Kays Catalogue agreement

[romany]

Hi All

I am not sure if this is the place to post this question as i am new here?

 

Unfortunately my wife became ill several years ago and had to quit her job due to the problems she with her illness, a few months later I also had to quit my job to look after her as her disability got worse, at the time we had a loan and overdraft plus a visa card and several accounts with certain catalogue companies.

 

Our problems started when we couldn’t make the payments, we then asked for advice with our local Citizen Advice centre, who set up a £1 token payment to all our creditors, most of our creditors agreed to this but one namely Kays catalogue have made our life hell.

 

Anyway to cut a long story shorter, I have sent them a letter on the 24th of December 2008 to ask them if they could write off the our debt due to our circumstances, this was sent recorded delivery, a week later i received three threatening letters saying they have attempted on several occasions to contact me about the arrears on my account and will now been adding a £12 administration fee, also with this came a few phone calls asking us to pay the full amount, well I had enough and blurted out that they are in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. By the way I found this out by this site just before they rang as I was looking for help in this matter I also said that I was recording the conversation as instructed by my local CAB, their attitude to me on the phone changed dramatically I also told them about the letter I sent them on the 24th December and they said they didn’t receive anything.

 

Now I feel that through my attempts to resolve this matter have reached the point where the only option I have is to ask them for my true-signed copy of my Credit agreement.

 

Would it be possible for someone with experience in this matter to have a look at the letter below to see if this is okay to send them, also does anybody know hoe to check if a recorded delivery has been signed for, I will be truly grateful for any assistance!!!!!!!

 

Thanks

 

Chris

 

 

 

 

 

 

 

The letter:

 

Dear Sir/Madam

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation and a full breakdown of the account including any interest or charges applied the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit (12 days + 2). You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

[romany]

Sorry forgot to mention i have two address for the arrears collection department, so i don't know witch one to use?

 

Kays

Arrears Collection Department

Royal Avenue

Widnes

Cheshire

WA18 8HS

 

or

 

Arrears Collection Department

Aintree Innovation Centre

Park Lane

Netherton

Bootle

L30 1SL

 

Any Ideas, sorry again if this is posted in the wrong place

[loobyloo35]

Chris, remember to send the letter RECORDED and do NOT SIGN it otherwise they will have your signature - something I am learning fast on here!

 

Also you can check at www.royalmail.co.uk to see if a recorded or special delivery has been signed for and what day. A few days after it has been signed the website will also have an electronic proof of signature so will be able to see exactly who signed for it.

 

The letter looks fine as that is the standard one to use - good luck, they are a nightmare to deal with and am paying my Kays through Robinson Way!

 

Jo

[romany]

Hi Jo

Thanks for the reply, i did send my letter on the 24th of December 2008 to ask them if they could write off the our debt due to our circumstances by recorded delivery, and i have just checked the royal mail track and trace and this says to come back later it has not been signed for? the rest of our letters were signed for , any ideas?

 

Chris

[loobyloo35]

Hi Chris,

 

After 15 working days you can ask royal mail to put in a trace of a missing recorded delivery. It may also be worth sending it again just to be sure. When taking it to the post office they will check that the address is on their system so that's a good sign that it may well be posted.

 

If I were you I would ring up royal mail customer services and get on their case. Given that it was around the mad rush of Christmad it could very well be delayed or lost.

 

Jo

[romany]

Thanks again Jo, what would you recommend i do after the 12 days are up, should i send them a follow up letter?

 

Cheers

Chris

[romany]

I have read a few post here and other groups, saying you need to give them at least 30 days notice after the statutory time limit of 12 days has passed, would anybody know?

 

Thank You all

Chris

[loobyloo35]

Hi

there is a follow up letter on here somewhere (sorry I can't seem to find it at the time of typing this), that gives them a boot up the rear to remind them that the 12+2 days is fast approaching.

 

It might be worth sending this letter with a copy of your original request. If you sent a postal order it might also be worth checking to see if this has been cashed - you can do this by ringing the post office and quoting the PO number.

 

Have you checked to see if royal mail have delivered/signed for the original letter yet?

 

With regard to the 30 days notice period, this is the first that I have heard, but other people on here more knowledgable than me maybe able to help you more.

 

Jo

[romany]

Thanks Jo

 

Apparently the post office have mislaid it and i have to fill in a P58 Inland Lost, Damaged or Delayed Mail form, just my luck!, anyway i have had a few more threatening letters of them saying i must pay the full amount immediately or they will pass the account onto a debt collection agency, in the meantime to cover myself before I send the cca I sent them a copies of all the letters I have sent as they seem to have not received them, I have now written the cca and have a crossed postal order of £1 to cover the cost, before I post this what would you recommend me using , recorded signed for or special delivery next day, also should I write a covering letter to go with this.

