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Help understanding this letter - home shopping


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Hi all


I have recieved a letter from one of my creditors that I CCA's a couple of months ago they didnt hold a valid agreement, I have now recieved this letter, and although i feel like im a old hand at all the CCA stuff now Im wondering what this letter means to me? I know the debt will still exist but i thought that if they did not have a valid agreement they couldnt put anything on my credit file, and alot of what they say is a bit jargon to me, can anyone have a read and let me know what they think? Are they just trying to put me off?

I have not been able to scan so took the liberty of typing it up sorry its quite long but hope you take the time to read it and give me your opinions and a good letter to send back.. thanks.


The office of fair trading and local trading standards acknowledge that for the Home Shopping Industry the supply of an exact copy of the credit agreement together with all relevant financial information is acceptable to meet your request for a copy of the credit agreement. Also it is only necessary to produce an actual copy of the signed agreement as defined by section 61 of the Consumer credit Act 1974 should we decide to issue a default summons and it is defended on a spurious challenge to try and avoid having to pay the debt due to us.

You can be assured that legal advice is sought in such matters where liability is in dispute. We are still very much of the opinion that a debt exists. We are also aware that the courts would not grant an enforcement order should a default summons be issued because of non payment and it was defended on a challenge to produce a copy of the original signed agreement that we could not produce.

We would remind you that the original credit agreement was sent with your first order when the account was opened in Nov 02. Our customers are asked to sign bother copies, returning one copy and to keep their copy in a safe place should they decide to choose repayment by credit terms instead of full payment. By taking advantage of paying the minimum payment every 28 days you are as such subject to the terms and conditions as stated within the credit agreement.

This company will not write-off a debt just because there maybe the possibility of the legal defence if we were to take legal action as a method to recover the debt owing to us.

If it subsequently transpires that you did not sign and return a copy of the credit agreement we realise it will be unenforceable but it is not voice nor an unlawful debt.

We are satisfied upon discussion with the information commissioner’s office and on legal advice that it can still be registered as a default with credit reference agencies.

Having actively worked with the office of fair trading during the consultation period prior to the publication of the debt collection guidelines you can be assured that we are fully supportive of the directions it contains and that we are compliant with regards to our practices and procedures.

The next paragraphs basically tell me what I owe, what is in arrears and they will continue to pursue it.


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They are correct that the debt is unenforceable, which means they know they cannot take you to court to enforce it but they can still ask for payment.


If they ask you for payment and you tell them that you will not be making any further to them becasue of no cca then they should not ask for any other payment and at this stage you can make a companit to the OFT.


regarding Credit Files,


they should not be reproting to the CRA's but they will continue to do so and this is a very sticky situation to try and argue.


If you are worried about your credit files then there is another couple of options:


1. make them a massively reduced full and final settlement which includes them removeing any adverse data from your CF.


2. Send them a sar and total up the charges and interest and claim these back and hope to clear the debt.


Ida x

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or in some case no agreement means that you have not signed your right away for your data to be processed by these people and they have no right to pass your details onto a third party ie a CRA




Getting There Slowly



Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi thanks for replying,


I have £700 outstanding and i have the statements and the charges come to a total of £350. I already have a defult on my credit file from another creditor so i suppose one more doesnt make much difference but the fact that i know they are not allowed to put anything on there makes me want to fight it.

So my options are:

Offer them a reduced payment to clear the debt?

Write them yet another letter to tell them as there is no valid CCA they cannot put anything on my file?

I think i will go with the letter first see where that gets me, as to be honest i dont have any money to offer them and even if they take off the charges its still leaves me with quite a bit to pay back

Thanks all


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