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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Great Universal Charging Goods Extended Terms Instead Of BNPL


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I purchased a load of goods for my kitchen November 2009 from the catalogue on buy now pay later paid them off but noticed the cooker and freezer were not showing queried this eventually when they could make head or tale of it they said they had been put on extended terms and that they had already been charging me for them, I argued that I had asked for all goods to be on buy now pay later why would I choose not to place 2 of the items on this.

 

I signed no credit agreement but they are insistent that this stands they have sent me a statement and terms of these 2 items as required by law yet they sent them only when I queried everything by law it said i should have got the details every 12 months got them 14 months after

 

I have requested a copy of the signed credit agreement what will they do now as I never signed one as didn`t want terms wanted to pay them off when the buy now pay later date was due

 

Where do I stand as they have added no end of interestlink3.gif at 29.9% cooker was £959 cash added £439.04 and freezer was £223.50 interest added is £66.45 started paying these on 21st November 2010

 

Any advice appreciated as I`m so annoyed wanted to pay the cash prices along with all the other items they put my fridge on the buy now pay later but not the freezer!!!

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How did you place the order? If you have written confirmation of it that the BNPL applied to all items then you've got them by the short and danglies, although from my own recollection I think they force you to call if buying BNPL (how convenient for them eh?).

 

As for a CCA I believe that after a certain point in I think 2007 that ticking the box to say you agree to the T&C's online can stand as a valid CCA with a catalogue company.

 

Sorry I can't help much further but I hope you get some answers.

Ex CAG helper ^_^

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re cca - 31/12/2004 for online agreements

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ordered over phone statements have become complicated to be fair even the staff can`t explain things too well over the phone. I recall getting a cca to sign but never signed or sent it back as I didn`t intend to accept the 29% interest I always put money aside for the end of bnpl and pay it off

 

I have nothing in writing showing the 2 items were not on added with rest of items as what they do is they just list your order as a bulk order in value terms you have no idea what is what till nearer the end of bnpl when I rang up about the 2 items not showing on the list to pay goods off I were told they were placed on extended terms instead of bnpl I ordered them all together so cannot make head or tale why 2 items escaped the bnpl my fridge got put on bnpl but my freezer as been put on extended terms

 

I have requested a signed credit agreement for the extended term goods but no idea how I go about this as I know I have not signed for credit

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re cca - 31/12/2004 for online agreements

 

Hi can I do anything about the interest being added to these 2 items without my knowledge? they won`t be able to show me any agreement signed as I have not signed for extended terms they had no rights to place these items on extended terms I never requested they did I wanted all items on bnpl so how thse 2 items were allocated different to rest of appliances I ordered as annoyed me

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I have requested a signed credit agreement for the extended term goods but no idea how I go about this as I know I have not signed for credit

 

As far as I know simply opening an account with these types of companies means that you have been given some form of credit, if you decide to use it or not. they have obviously been underhand if as you say they have decided to put items on credit terms rather then BNPL, possibly an error by the operator or maybe a way for them to make some commission I have no idea. Sorry I can't be of any more help, it seems they are a law unto themselves.

Ex CAG helper ^_^

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Going to ring trading standards ask their advice no idea if Great Universal are obliged to send me a copy of signed crdit agreement as I have requested one but I know for sure they will be unable to do this as I never signed one yes it doesn`t seem right that they can place 2 of the appliances on extended credit terms when I didn`t want to pay interest and have paid the other items off

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Trading Standards put me onto Consumer Direct they said Great Universal is in breach of contract placing a couple of the goods ordered in a bulk order with interest added to them of which I did not agree to or sign a credit agreement for they said I should resend copies of letter sent requesting copy of the credit agreement I signed and state they have 14 days to do so they won`t be able to send it as never signed or agreed to interest being added be interesting to see what if anything happens as my last letter was nearly a month ago and of course I have had no response to it

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I understand no signature is required. You were sent the form, received the goods and then starter to make repayments. They will rake this as an acceptance if the terms as you neither returned the form saying you rejected those terms, nor queried this until long after the goods were in use.

 

Now I agree this sucks, but the court will only look at the transaction as a whole, and your lack of rejection. Since you knew their APR, why did you not challenge or reject it? It is this you will fight hard to justify.

