Question re TV shopping and outstanding debt

[Abby25]

Hi all,

 

Although I have my own view on this, would love others comments and thoughts ..

 

A friend (well my hairdressers sister !) has purchased an item from a TV shopping channel - which was on available on easy payments.

 

The easy payments are in essence the total purchase price divided by in this case 3 (1st payment at the point of purchase, follwed by 2 further payments at following 30 day intervals, via a registered debit or credit card), this arrangement is open to both old and new customers, and there are no credit checks or credit agreements required or signed. (apparently they are legally permitted to offer upto 4 easy payments without having to perform any credit checks etc).

 

Anyway to the issue ... she bought an item on the above, paid the first payment, the item is out of the 30 day money back period, and she can't meet the 2nd payment.

 

The provider has sent her a letter stating that as she has missed the 2nd payment, the full amount is now payable immediately, with her account to be referred to an external DCA if she does not pay the amount in question by return.

 

Now, she is happy to come to an arrangement with the DCA for reduced payments over a prolonged period to clear the os amount ... but the first thing that struck me is that there is no CCA in place/regulation under the CCA74 - so how far could this really be pursued ... indeed could they even put a default on her credit record ?

 

Comments, experiences or general chat welcome on this ...

 

Abs x

[unclebulgaria67]

It will just be case of the contract terms under the easy pay arrangement.

 

This will no doubt include having to pay the full amount, using DCA's and noting the persons credit record. Just because the easy payment was not under a consumer credit agreement, with credit records checked, does not mean they can't note the debt on a credit record.

 

Read the t&c's of the easy pay agreement she signed up to and get her to make a complaint if there is scope.

 

If it is the shopping channel I think it is, they won't offer any alternative finance. It is either pay the amount due or it is passed for debt collection. They can obviously go for a CCJ, if she did then not agree a repayment schedule. That is something she would need to discuss with whatever DCA that deals with it.

[Abby25]

Yes, I;ll get hold of the published T&Cs, as they don't provide them with any easy payment arrangement ...

 

I agree on the default an recording of date .. but without a CCA, or signed (neither by hand or electronic means) how could a judgement be awarded ?

 

Abs

[Abby25]

Here are the T&Cs I have found re the easy pay option we are discussing ...

 

"On selected products and in conjunction with selected services, xxx offers you the chance to spread payments of a product over the course of two, three or four equal monthly interest-free payments (“Easy Pay”). These offers are often available for a limited period only. When a product is available on Easy Pay, you will be informed of the offer alongside the price information on screen or on the relevant web pages. With Easy Pay you must pay with your debit/credit card and the first instalment will include any delivery charges. You are responsible for paying all instalments and you must inform us if you change your debit/credit card or if your debit/credit card expires or is no longer valid. Any declined Easy Pay payments will result in you losing the right to pay by Easy Pay instalments and all outstanding sums will become due immediately."

 

Comments !

 

Abs x

[BRIGADIER2JCS]

Quite legal all seems to be fully explained.

[Abby25]

Yes perfectly clear that they require all os EPs at once ... or is that your answer to the CCJ question ??

 

 

A

[BRIGADIER2JCS]

Yes perfectly clear that they require all os EPs at once ... or is that your answer to the CCJ question ??

 

 

A

A debt does not need to be covered by The CCA 1974 for a CCJ to

be given, anyone can issue a claim for money owed, in this case

thre are clear Ts & Cs in evidence it would be down to the creditor

to decide what if any action would be taken.

[Abby25]

Thanks B.

 

Does anyone else actually have any experience who can comment on this ??

 

Abs

[BRIGADIER2JCS]

Thanks B.

 

Does anyone else actually have any experience who can comment on this ??

 

Abs

 

I would think that this might be a fairly rare occurrence,

so it would be down to the creditor to decide on action

though I would expect any reasonable offer of payment

to be accepted.

Is this a large amount.?

[unclebulgaria67]

Not had experience of this. Might be better off adding a post to the folders relating to shopping or retail issues. This issue may have cropped up, where people, have stopped payments because they were unhappy with goods after the 30 day period.

[BRIGADIER2JCS]

That I have seen and must say was very well resolved

by the site concerned.

[Abby25]

Thanks Guys ... the 2 os payments amount to apx £260 (from what she has told me), just wanted to be able to give her some advice if I could, and as no experience of this myself popped straight on to ask who had ...

 

Will nip over to the forum you mention Uncle B. ... (so if you see my post re the same issue on there .. don't report me for double posting !!!).

 

Anything else you think of keep it coming !!

 

Thanks as always ....

 

Abs x