the default letter and hold tight.

 

You dont know how great it is to have this to vent and get advice it is most appreciated, its really really helped me.

[Minimoos]

I have received a letter from one of the catalogues I sent a CCA request and default letter and they have wrote

 

 

Further to previous correspondance.

 

May I advise we have no made prior arrangements to cease collection activity on your above account numbers.

 

You will shortly be receiving an up to date statements of your accountss, which will include a payment slip.

 

Yours sincerely

[Minimoos]

bump help bump help !!!!!!

[Minimoos]

help help help bump bump bump

[gezwee]

Hi Minimoos

 

Very kind of them to send you some lining for the budgie cage.

 

No CCA, no payment. Did say they will keep chasing but heyho its what they do. They've acknowledged no agreement, they've acknowledged your default letter - still without agreement.

 

Keep all paperwork and the envelopes if you have them still, record the date of delivery etc

 

Have you sent them DSAR yet? There may be PPI or charges to reclaim from them.

 

They'll bluster and chase and p*** you off but as long as you can put up with firing the odd letter off now and again reminding them that you acknowledge no debt to them its about all they can do.

 

They may sell it at some date in the future to a numpty DCA but they will not be able to effect any litigation without the agreement either. Just send them the dispute letter it should get them handing it back to the OC pretty sharpish.

 

Suppose I should add the usual.....Don't sign anything you send them

 

Not much else to say really, if they ever attempt to sue you come back on here and someone will point you in the right direction for a quick and easy defence to get it discontinued and claim your costs.

 

Gez