Shop Direct No CCA but .....

[Lou7477]

HELP

 

My husband had a catalogue account some years ago with great universal, now Shop Direct.

 

Following redundancy etc we had to stop paying the required monthly figure etc etc.

 

Now they've instructed Lowell's to chase the debt. So I sent a CCA request.

 

This is the response:

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. CURRENT as in now...APPLIED as in past tense?? make up your mind

 

This version includes all contractual variations that have taken place.

 

According to our records the account was opened on 21/03/07. You agreed to make payments every 28 days.

 

Our records show that £xxx in payments have been made within the alst 12 months.

 

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 remains on your file for 6 years. 6 years from when??

 

Ok now, my question is....why have they sent a copy of an unsigned agreement? What can that achieve? If there is no CCA signed by my husband then the debt is not enforceable. Am I right? How can I then get them to remove this from his credit file?

 

Any information/help would be welcome!

Thanks for reading

Lou

[harrassed senior]

They have admitted no copy of executed Agreement - that means that they cannot enforce this alleged debt legally through the County Court.

 

You can send the Account in dispute letter and it is now up to you whether you make any further payments.

 

Did you receive a Default Notice? This is the date that usually starts the 6 year clock. However, if you have made a payment since that date, or acknowledged the debt, then the 6 years will start from that date.

 

It will be almost impossible to remove the reference from his file.

 

You can try sending a Section 10 Notice:

 

I will try and find a link to the template letter.

[harrassed senior]

Read the link below for letters to CRAs.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222663-cras-ocs-credit-ref.html

[Lou7477]

Hi

 

Thank you or the reply to my thread. I have the same situation with Littlewoods myself. What about if no default has been received? I can't remember receiving default notices. Does the 6 years start from when last payment was made?

Sorry for the questions, not too hot on these kind of things (yet!)

Louisa

[harrassed senior]

The Statute of Limitations runs from the date you made your last payment providing you have not acknowledged the debt after that time.

 

Many older (pre 2006) catalogue accounts do not have the required enforceable Agreement, but they can and do keep insisting they don't need it!