URGENT - help needed!!!

[hheadcase]

I don't know what to do! Had a letter from Shop Direct -

default notice served under section 87(1) of the Consumer Act 1974

 

They want all the money I owe by 16 April - I have been paying them regularly an amount they requested via NDR (well above the amount I can afford). I have asked on several occasions for signed credit agreement but they sent me a copy of one!

It sounds like they are going to take me to court if i don't pay the full amount owed.

I have spoke to CCCS a while ago but didn't have enough money over to set up an arrangement for payment.

What do i do - please help!

[mranother]

Alot of it would be scare tactis, so don't worry. When did you send them the CCA and what exactly did you get back in return??

 

Might be a good idea to explain everything so far on here so Caggers can help you out.

[themagician]

I don't know what to do! Had a letter from Shop Direct -

default notice served under section 87(1) of the Consumer Act 1974

 

They want all the money I owe by 16 April - I have been paying them regularly an amount they requested via NDR (well above the amount I can afford). I have asked on several occasions for signed credit agreement but they sent me a copy of one!

It sounds like they are going to take me to court if i don't pay the full amount owed.

 

I have spoke to CCCS a while ago but didn't have enough money over to set up an arrangement for payment.

What do i do - please help!

 

if you asked for a cca then they have 12+2 days to reply or produce,if they dont have you sent them the acc in despute letter as you will need to do,as the acc does not automatically go to despute status!.

[hheadcase]

I have sent several cca's last year but didn't follow up cos I was quite happy paying them - want rid of the debt. They sent back a copy of a credit agreement - did not have my name one (just blank). In January I wrote to them because I was receiving 6+ phone calls per day - they stopped for a while but have started again. I won't speak to them just write.

Edited March 26, 2010 by hheadcase
due to above reply

[unclebulgaria67]

What would they gain by taking you to court. The court would only look at your income/expenditure and work out what you could afford to repay.

 

In this situation, where you are already making repayments, you have two options. First, don't communicate with them and if they take you to court, then supply and attend court with all your income/expenses. Or arrange to visit your local Citizens Advice. They should help you with sending shop direct a letter stating that you are aleady making payments at a level you can only just afford. Shop Direct should take note of Citizens Advice and stop the harassment.

[hheadcase]

Thanks all for ur advice - I know I need to go to CAB but it's getting there, I'm at uni and placement all wk 8-5. do you know if they can advise over the phone. I have downloaded account in dispute letter ready to post.

[Deb T]

What is the outstanding amount of the alleged debt?

[unclebulgaria67]

In your first post it mentioned that Shop Direct sent you a copy of the CCA. They have therefore complied with the requirement for such requests. They don't have to send you a copy of the original with the signature showing. So I can't see the point of sending the dispute letter. Companies will often wait until they go to court, before they produce a copy of the CCA with your signature.

 

If you owe the money and this is not in dispute, you would better to explain to Shop Direct that you are already paying more than you can afford. But that you will keep up with the payments you are currently making. Send by recorded delivery and keep a copy, together with proof of postage. This may be required should you ever have to go to court.

 

You would need to book to see an advisor at CAB. Give them a phone call and see when you can get an appointment. I don't think they can advise you on the phone.

 

As Deb T asks, other information may be useful to know.

 

When did you take out the Shop Direct account?

How did you arrange the Shop Direct account e.g. Internet, local agents, post. ?

How much is outstanding?

How much interest are they charging?

[Bazooka Boo]

Have you kept records of the CCA requests you have already sent?

 

Keep calm, it's only a DN.

And is probably not even valid! Any chance you can scan and post it up on here, so we can have a look?

Remove all Id, bar codes, ref numbers etc, but ensure you keep the dates on there.

 

The amount it has on the DN is it asking for the full amount or just the arrears to bring the account back online?

 

Need to see it really to give proper advice.

 

Stop talking to them over the phone, if they ring, just repeat the mantra 'Everything in writing' in reply to every question, or just say it once and put the phone down, if they are persistently harassing you over the phone, not only are they breaking the telecomms act, but are also in breach of the protection from harasment act, which is a criminal offence, and the admin from justice act, again botth criminal offences.

