yummy-mummyg VS Fashion World

[yummy-mummyg]

Hi all,

I recently cca'ed Fashion world on 5th August 2010. I received a reply from them dated 17th August. I do not have access to a scanner right now, mine has just broken but here is what their letter says:

 

Dear yummy-mummyg

 

Thank you for your letter dated 5th August 2010 which we received 13th August 2010 (?! sent 1st class RD!) the contents of which we note:

 

This personal credit account was opened on 12th August 2009 and is payable on 28 day basis. Credit charges are applicable at the rate of 2.62 pence in the pound (equal to 39.9% APR variable) every 28 days

 

Since the account was opened 9 payments have been made to the account to date totalling ££££

 

The current balance is £££££ with arrears outstanding of ££££

 

Based on the above balance and repayments rate and if no further transactions take place against the account, a total of 25 installments are expected to repay the balance in full consisting of 1 payment of ££££ then 23 subsequent payments every 28 days thereafter of £££ and 1 final payment of £££

 

Please find enclosed a true copy of your credit agreement setting out the terms ad conditions to which you agreed when the account was opened along with the current terms & conditions.

 

We have also enclosed an itemised breakdown of the account dating back to 13th August 2009.

 

When responding to a section 78 request a lender does NOT have to provide a photocopy or other literal copy of the executed agreement nor provide a copy bearing or some other proof of the customer's actual signature.

 

We await hearing from you

 

Now, the agreements they have sent me have my details filled in, in biro and is not my handwriting, nor is my signature on them. This is what I expected as i have never received, nor signed an agreement with fashion world.

What worries me is the last paragraph they wrote - are they lying or not?:?

 

Where do i go now?-?

[dx100uk]

no they are sadly quite correct

but to go to court, they will need a signed agreement.

 

now why are you questioning the debt?

 

even if the CCA were to be un-en, it sadly does not wipe the debt out, contrary to what these claim co's sprout.

 

dx

[2Grumpy]

And this is a post 2006 agreement so easier for them to collect

[yummy-mummyg]

The reason I went down the CCA route was they have been nothing but hassle. I am out of work so we are living on one wage and bringing up a baby.

The CAB were involved and worked out our incoming/outgoings and drew up our SOA which was posted to all debtors with the amount we can afford to pay.

Fashion world refused point blank to accept the payment until our situation improved. We wrote to them and explained they were one of the only debtors to refuse and would they rethink it - no. They wouldnt accept anything lower than the full payments!!

They sent a letter to CAB saying it was because the last order I placed was delivered to me 1 month before I sought advice from CAB - therefore I placed an order knowing full well I was going to be in financial difficulty and wouldnt be able to pay, so apparantly they are well within their rights to demand full payments.

 

The interest and constant charges are increasing my balance to ridiculous levels and they are constantly harrassing me - up to 10 phonecalls in a day, 7 days a week, letters every other day, despite me sending a letter asking them to stop.

They claim if my account is in arrears they are within their rights to call me up to every hour should they need to.

 

I don't dispute the debt, I just want to make the payments I can afford until things improve and not be crippled by their charges and interest.

[dx100uk]

they should no be phoning 10 times a day you need to report them,

 

dx

[harrassed senior]

I see that you took out the account in 2009, did you do this online, as 'ticking a box' would then count as a signature.

 

With regard to the telephone calls, do you have this in writing = They claim if my account is in arrears they are within their rights to call me up to every hour should they need to. If so, then complain to Oft and Trading Standards throuogh Consumer Direct online and attach a copy file containing the above statement.

 

With regard to Fashion World you could send them this:

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

You can make a complaint to : Ofcom

 

Finally they will not accept your offer of a payment plan. Your income is YOURS and only YOU decide how much you can afford to pay them, they may insist all they like they they will only accept the full amount, but if you were making regular monthly payments to them they would in all probability be thrown out of Court by a Judge

 

Set up a Standing Order, NOT a Direct Debit and pay what you can on a regular basis. If they refuse these amounts, and it is in writing that is their problem and you have a papertrail for the Court.

[harrassed senior]

I see that you took out the account in 2009, did you do this online, as 'ticking a box' would then count as a signature.

 

With regard to the telephone calls, do you have this in writing = They claim if my account is in arrears they are within their rights to call me up to every hour should they need to. If so, then complain to Oft and Trading Standards throuogh Consumer Direct online and attach a copy file containing the above statement.

 

With regard to Fashion World you could send them this:

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

 

[NAME HERE]

 

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

 

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

 

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

 

You can make a complaint to : Ofcom

 

Finally they will not accept your offer of a payment plan. Your income is YOURS and only YOU decide how much you can afford to pay them, they may insist all they like they they will only accept the full amount, but if you were making regular monthly payments to them they would in all probability be thrown out of Court by a Judge

 

Set up a Standing Order, NOT a Direct Debit and pay what you can on a regular basis. If they refuse these amounts, and it is in writing that is their problem and you have a papertrail for the Court.

[harrassed senior]

oops forum glitch I guess - sorry for double post