my mums catalogue bill isnt getting any lower

[bill-k]

Thanks for the link to here, Lisa. This thread has been an eye-opener for me !!

 

And I really thought that by buying something from them, and making a payment thereon, one was deemed to have effectively signed a contract.

I still can't get my ugly head round this !!!

 

The things we assume are correct - just 'cos we've been told 'em !!

 

Amazing.

[pjdudley69]

Sorry to jump in on your thread Lisa, but I've been reading it with interest as I'm currently paying off a John Moores [Littlewoods group] catalogue debt. I can't recall ever having to sign anything when I started shopping with them, and Intrum Justicia are making my life hell, and I still owe about 1K to them.

 

I was just wondering, because I've been making payments towards this debt for the past 3 years or so, does that mean that I have 'acknowledged' the debt? All this credit stuff confuses me abit lol it doesn't appear to be as straightforward as claiming back from the banks!!

 

PJ x

[JonCris]

Yes it does but there could be other get outs.

 

You could make a start by sending a s77-79 CCA demand & see what if anything comes back. If nothing, stop paying (they can't enforce whilst in default) & demand a refund as they will have no legal title to the debt thereby any right to enforce it

[lisamellor]

bad news:sad:

 

mum received this today.

 

application for flexible account

credit agreement regulated by the consumer credit act 1974.

 

signed credit agreement!

 

bummer. oh well this is my next course of action

 

my mum has her statements so i am going to go through them. get the total and request that they take the amount from the balance outstanding. then send them a letter asking them to freeze the interest and also send them a budget for my mum showing how much she has to live on, and offer them £1.00 a month. if they refuse this then i will ask them to wipe the debt off totally as she will never be able to clear the debt. then if they take it to court i will ask the judge to wipe the debt off due to the circumstances that she is in.

 

lisaxx

 

p.s the other catalogue has not send the credit agreement, and i have sent them a letter requesting they cease transmitting data as they have no right to and to also refund all monies paid to them.

[pjdudley69]

Yes it does but there could be other get outs.

 

You could make a start by sending a s77-79 CCA demand & see what if anything comes back. If nothing, stop paying (they can't enforce whilst in default) & demand a refund as they will have no legal title to the debt thereby any right to enforce it

 

 

Thanks for this Jon. Do I send the CCA demand to John Moores, Intrum Justicia, or both? Also, is there a template anywhere for this letter, as I can't seem to find it in the library?

 

Thanks in advance

 

PJ x

[JonCris]

John Moores. Write to Intrum & tell them that their client is the subject of a s77-79 demand & you are not prepared to communicate with them until their client complies. Also advise them that if they harrass you anymore you will consider it criminal conduct & report them to the authorities

 

Also ensure that the agreement you have received IS signed by your mum & the Cat Co.

 

Amend to suit

Their ref:

By Special Delivery

Consumer Credit Act 1974 s78 (1) Demand

Their address

Dear Sir or Madam:

1. I require you to supply me with a true copy of the credit agreement under which this account is conducted. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.78 (1) for running – account credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number

 

3. You are notified that you are obliged to supply these documents, under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law

Yours faithfully

CC to DCA

Your address

[lisamellor]

yes it is signed by both:(

[JonCris]

& does it have all of the relevant details as required by the CCA, Full T's & C's, Amount of credit allowed, Interest rates, Payment term & method etc:

[lisamellor]

no it doesnt

 

it says application for flexible account

 

please complete the sections below and return to littlewoods flex in the envelope.

 

then it has my mums details which she wrote and the account number.

then it says this is a credit agreement regulated by the consumer credit act 1974. sign if only you want to be bound by its legal terms,

 

then it is signed by some one at littlewoods. the only thing i can say though is they havent put the date on it. and it says under the box where they have signed it date of agreement which they have left blank.

 

do you think this is something to go on??

 

cheers lisax

[JonCris]

If it ain't dated then it is not properly executed as per the act.

 

After all the date of any contract is very important

 

Also if it claims to be a regulated agreement & doesn't state an APR that will also mean it isn't properly executed.

[lisamellor]

this is great!! so what would you advise my next action would be then jon?? is there a letter somewhere?

 

cheers lisaxx

[lisamellor]

well i sent them another letter that they received on the 2nd jan, saying that they have not complied with the request theirfore the debt is not unenforceable. havent heard a peep yet!

 

lisax

[gizmo111]

well i sent them another letter that they received on the 2nd jan, saying that they have not complied with the request theirfore the debt is not unenforceable. havent heard a peep yet!

 

lisax

 

I hope you said the debt was not enforceable - not unenforceable and that is just a typo above:confused:

[lisamellor]

yep, just a typo!

 

lisax

[lisamellor]

hi all,

 

well i have sent the letter asking for them to refund all the money paid to them, they have not done so.

 

i was wondering where to go from here.

 

how do i go about getting the money back, if not all of it them at least the charges. what do i put on the particulars of claim etc etc.

 

cheers lisaxx

[chezt]

Just wondered how you were going with this Lisa ... I'm subscribed to your thread as I'm going this route with littlewoods

[lisamellor]

hi there,

 

the local trading standards have got the info on littlewoods at the moment.

 

they said that they were going to speak to the home authority today and get back to me, havent heard any thing yet.

 

they did say though that an application is an agreement to which i said but there is nothing on it about the apr etc etc which should be on a agreement, she agreed with that. i said and if the application was valid why would they send out a unsigned credit agreement.

 

we will see what happens.

 

lisaxx

[chezt]

hi there,

 

the local trading standards have got the info on littlewoods at the moment.

 

they said that they were going to speak to the home authority today and get back to me, havent heard any thing yet.

 

they did say though that an application is an agreement to which i said but there is nothing on it about the apr etc etc which should be on a agreement, she agreed with that. i said and if the application was valid why would they send out a unsigned credit agreement.

 

we will see what happens.

 

lisaxx

 

Good luck with this then - please update your thread if you get chance as I would be interested to see where it goes ... again .... good luck

[JonCris]

lisa who said that an application is an agreement..........please don't say it was TS?

[pugsley]

any news on this?

[lisamellor]

well i havent heard anything from t/s or either catalogue upto date, which to be honest suits me fine. dont really know where to go, as t/s are as useless as a chocolate fireguard.

 

my mums happy that they have stopped mithering her, i would be happy if they took her to court, then at least we would have an end to it at least.

 

lisaxx