 

The CCA they sent you, would again need to be scanned and posted up on here before anyone can advise to its enforceability or not, the fact that it contains no signatures to my mind says, that if they had said document they would have complied fully with the CCA request and sent a copy of it, therefore sending you one without is questionable to say the least, but doesn't make it unenforceable, to see what they intend using in a court, if it ever came to that, would mean sending them a request under the CPR regs.

 

In the meantime, if you can scan and post what they have sent you, we can better advise you.

 

Above all else it's a friday, and I can hear the Pub calling me!

 

I bade you farewell!

[harrassed senior]

IMHO They have actually not complied fully with your CCA request. I would send the Account in Dispute letter, inserting a paragraph noting that they have sent a generic Agreement, but you need them to confirm in writing that they actually have the original, signed Agreement which they would have to produce to a Court to enforce payment.

 

Our arguement is that when they try to wriggle out of their requirements by just sending a generic Agreement, IF they have the original why not send a copy?

 

If they cannot confirm that they do indeed hold the original, then until they do the account is in dispute and no payments can be chased or made.

[harrassed senior]

As BB says this is just a Default Notice which is a document they need to send, by law giving you a legally set amount of time to pay the balance outstanding. It does not necessarily mean that they will take you to Court.

 

As you are making payments, they would find it very difficult in front of a judge, and so, you may get threats of Court action, but that is just a computer generated letter, one in a long line you will get of 'could' 'may' 'might' etc. do allsorts.

 

You do not have to struggle - make your own income and expenditure calculations (never pass this on to anyone that may request it). Wen you have taken out all of your priority needs, then what is left is your disposible income. Split this between those creditors you wish to pay and offer them no more than the amount which is comfortable. It is YOUR MONEY and YOU decide who gets what and not the other way round!

 

Hope that puts your mind at rest some. Enjoy the weekend

[hheadcase]

Thanks everyone, you are all so helpful! They are asking for the total owed which is just over £3,000 - I am paying £38 per month which they seemed happy with till now. I can't remember how I set up the account but it was about 8-10 years ago. Will scan everything tomorrow and put it on.

[Bazooka Boo]

OK as soon as you scan it up, we can show you which letters to fire off to them next week, as it's the weekend the only thing working will be their threatomatic, and a few telephone threat monkeys!

[hheadcase]

I don't know what's going on - just had a letter from NDR saying they have been trying to get in touch with me and have charged me £12 . Who do I correspond with both or just shop direct? Need to find paperwork then will put on here.

[hheadcase]

Uploaded pdf documents with all the relevant info on - can someone have a look for me and tell me what to do next, thanks.

credit agreement 2008.pdf

letter 2008.pdf

credit agreement 2009.pdf

letter 2009.pdf

default notice 2010.pdf

[unclebulgaria67]

By the looks of it, they have not got your CCA to be able to enforce in court. They have only sent you a generic blank copy of one that would have been issued.

 

As for the DN, not an expert, others will comment.

 

From what I have read from others that have had dealings with Shop Direct, is that they will just pass on your debt to DCA's to chase. One of the DCA's may chance their arm in trying to get a CCJ by default. Default because you don't turn up to defend, so the court overlooks the lack of enforceable CCA.

 

It is up to you what you do next. Others may advise you about letters you could send now. Can you put up with 6 years of harassment, phone calls, letters and possible doorstep visits, to wait until it becomes statute barred? The debt will grow massively over that period and your credit record/rating will be trashed, meaning difficulty in getting credit, plus some services where credit is checked. Personally if I just had this one debt which I knew I owed, I would take advice from Citizens Advice about dealing with it. You might regret not doing so, if in (say) 3 years time, you want to buy a car and can't get credit or you have some other requirement for credit.

 

Having had family in debt problems, moving from house to house to avoid debt companies, I don't think it is worth the hassle over the one debt. If you end up having to get credit from sub-prime debt companies, you could end up paying more in expensive interest, than repaying what you currently owe.

 

It would be a different matter if you had a lot of other debts and were already in a position where the one debt would not make any difference to you. If that was the case my advice would be different.

[fuzzybobble]

How much of the £3k they are asking for is penalty charges? This can render the DN invalid as it means the amount of the arrears is incorrect.

 

As for the CCA, without your signature on it, they are stuffed anyway. I know for a fact that from 8-10 years ago catalogues didn't send out credit agreements for you to sign. Now it's come back to bite them. A friend of mine hasd a Shop Direct account and they admitted they didn't have one. She also knows she never signed anything when she sent off for the catalogue. Without it, any legal action they try and take can easily be defended.

