Choice catalogue. Chasing arrears and more charges.

[hitchy1]

Been struggling making payment to Choice due to redundancy. Offered a payment but they advised need to wait until payment is missed then ring to arrange.

They now send a letter stating account in arrears and they have tried numerous times to contact me. Adding £12 admin fee due to substantial effort in trying to make contact.

 

Can i CCA them and what template would i use?

[maroondevo52]

Hi,

 

When did you open the account ?

 

Letter 'N' in the library is the CCA request.......

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send recorded, with a £1 postal order and don't sign it.

 

Regards.

 

Scott.

[hitchy1]

Hi,

 

When did you open the account ?

 

Letter 'N' in the library is the CCA request.......

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send recorded, with a £1 postal order and don't sign it.

 

Regards.

 

Scott.

 

Think it's about nine years ago.

Thanks

[maroondevo52]

Hi,

 

If they come up with an enforceable agreement, re-claim any charges.

 

Regards.

 

Scott.

[hitchy1]

Hi,

 

If they come up with an enforceable agreement, re-claim any charges.

 

Regards.

 

Scott.

 

Received this letter today with a couple of unsigned T'cs and C's attached.

 

choice

 

 

Dear

We refer to a recent request for a copy of your agreement.

Unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which have taken place.

According to our records, the account was opened on 06/04/1999. You agreed to make payments every 28 days.

The outstanding balance is currently £****. Our records show that £**** in payments have been made within the last 12 months.

In accordance with the terms of the catalogue statements are issued every 28 days.

If a third party is acting for you, please pass a copy of this letter to your representative.

Yours Sincerely

MARK WARBURTON Admin Support Team



Choice

Innovation House Park Lane Liverpool L71 1LR ÈÕÖ¾ - ´ó¹ú²©¿Í

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[Nagasis]

Received this letter today with a couple of unsigned T'cs and C's attached.

 

choice

 

 

Dear

We refer to a recent request for a copy of your agreement.

Unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which have taken place.

According to our records, the account was opened on 06/04/1999. You agreed to make payments every 28 days.

The outstanding balance is currently £****. Our records show that £**** in payments have been made within the last 12 months.

In accordance with the terms of the catalogue statements are issued every 28 days.

If a third party is acting for you, please pass a copy of this letter to your representative.

Yours Sincerely

MARK WARBURTON Admin Support Team



Choice

Innovation House Park Lane Liverpool L71 1LR ÈÕÖ¾ - ´ó¹ú²©¿Í

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Good news ! They have admitted they don't hve a signed agreement. Keep that letter safe.

 

Now send the account in dispute letter.

[hitchy1]

Good news ! They have admitted they don't hve a signed agreement. Keep that letter safe.

 

Now send the account in dispute letter.

 

Is there a standard letter or is there one specifically aimed at catalogue companies?

[Nagasis]

Is there a standard letter or is there one specifically aimed at catalogue companies?

 

Just the standard one.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

On xx/xx/2009 I made a formal lawful request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on xx/xx/2009.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[hitchy1]

Just the standard one.

 

It,s on the way. Thanks

[hitchy1]

Just the standard one.

 

Just received this from choice, this is after sending the account in dispute letter. By the way they have not made any contact despite what they are saying and adding more interest. What do i do next as the account is supposed to be in dispute?

 

 

 

Arrears Collection Department

Aintree Innovation Centre, Park Lane, Netherton, Bootle L30 1SL

Payment Helpline

0844 822 4707

Opening hours:

Monday - Friday Sam - 9pm

Saturday 8am -9pm

Sunday 10am -4pm

 

Date 1 5th May 2009

Brand: Choice

Account No: Our reference:

YOUR ACCOUNT IS IN ARREARS

Dear Mrs Jk

I have attempted to contact you on several different occasions about the arrears on your account. The requested payment is now seriously overdue.

You must contact me immediately as It is essential that you make a payment on your account to prevent any further action. You can pay by credit or debit card over the phone on 0844 81 1 8504. Alternatively, you can pay at any Paypoint or Post Office using the barcoded giro slip below.

As a result we have applied a £12 administration fee on your account due to the substantial amount of effort I have made in trying to contact you.

Yours sincerely, Arrears Manager

Shop Direct Financial Services Limited

Registered Office: Aintree Innovation Centre, Park Lane, Netherton, Bootle L30 1SL Registered Number: 04730706

Authorised and regulated by the Financial Services Authority in respect of arranging insurance products.

Calls made from BT landlines will cost no more than 5p per minute. Charges will vary for calls made via other service providers.

[hitchy1]

Hi,

 

If they come up with an enforceable agreement, re-claim any charges.

 

Regards.

 

Scott.

 

Any idea on what i should do with the latest response?

[Nagasis]

If you have posted the 'dispute letter' then really you don't even need to respond. Don't worry about the interest and charges as they can never collect it without a cca and they have already stated they don't have one and that statement was binding under s172 cca1974.

 

If you feel you must respond send the 'dispute' letter again.

 

You will get used to these sending letters. They can never act upon them.

Edited May 21, 2009 by Nagasis

[hitchy1]

If you have posted the 'dispute letter' then really you don't even need to respond. Don't worry about the interest and charges as they can never collect it without a cca and they have already stated they don't have one and that statement was binding under s172 cca1974.

 

If you feel you must respond send the 'dispute' letter again.

 

You will get used to these sending letters. They can never act upon them.

 

Thanks, they have had enough letters. I will file them and ignore.

[hitchy1]

Thanks, they have had enough letters. I will file them and ignore.

 

 

Received another letter from Shop Direct. Think it's good news. letter confirms that no further action will be taken to recover any outstanding debt. This could be my first success.

 

Thanks everyone for your assistance.

[maroondevo52]

Sounds good, Hitchy.

 

Could you post up the letter, removing any personal details ?

 

Regards.

 

Scott.

[hitchy1]

Sounds good, Hitchy.

 

Could you post up the letter, removing any personal details ?

 

Regards.

 

Scott.

 

Yes i have copied and pasted details below.

 

With reference to your letter dated 10/05/2009. I can confirm that we will not be pursuing the above account for the outstanding balance of £1436.84.

As the debt remains unsatisfied, this will be noted on our internal file for future reference.

This information will also form part of your records at the Credit Reference Agencies where we share information. This information will remain on your Credit Reference File for 6 years.

If you are charged interest on your account, any future charges will no longer be applied.

Yours Sincerely

-A

MARKWARBURTON Admin Support Team

[maroondevo52]

Thanks, do you know if they have already 'marked' your file.

 

Regards.

 

Scott.

[hitchy1]

Thanks, do you know if they have already 'marked' your file.

 

Regards.

 

Scott.

 

Not sure, they have sent me a default notice.