Shop Direct CCA, is it correct? I am confused now!

[minmoo]

thanks tingy. The account is already in dispute and their latest letter is denying and problem. Can i point out my disappointment with the cca in the same letter as the sar request or should they be kept separate? Perhaps in the form of a complaint.

[Tingy]

Could you post up their latest letter, obviously omitting any personal details?

[minmoo]

Hello Tingy, good evening to you

 

I have uploaded both pics as i wasnt sure which one you meant. Interesting heading on the cca one with use of the word 'request to invoke credit agreement'.

 

Thanks!

 

 

[Tingy]

thanks tingy. The account is already in dispute and their latest letter is denying and problem. Can i point out my disappointment with the cca in the same letter as the sar request or should they be kept separate? Perhaps in the form of a complaint.

 

Hiya MM,

 

They honestly have not got a leg to stand on if they think that complies with a CCA request. In your CCA request you asked for a copy of the original credit agreement which, by law, they have to supply within 12+2 working days. In their response they say They've already supplied you with this at the time of opening your agreement. This is 100% totally irrelevant. They have to supply it again, NOW as per your request.

 

I would send a very strongly worded letter pointing this out and stating that the account is already in dispute. If you would like I'm more than happy to put a letter together for you. They should not be persuing any collection activity on the account until the dispute is resolved -ie- until they have sent you a copy of your original agreement either true, or reconstituted.

 

Also note it says your account MAY be passed to external collection agencies, not WILL be - I suspect they know full well they can't comply and are trying to scare you into making payment. As it is in dispute you do not have to pay a penny until the dispute is resolved.

 

If you want any more help give me a shout.

[minmoo]

The devil could be in the detail with regards to their point one i guess. I assumed they were referring to the cca they sent me dated 2007 but now i re-read it they are saying they have sent it at the time of opening and what they have recently sent is an update! Good spot indeed.

 

In fact, if i was to go by their latest version of an agreement then it doesnt mention anything about the many 12 pounds they have added to the account over the last year and the only mention of apr is at 0%. Cheeky monkeys. Why on earth dont they let me just make the payments i can afford and let me pay of this debt instead of playing silly boogers

[Tingy]

E-mailed letter to you - let me know what you think.

[minmoo]

hi tingy, i have just been reading and it scared me lol. I nearly choked on my tetleys haha. I will send it tomorrow and post any replies up as and when i get them. In light of that letter do you think i should resubmit my payment off or wait for a reply? Very grateful for your help though tingy, hopefully i will be able to return the favour one day

[Tingy]

That has to be entirely your choice. The account is in dispute, they can't enforce it without an agreement so you don't have to pay anything. If you do pay it is totally voluntary as a goodwill gesture and can be any amount you want ranging from zero to whatever. They cannot make you pay a penny unless they produce the agreement.

[minmoo]

Well i am happy to pay it back at payments i can afford.

 

So another letter, headed PRE ESCALATION (yes in red) dated 15th feb telling me i have to pay TODAY or by the 21st feb else it will be passed to Nationwide Debt Recovery and there will be nothing else they can do to help me. Sadly i didnt get it until the 23rd so i think my chance has gone! Second class post as well, dear me.

 

They say they are disappointed i have made no attempts to pay, they seem to have forgotten that they refused my payment offer of over 20 quid a month. So, should i get a default notice or is this just a department down the aisle? Surely if they are selling the debt on i should get a default notice!

 

Still waiting for a reply to your last letter Tingy by the way.

 

Cheeky monkeys

[Tingy]

Hi MM,

 

I think these have just crossed in the post. It's one to ignore anyway. If they pass it on then we just deal with a different bunch of people, if you don't get a NOA then we send a Prove It letter, if we do then we send another CCA request which we know they can't produce. Into dispute, job done then wait till it's passed on again.

 

I suspect they will reply to that letter though.

[minmoo]

Thought as much, it just made me chuckle with regards to the dates. I was ready to fire up the Delorean lol

[Bazooka Boo]

Wow! Can't believe I missed all the fun already! What the hell have I been doing?

[Tingy]

BB, you're slipping up. You OK?

[Bazooka Boo]

Been having a raging battle with my landlord (housing association) and I haven't even started yet!

[Tingy]

Sorry to hear that - Housing Associations are normally pretty good to deal with. Hope you get a good resolution - not much doubt about that knowing you! lol

[minmoo]

Evening Tingy & BB. I suppose it is a form of fun in its own way lol, No point getting down about it thats for sure! Now i have seen the various templates many companies and dca's send out i dont think i will get so spooked by them.

[Tingy]

Evening Minmoo! Hope it's better where you are than here. Blinds and curtains firmly shut and looking forward to my meal - the weather is horrendous for the fourth day running. That will teach me to live in the Welsh valleys!

[minmoo]

This may be hard to believe, but its a lovely evening here in my area of costa del cymru lol.

[Tingy]

My parents live on Anglesey and apparently it's lovely there too!

[minmoo]

Oh well, another day, another letter. This one is in a nice shade of blue though which is much more pleasant. Amusingly they want to discuss a payment plan too, i am almost minded to phone and offer the one kays already refused but i think i will wait for a reply to tingys awesome letter before i do anything.

 

I imagine this is just another desk down the hall anyway. I will post it purely for diary purposes.

 

**Think i had better turn the resolution down on the scanner, these pictures could have some poor souls eye out they are so in your face **

 

 

[Bazooka Boo]

Certainly got his name right 'Gash' just like the letters he sends..

[Tingy]

Is that really the best they can do as a scarey letter? That's pathetic!

[minmoo]

I wondered if the poor fellows surname would be mentioned lol. I resisted but it was so hard

[minmoo]

Oh well, Tingys letter still hasnt been classed as delivered or signed for so i will have to send it again. Come on royal mail. Sort it out, this is happening more and more often!

[Tingy]

Maybe you'll have to send it again, or as often happpens with recorded delivery, maybe it got there in the middle of a bunch of letters. The only way to Guarantee delivery is Special Delivery which costs a fortune. All you need for court if it got that far is proof of posting and you've got that. Up to you really whether you resend it.