Need help regards Great Universal and Very accounts

[silverfox1961]

You don't need to include proof of receipt, just tell them the dates they got it

[scarborosmoggy]

I just printed proof off the royal mail website and included that, thanks again, I will let you know when I next hear from them.

[scarborosmoggy]

I just heard back from them today, they sent a signed cca back for the very account which surprised me to be honest considering all the name changes that account has had.

 

Regards the Great Universal, this is different, no signed credit agreement sent, they just sent a copy of the current credit agreement with no signiture anywhere, below is what that letter says:

 

Dear Mrs xxxxx

 

RE: Credit agreement request

 

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

 

Please find enclosed a copy of your current credit agreement, which includes applicable contractual variations and amendments that have taken place.

 

According to our records, the account was opened on the 2nd October 2002. You agreed to make payments every 28 days. In accordance withh the terms of the catalogue, statements are also issued every 28 days.

 

The current outstanding balance on your account is xxxxx, Our records show that in the past 12 months £xxxx has been paid.

 

I'd also like to take the oppertunity to remind you that payments must be made every 28 days in order to avoid a default charge and notice of default being sent to our credit reference agencies.

 

We regulary share information regarding the performance of your account with our credit reference agencies, which is retained on your credit file for 6 years.

 

To avoid this detriment to your credit file, please contact us on 0844 822 4090 if you need to make a payment, if your are in financial difficulties, we can also discuss what affordable payment plan options are avaliable to you at this time (I WROTE TO THEM DIDN'T I BUT THEY REJECTED THE OFFER)

 

If a 3rd party is acting for you, please pass a copy of thiss letter to your representative.

 

 

xxxxxxxxx

 

Credit reference team manager

 

 

So to sum it up, one sent a signed cca and the other didn't. what should I do now, your help is and has been very much appreciated thus far. thanks

[scarborosmoggy]

I found this, or is there a better one you know of?

 

Address

 

Date

 

Dear sir/madam

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX. (THEY DIDN'T DO OR SAY THIS, THEY SAID Please find enclosed a copy of your current credit agreement, which includes applicable contractual variations and amendments that have taken place.)

 

 

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing an personal data relating to me on this matter.

 

Yours faithfully

[scarborosmoggy]

Anyone?

[scarborosmoggy]

Anyone?

[scarborosmoggy]

Silverfox are you about to offer your words of wisdom for our next move.

[silverfox1961]

difficult really, They are allowed to send a reconstruction of the agreement but it needs to have the name and address on it when the account was taken out. Have they done that?

If it should get to court, if no variations in the terms and conditions have been made then a reconstruction is likely to be allowed but if variations have been made then they should also produce a copy of the original.

[scarborosmoggy]

Regards the Great Universal, this is different, no signed credit agreement sent, they just sent a copy of the current credit agreement with no signiture anywhere, below is what that letter says:

 

Dear Mrs xxxxx

 

RE: Credit agreement request

 

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

 

Please find enclosed a copy of your current credit agreement, which includes applicable contractual variations and amendments that have taken place.

 

According to our records, the account was opened on the 2nd October 2002. You agreed to make payments every 28 days. In accordance withh the terms of the catalogue, statements are also issued every 28 days.

 

The current outstanding balance on your account is xxxxx, Our records show that in the past 12 months £xxxx has been paid.

 

I'd also like to take the oppertunity to remind you that payments must be made every 28 days in order to avoid a default charge and notice of default being sent to our credit reference agencies.

 

We regulary share information regarding the performance of your account with our credit reference agencies, which is retained on your credit file for 6 years.

 

To avoid this detriment to your credit file, please contact us on 0844 822 4090 if you need to make a payment, if your are in financial difficulties, we can also discuss what affordable payment plan options are avaliable to you at this time (I WROTE TO THEM DIDN'T I BUT THEY REJECTED THE OFFER)

 

If a 3rd party is acting for you, please pass a copy of thiss letter to your representative.

 

 

xxxxxxxxx

 

Credit reference team manager

[silverfox1961]

If you were to send a postal order to then, what are they going to do, send it back!

Whilst the marking of your credit file is unavoidable when in financial strife, so long as you are making token payments, it's highly unlikely they will go anywhere near a court.

 

I would still send the letter you posted above and see what they come back with

[scarborosmoggy]

I just found this what someone else sent to shop direct after getting near enough the same reply to their cca request ie no signitures, here it is, what do you think, should I send it? thanks for the good advice so far.

 

Account In Dispute

Ref:

Dear Sir/Madam

 

On xxxxx, 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 xxxxx.

 

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

[silverfox1961]

Things have changed sine that letter was written. Nowadays they can do almost anything-including court action- but the lack of an agreement means that the court case 'cannot' be enforced. The problem is that judges are enforcing debts on the back of a reconstructed agreement

[scarborosmoggy]

So do you think she should just write to them again with the take it or leave it offer of £10 a month until she finds work again, What was the reason for me to cca then if it doesn't matter if they had a signed agreement or not these days?

[scarborosmoggy]

difficult really, They are allowed to send a reconstruction of the agreement but it needs to have the name and address on it when the account was taken out. Have they done that?

If it should get to court, if no variations in the terms and conditions have been made then a reconstruction is likely to be allowed but if variations have been made then they should also produce a copy of the original.

 

The signed agreement(very) has the name and address on it when the account was taken out, the one with no signed agreement(Great uni) didn't.

[scarborosmoggy]

Nudge

[pulse90]

I need help too. I am paying VERY what the CCCS have suggested on a regular basis, but they have now sent me a default notice! I opened my account with them in 2007 when they were Littlewoods direct. I am beside myself and dont know what to do? I was always a good payer and it is not my fault that I lost my job!! Where do I go from here, can someone please advise asap?

Many thanks

[laalinz]

VERY are a right pain the the neither regions. I am just about to report them to FOS

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?276962-Laa-v-Very

[pulse90]

Please let me know as soon as you hear anything, as I need to know the best way of dealing with these people.

All the best

[scarborosmoggy]

UPDATE.

 

I sent the letter to great universal regards no signed credit agreement, they sent a letter back saying even though they had not signed credit agreement they could still prove they had a relationship with me by my purchase record delivered to my address, then the other day i get a letter from them stating they will no longer be pursuing me for the money owed on the account,.

 

As regards the very account, we still keep on wrriting to them with payment offer, they keep rejecting, we keep writing, they then want us to call them, we again write to them, they then reject the offer of payment again, they even have the cheek to say we haven't responded to them, our numours recorded delivery slips prove otherwise, shop direct are a total joke.

[The GodMother]

Just keep sending them the money. Better still set up a standing order and keep paying them buy that this way they cant say ur not paying also this way they can only send u the payment back but they wont do that in all honesty.

[pulse90]

Hi all,

I have set up an S/O of £10p/m, (which is more than the CCCS suggested, and I pointed this out to them, when I sent the breakdown of my income (not) and outgoings). They even text me to "thank me for my payment", but are STILL sending very threatening letters regardless!!!

My friend said that she used to be a tracer in the past (for a different company), and to just rip the letters up and ignore them, but I am not so sure about this? I have not yet asked for the credit agreement from them, should I still do this or is it too late. Still extremely depressed with this whole thing. Any further info would be much appreciated.

Thank you

:jaw:

[The GodMother]

Write to them advising you are going o be paying XX a month until this is paid off and any futher letter demanding more money or threathing you wit further action will be deemed as harrassement and further action MAY be thanken against them if they dont stop

[scarborosmoggy]

They've just SOLD the very account to Lowells.