unsigned contract and unfair charges ace cards and gifts

[alanwc]

Hi guys am new to the form and looking for some advice,

 

I spoke to the national debtline and the sent me an info pack,

which I used there template letter (information about your credit agreement under consumer credit act 1974 sects 77-79)

 

the catalog company replied with an unsigned contract and a very interesting statement,

 

2 questions

 

1) has anyone got a template letter where I can challenge them saying I don't believe my partner signed a contact

(debt line said normally if they had a signed contract they would have sent it) ?

 

2) my partners orginal debt was £425

she has paid about £701 back already

and they still asking for around £500,

 

there lots of service charges and deafult sums they are asking for and the default sums are £20 a time

(charges add up to not far of £800),

 

not sure but yet again the debt helpline guy said could challenge them cause they sound like unfair charges on the amount,

 

yet again they told me to write a letter quote about office of fair trading debt collection guidance 2011

and saying about how the charges ect are disproportioniate and dont actually represent any necessary costs

 

please please can someone help im no good at writing letters and really feel what this catalog company is doing to my partner is wrong,

these charges are crazy, can someone help with a template letter???????????

 

 

Thanks Alan

[alanwc]

im gonna scan letters ect in order of how they came and what ive said and sent to them in reply to give you and idea what i mean.

[alanwc]

first letter was sent by moorcroft to which I filled out there online earnings form for my partner basically sayin x and y = they get £0

[alanwc]

[ATTACH=CONFIG]37687[/ATTACH]

moorcroft.pdf

Edited August 20, 2012 by alanwc

[citizenB]

You will need to follow the instructions below in order to post up your documents.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[alanwc]

then we heard no more but then a year later these guys send one

ccs.pdf

[alanwc]

to which I replied saying this

 

 

 

 

 

 

 

24th July 2012

 

 

 

 

 

 

COMMERCIAL CREDIT SERVICES

BELLWAY HOUSE

7 WORCESTER ROAD

BROMSGROVE

WORCESTERSHIRE

B61 7DL

 

 

 

Dear Sir/Madam

 

Account No:

 

With reference to the above agreement, I would be grateful if you would send me a copy of this

Credit agreement and a full breakdown of the account including, any interest or charges applied. I

Understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a

Copy of any credit agreement and statement of account on request. I enclose a payment of £1

Which represents the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of any credit agreement along with a statement of account should be supplied

Within 12 working days.

 

I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an

Agreement if they fail to comply with the request for a copy of the agreement and a statement of

Account under these sections (sections 77-79) of the Act.

 

I look forward to hearing from you

 

Yours faithfully

[citizenB]

Ok, both the DCAs are acting as agents only.

 

It is not within their remit to instigate litiagation, only the original creditor can do that.

 

Was the original arrangement made under the protection of the CCA1974 ? Have any default notices been issued (by the original creditor).

 

Whilst your s78 request (CCA) remains unfulfilled then in theory, they can start litigation.. but cannot obtain judgment.

 

I am assuming if you dont have a contract/agreement then you dont have any terms and conditions either ?

 

I would say you would be able to reclaim the service and default charges.

[citizenB]

When did this relationship start and when was the last payment made to the account ?

[alanwc]

just scaning the reply I got and converting will upload the covering letter/ unsigned contract and statement now, 2 secs

[alanwc]

original debtor reply/ unsigned contract/ and satement

all .pdf

[alanwc]

thats the all I got back of them but like debt helpline said it seems like they may not have a signed copy if they didnt send one thats signed

[citizenB]

If you genuinely DID NOT sign an agreement,then you havent agreed to these terms.

 

Were you ever presented with one to sign ?

[alanwc]

my partner said she was never sent a contract, she did say filled out a form to get the catalog though.

[alanwc]

what do you think about the charges ect? the debt helpline said they sound unfair, but im no expert on any of this as all they can go by is what I tried to explain to them, Ive put a star next to the invoices on the statements and the rest are payments made, one credit for an item sent back and lots of charges

[dx100uk]

if you have ALL the statements

 

then get reclaiming all those PENALTY fees.

 

FosCISheet v101.xls

 

as for the 'contract'

 

your first order normally signs you up to the CCA.

 

they do send one to sign and return

but most people dont

dx

[citizenB]

The OFT have more or less accepted that £12.00 is not fair but only if the charges are above that amount will they take action.

 

Those charges applied to your account are £20.00 !! Even so, do as dx has suggested and reclaim them

[alanwc]

cool cheers am I right in saying I could take it to the financial ombudsman and complain to them about to?

[dx100uk]

about what?

 

dx

[alanwc]

about the charges saying they are unfair?

[dx100uk]

TBH the FOS dont usually get involved in that

 

the FSA are your bunny they made the 'guidelines.

 

howev

 

i'd jump that hurdle when/if you need too.

 

dx