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I never knew that the 2 items out the bulk order had escaped the BNPL till it came to pay them off the total they gave was wrong not one of the Indian callers who dealt with me could offer an explanation to this I`d had not received any credit agreement to reject?

 

I kept ringing back till eventually some one was able to tell me 2 of the items had been placed on extended terms

 

I have never had goods on interest added I put them on calendar when they due to be paid off and I pay them off with money set aside

 

Strange that you don`t have to be sent a credit agreement if your agreeing to credit

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Historically (and I'm happy to be corrected) these 'catalogue clubs' were an exception and it has to be said, they were also the starting point for the main CRAs because they retained the payment status of their 'agents' to ensure they only used those who had an established track record.

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I have to go on what people tell me as I don`t know any different but consumer direct said they have to send you a credit agreement which you sign and agree to which I haven`t so they say they are in breach of contract? I will wait and see what they do after I have given them 14 days to respond

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Unfortunately CD often get it wrong more often than they get it right (from what we see on here). Nothing is black and White. You should have pushed for some additional answers, like - since they have no contract, can I stop paying? Will they be able to default me on my credit report? Will you assist me should they take me to court?

 

The answer to the last one will be "No".

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Thanks for that strangeley enough CD suggested inmy last line of communication to GU that I say failure to respond within 14 days will result in legal action being taken I always find that CAB not much use so now I learn CD about the same I get more help and accurate advice on CAG that`s why I come on here thanks

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They mean well, but CAG is better for real-world outcomes than theory. The requirement to respond in 14 days is unreasonable, and just what will the 'legal action' be, and whose paying for it? There is little point hurtling to the courts if you cannot afford to and and unsure of the risk of doing so!

 

Let them take 45 days to respond, it makes their treatment of your complaint look reprehensible, and without threats they might even agree to a suitable compromise without too much trouble. Take things easy, don't get riled or painted into a corner, but make them do all the running - that way, you're the one in control and never make false threats. Imply that you might take 'further action' no need to specify what that might be. If you decide the time is ripe to teach them a lesson, send an LBA stating your grievance, what you want done, and a timeframe to do it in (28 days is reasonable). If they don't, lodge the papers. Never threaten if you don't plan to follow it through!

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All took on board however I never make a threat I`m not willing to carry out took a case on against HMRC for a relative it was a complex case help and advice was given on here was awarded compensation

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Would a Subject Access Request to GU, unearth any information regarding this ?

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  • 2 months later...

Trading Standards threatning action against Great Universal they supplied a credit card agreement eventually which does not have my account number on, date, address etc Great Universal state they should be allowed to charge me interest on goods despite me stating that I never ordered goods on extended terms nor signed a credit agreement, it was a bulk order 2 of the items they singled out and added interest I have been complaining about this for over a year.

 

I have gone to make an order this evening and it says my order as been declined I have a large available credit and have always paid the bill on time so looks like they declined me because I took them to the Trading Standards can they do this to me, I was within my rights to ask them to remove this interest they added to my goods why now decline me as a customer

Edited by Laura Cooke
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Rang the catalogue today said all future orders are to be rejected off me for bringing an "Outside body in" to dispute my credit agreement she said I am regarded as I`m not paying for goods even though I have always paid on time have lots of credit left, only thing I`m disputing is having interest added to 2 items that were part of a bulk order. Woman on phone snotty and said interest would have only been added because I didn`t pay for goods at end of the buy now pay later told her I always pay goods off it`s just that 2 of the items were eliminated off the buy now and put on extended terms and I have said if I asked for this to happen where is the credit agreement that I signed agreeing to this. Of course they have been unable to produce my credit agreement as I never signed for goods on extended terms. They now choose to treat me as someone who intends not to pay for goods I have already had which is nonsense

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  • 2 weeks later...

I am still paying for them they put them on weekly from the day they arrived not known to me as the statements are not transparent rest of the order I paid for it when the buy now pay later ran out in October 2010 crazy as the fridge went through on the buy now but the freezer didn`t it was a bulk order of electrical appliances for the kitchen they probably think I am not going to finish paying for my goods now they have not been able to produce a credit agreement but nothing could be further from the truth I wouldn`t risk a very good credit record

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