 

Sorry about all the questions, I am new to all this but I am learning quite a lot from this forum.

 

Thank again

Chris

[romany]

Hi All

 

I have just sent the following Next Day Special Delivery, could someone explain when the 12+ 2 days start, is it from the day of posting?

 

Dear Sir/Madam

 

Re Account No: − ********

 

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation and a full breakdown of the account including any interest or charges applied, the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit (12 days + 2). You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a Crossed postal order in the sum of £1.00, which is the statutory fee. Please note the ID: **********

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

Mr. **********

[pinkerton_angel]

I'll leave the answers to someone with more experience with me on this but will be subscribing to your thread.

You're not alone out there and remember not to give up - people will help and you will resolve this eventually.

If it's any consolation I used to work for Kays and went thru hell then too!!!

Good luck

Pinky

[IdaInFife]

It 12 days from receipt which is normally counted 2 days after posting.

 

Your doing the right thing. If you receive nothing after the 12 + 2 do not worry, they know what they should do and don't waste your time or money on them.

 

Let us know of any response

 

Ida x

[romany]

Thank you Ida and Pinky for your kind words, it's good to know people will help here i have a little problem though, i posted the letter earlier today and was just checking through all my correspondence to make sure everything was in order and the CCA letter posted today had the wrong year, it said 2008 , will this make the letter void or will it be okay as i have the proof of special delivery? one thing i have learnt is not to write important letters with a house full of children,i blame the snow:(

 

Thank you again and i will keep you all posted with the outcome, fingers crossed!!

 

Chris

[romany]

Hi all

Well i have had Kays ringing me everyday so far, i did speak to them today and explained the circumstances that they are on day three of the cca time allotment, they told me they have the credit agreement and it was sent yesterday, i did ask them if it was the original and they said no it was a copy, i will wait until the letter arrives and then let you all know.

 

Chris

[romany]

Hi

I received a photocopied credit agreement with my name on it on Friday 13th Feb 2008 and it looks like it has been added by themselves the dates have changed also, are they supposed to send me the original agreement?

 

Thank You

 

Chris

[romany]

I have been sent a photocopy not a true copy of the credit agreement, could someone let me know where i stand here, i would like to send a follow up letter to them but don't know what to say is there a template somewhere ?

 

Thank you all

Chris

[stroke a badger]

Hiya Chris,

 

Can you post a copy of what Kays have sent you. If you have acces to a scanner, scan the documents, remove your personal Information and upload the images to www.photobucket.com.

 

If you need a hand uploading them, just shout.

 

BTW, welcome

[romany]

Hi Btw

Here are the images of the letter sent by kays, i have left the signature on so you can see the difference:

 

http://i598.photobucket.com/albums/tt67/romany1968/1copy.png

http://i598.photobucket.com/albums/tt67/romany1968/2copy.png

http://i598.photobucket.com/albums/tt67/romany1968/3copy.png

http://i598.photobucket.com/albums/tt67/romany1968/4copy.png

 

 

Thank You

Chris

[romany]

Hi all

Could someone help me out with a suitable response to the above letters please, I think these copy’s of the so called agreements do not represent a true copy, they have also failed to provide me with other documentation and a full breakdown of the account including any interest or charges applied the Consumer Credit Act 1974 requires them to do so, I sent a £1 postal order with my original letter to cover this, also I have serious issues with the following signatures as they looked to be forged, unless I signed them while extremely drunk ☺, I think not, the dates also look suspicious :

 

http://i598.photobucket.com/albums/tt67/romany1968/3copy.png

 

http://i598.photobucket.com/albums/tt67/romany1968/4copy.png

 

If someone could point me in the right direction I would be so grateful.

 

 

Thank You

 

Chris

[romany]

Any Help Please

[IdaInFife]

The signature on copy 2, is that your right signature?

 

 

Ida x

[romany]

Hi Ida

Yes that is my signature and the agreement was for a single item not a contact between me and Kays for catalogue usage?

 

Thank You

Chris

[IdaInFife]

Another question copy3, they sent that to you with the other copies?

 

I take it you ordered more than the inital order?

 

 

Ida x

[romany]

Hi Ida

Yes the copies i posted all came together and there was a few orders , i was a bit baffled to why they sent me my copy, the dates look altered and the signatures on copy three and four also look altered, the signature on copy two is mine though.

 

Thank You

Chris

[cerberusalert]

There is a point in law which could make it unenforceable. It states in the terms & conditions;

If any term of this agreement is unenforceable for any reason, it shall not affect the enforceability of any other term in this agreement.

 

Obviously they haven't heard of Wilson v County Wilson v First County Trust