 

So I'd say it's safe for you to tell them to get stuffed and refuse to pay them anything at all. Use the money for something more worthwhile.

[unclebulgaria67]

tell me what to do next, thanks.

 

I have given my advice in my previous post.

 

Just to add that althought without the CCA this makes it difficult to enforce the debt, they will sc*w you, by making a mess of your credit record/rating.

 

You will have to judge whether you are happy to live with the consequences of avoiding dealing with this, if it is only the one debt, which you are currently in the process of repaying.

[fuzzybobble]

Just to add that althought without the CCA this makes it difficult to enforce the debt, they will sc*w you, by making a mess of your credit record/rating.

 

You will have to judge whether you are happy to live with the consequences of avoiding dealing with this, if it is only the one debt, which you are currently in the process of repaying.

 

As they are asking for over £3k within 2 weeks to rectify things, and the original poster has already stated they are struggling to meet the £40 a month payments they have been making. Then it's unavoidable that their credit rating is going to get a default added.

 

However without an enforceable CCA you can put pressure on them to get it removed. As without a CCA they also have no proof you agreed to them processing your personal data, and that included adding stuff to your credit file. This is a serious breach of the Data Protection Act. Also if it's the only black mark on your credit rating, then asking them to compensate you isn't unreasonable either.

[hheadcase]

fuzzybobble how do you get the default etc removed?

[unclebulgaria67]

I don't think you can get the default removed. I am sure there have been recent cases where judges have ruled that creditors have the right to issue defaults and notify the credit reference agencies, even when they could not supply the orginal CCA.

 

The choice I believe is

 

1) Enter into a payplan at an affordable amount with help of CAB or other debt registered companies help. Or

 

2) Don't pay and put up with the harassment over the next 6 years, until it becomes statute barred.

 

Fuzzybottle had a point. Your credit record/rating would be hit either way. It is just if you are repaying this might help a little as it would show you making repayments and you should avoid some of the harassment.

[hheadcase]

Can't go with payplan or CCCS as I have tried - not enough extra cash left over at the end of the month to set up an arrangement. All CCCS did was offer advice and gave me a copy of income and outgoings and a standard letter to send to creditors. I want the debt paid off - it's my debt! I was made redundant that's why I am in this mess. They want more than the £38 per month I can offer hence the default notice - this is why it's confusing. If they took me to court they would get less! I obviously don't want to go to court or the stress of the phone calls - got loads of exams coming up in un i as I am coming to the end of my course and need to be able to concentrate. Where do I go from here - do I write to them explaining I can only afford the £38 and can't pay off the £3K in 2 weeks?????????

[unclebulgaria67]

Yes I would just send the letter you were advised to send to your creditors. I presume this just states your financial position and just offers reasonable payments. You could amend to add details of your current circumstances.

 

Without finding your agreement, this is not going to court. But they should accept that you are making payments you can afford. But from reading other posts this will not stop them passing onto a DCA, so you might have to write the letter again at some point.

[Bazooka Boo]

If there playing hard ball, then offer them less, just pay the token payment of £1 a month, they won't take you to court, it costs them too much plus they know they will only ever get what the judge decides you should pay them, which will more than likely be £1 a month.

 

It doesn't matter whether they agree to what you pay them, just pay them something and they have no leg to stand on in court, if they keep threatening court action give them all of the dates you are available to attend court, that usually shuts up their immature ramblings on!

 

Even better hit them with a CPR request the next time they intimate legal action, that really scares them!

 

NO DCA is EVER legally entitled to see your income and expenditure, so DO NOT SEND THEM this info.

They have absolutely no legal qualifications nor training to view your personal and private info, certainly not what you get every month and what you spend it on, DO NOT SEND THEM THIS INFO.

 

Without a valid CCA, you are 'legally' entitled to withhold ALL payments to them, until such time that they can provide you with one, and a legally enforceable one at that.

 

So if you have requested your CCA, and they have 'Failed' to provide one, then STOP paying these leeches immediately, there is no contract between you and them which says you have to give them money, regardless, I can just as easily tell you that you owe me money and force you to pay me without ever providing you with any proof that a contract ever existed between us.

 

STOP paying them.

[hheadcase]

Thanks, what's a CPR request? Can't seem to find it!