shop direct Very catalogue account No CCA but still hassling.

[hitchy1]

Recently i cca'd Shop Direct regarding a Very catalogue account. i received a letter stating they didn't have the original document but advising that the fact that transactions had taken place was proof of debt. I then sent the account in dispute letter and received a blank copy of an application form with another letter advising possible detriment to my credit rating. I cant post the document at the moment but the key paragraphs are as follows.

 

It is clear that by ordering and purchasing goods from us, you acknowledge that there is an existing relationship in place. In the event that you did not believe there was such a relationship it is unlikely that you would have bought and continued to buy goods from us.

The latest case law in relation to the enforceability of credit agreements has made clear that unenforceability does not mean that the rights of the parties under a credit agreement were never acquired or are extinguished.

 

It goes on to state there is an outstanding debt which incidentally is significantly less than i thought.

 

Any advice on next steps please.

[BRIGADIER2JCS]

They are of course right had you not entered into

an agreement you would not have had the goods

GAG cannot advise you on how to avoid a debt.

What was the original reason for the CCA request

which is not a route recommended for avoiding a

debt?

[hitchy1]

Quite simply it is down to a relationship breakdown and i find myself with no spare cash. I posted on here as it seems contradictory to what you are saying. The whole site is full of posts geared to avoiding debt, so what have i missed?

[hitchy1]

Can anyone advise on this please. Account dates back to 2000, Shop Direct have indicated no agreement. Surely a blank copy with o details or signatures is not enough to satisfy the courts?

[Conniff]

Make a written offer to them of what you can afford say £5 per month and send payment along with that letter. No matter what they reply about it not being enough etc, just continue to pay that amount each month, set up a standing order if you want.

 

There is no way that you can just ignore a debt and you will find that just because you can't afford it wont stand up in court as other recent cases have shown.

Courts have agreed that buying and making payments establishes an agreement was in existance.

[ims21]

Hi

 

As has already been said, paperwork errors are no longer a way out.

 

The cases being referred to include Carey v HSBC as wel as Rankines v Virtually the Rest of the World.

 

But don't forget, it is YOUR money and you control it so pay them what you can easily afford after all of your essential expenses. Even if that is only £1 per month. They may not like it but that is how it is. You tell them what they are going to get and not the other way around.

 

Regards

 

ims

Edited August 12, 2011 by ims21

[hitchy1]

Make a written offer to them of what you can afford say £5 per month and send payment along with that letter. No matter what they reply about it not being enough etc, just continue to pay that amount each month, set up a standing order if you want.

 

There is no way that you can just ignore a debt and you will find that just because you can't afford it wont stand up in court as other recent cases have shown.

Courts have agreed that buying and making payments establishes an agreement was in existance.

 

Ok, thanks for that. Is there a suggested letter i can use? i can probably afford £20 per month at most.

[BRIGADIER2JCS]

Hi hitchy,

If you are going to make an offer

that you can comfortably afford may

suggest not using a template the DCA's

have seen them all as we have seen

the one they send,a personal letter

setting out you offer will be more readilly

accepted IMHO.

 

Brig.

[Conniff]

I was going to say the same. Don't offer more that you know you can comfortably afford to pay each month without missing.

 

And the letter, also as the Brigadier says, just a simple one telling them that xxx is all you can afford at present and here's the first payment. Include a postal order or cheque with the letter and then make out your standing order or pay on line or the way you usually do, but don't set up a direct debit with them.

[hitchy1]

I have followed the advice, made a monthly offer which i can afford and sent the first two payments with offer to set up standing order.

I have now received a letter rejecting the offer and the charges they have added have now wiped out the payments.

I might as well go to court and let the judge decide, im not in a position to just wipe out the payments with charges.

[BRIGADIER2JCS]

I suggest now making formal complaint to the

Compliance Manager, setting out clearly and concisely

that your offer of payment is all you can afford and it

may have to be reduced to £1 per month at any time

and state you would be delighted for a judge to decide.

[gezwee]

Hi Hitchy

 

Do you have any PPI on this account?...... I note you now have charges to recover

 

Seriously though, what's the total balance [no need to be precise] and how much of this is made up of charges and PPI [if any]

 

Sometimes the simplest route is recovering your money first and see what's left to argue over

 

Gez

[hitchy1]

Hi Hitchy

 

Do you have any PPI on this account?...... I note you now have charges to recover

 

Seriously though, what's the total balance [no need to be precise] and how much of this is made up of charges and PPI [if any]

 

Sometimes the simplest route is recovering your money first and see what's left to argue over

 

Gez

 

Total is around £3k. No ppi on the account. think i will try the compliance manager route and see how they respond.

[BRIGADIER2JCS]

The C.M. route cuts out the''customer service '' parrots.

[hitchy1]

The C.M. route cuts out the''customer service '' parrots.

 

I received a letter from the CM advising that they will investigate fully and contact me again as soon as the investigation is complete.

Four days after their letter i received 2 more letters, one advising more charges for unpaid amounts and the other a default notice and of course both letters advising me to contact them on the advised number.

What now? do i wait for the CM investigation or do i contact them and refer them to my previous correspondence and offer?

[hitchy1]

Can anyone point out the next steps for me with this please. I'm a bit stuck now and dont know how to tackle it.

[BRIGADIER2JCS]

You have it already refer to the original correspondence

and off in WRITING.

[basa48]

I'd like to comment contrary to many of the posts here.

 

I had a similar issue with SDFC after they stated they had no signed credit agreement. They also argued evidence of transactions proved the debt. True, but that does not afford them a legal route to reclaim that debt.

 

I sued SDFC and won a complete write off.

 

The issue is that whilst the debt does exist there is no legal route for them to enforce a non existent credit agreement. How can they prove contractual interest and the agreed repayment schedule?

[BRIGADIER2JCS]

I'd like to comment contrary to many of the posts here.

 

I had a similar issue with SDFC after they stated they had no signed credit agreement. They also argued evidence of transactions proved the debt. True, but that does not afford them a legal route to reclaim that debt.

 

I sued SDFC and won a complete write off.

 

The issue is that whilst the debt does exist there is no legal route for them to enforce a non existent credit agreement. How can they prove contractual interest and the agreed repayment schedule?

The agreed repayments schedule would be seperate from

the agreement, if we are refering to payments less

than the original or a plan to repay arrears and normal

payments.

[hitchy1]

Sorry guys, just let me get the next steps correct. Are we saying i should refer to the correspondence received from the CM and point out that i am being harassed even before they complete their investigation?

[basa48]

The agreed repayments schedule would be seperate from

the agreement, if we are refering to payments less

than the original or a plan to repay arrears and normal

payments.

 

The agreed repayments scheduled I referred to would have been the one included in the original signed credit agreement - of which of course there is not one!

 

There is therefore no agreed original repayment schedule to be in default of.

[BRIGADIER2JCS]

To save me reading all again, did you sign

an agreement, tick a box on an online application??

[hitchy1]

To save me reading all again, did you sign

an agreement, tick a box on an online application??

 

No signed agreement online or on paper.

[BRIGADIER2JCS]

How was the account opened, and used???

[hitchy1]

How was the account opened, and used???

 

Not 100% sure think it was a paper agreement, but they cannot trace it.