Shopacheck Reconstructed agreement

[microbar]

Hi my wife has been paying shopacheck for years now we were down to paying £3 a week.

 

We owe approx. £100.The loans were from 2003

 

Then when the new government legislation came in IE bedroom tax etc. we had to drop this to £1 a week. I am disabled on ESA Support. After a couple of weeks the agent stopped calling.

 

We then received a letter from shopacheck telling us we needed to pay the contracted payment.

 

I wrote back and told them that is all we can afford, They then said they were going to send someone to my house, I sent them a letter to the effect of do not darken my door etc.

 

As shopacheck have now got very unpleasant I decided to send them a cca request.

What we received back was a Recon of an amount we have not borrowed, It looks like all the accounts have been consolidated together, It also states 0% Interest.

 

My question is as these loans were taken out in 2003 would a reconstructed agreement stand up in court,

 

As I was led to believe a debt before April 2007 would need to have the original signed agreement, To enforce the debt. And also as the amount stated on the recon does not amount to any loan we have taken out before, would this recon be enforceable in court.

 

I have enclosed the recon that shopacheck sent me if someone could take a look at it and advise a letter to send back to shopacheck thank you.

 

http://i260.photobucket.com/albums/ii16/microbar123/doc1.gif

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Edited June 3, 2013 by microbar

[dx100uk]

urm..

 

you are still paying welcome finance doorsteppers in 2013 for £500 loan from 2003!

 

don't think that's correct.

 

have you SAR'd them for all the statements?

 

me thinks you've been had blind here.

 

 

and no they will need the org signed agreement

but they'll never go near a court for a doorstepper account

 

they'll be eaten alive by the judge.

 

dx

[microbar]

fraid so disabled in 2004 so have paid token payments since then

yes received statements owe around £100 now

But loans started around 2000 and look as though they were consolidated into one loan.

I would continue with token payments but shopacheck have have now got very unpleasant.

hence the cca request.

So they will need the orig agreement

If you look at the recon and letter it mentions carey case etc and they think this agreement would stand up as enforcable .

So do I tell them the account is still in dispute ?.

Edited June 4, 2013 by microbar

[dx100uk]

well as that recon says 0% int

I bet you've paid 5 times over by now.

 

time to stop

 

dx

[Conniff]

Definitely stop paying now. If they recon that is a true copy at a rate of 0%, and if you had been paying just £1 for the last ten that would work out at £520, so at the rate you have been paying you have repaid thousands.

[citizenB]

It might be worth you trying to work out exactly how much you have paid them.

 

The agreement states that you will pay £566.00 on borrowing of £500. It is an interest free loan.

 

Your contractual payments were £3.77 for 150 weeks

 

Do you know if there has been interest or default/penalty charges added to the account - if so, you should be able to reclaim these.

 

A simple spread sheet will soon work out how much you have repaid them since 2003.

[microbar]

Asked my wife she said they added all the outstanding loans together and she then was asked to pay this over 150 weeks no interest.

Looking at the spread sheet we owe around 50 pound, there were a lot of weeks that the collector did not collect.

No extra has been added but my argument is should they not have to produce the original contracts before the loans were consolidated together.

As my cca request thanks.

[dx100uk]

ah refinancing eh!

 

i'd suspect you owe nowt as they would have carried over the int without a rebate?

 

pers i'd sar them

 

and include a letter with regard to could they please supply copies of all the org agreement as it appears from personal records you have [ they wont know you don't]

that there was not interest rebated before the loans were all consolidated

 

and ask for copies from the collectors notebook pages relating to this.

 

until they do, you contend you prob owe nothing.

 

dx

[paulwlton]

looks dodgy to me

[microbar]

looks dodgy to me

Can you please expand on your findings thanks.

[dx100uk]

they are hiding something by giving her a 0% loan.

 

convenient that eh!

no agreements availiable...

 

dx

[microbar]

they are hiding something by giving her a 0% loan.

 

convenient that eh!

no agreements availiable...

 

dx

 

Yeah I was going to write back with the following,

 

The agreement you have supplied is defective and does not constitute a valid contract,

You have furnished me with what looks like a consolidated agreement

,Which has no relevance to the original agreements,.

Also as this agreement is dated 2003 you would need the original agreement to enforce this through the courts.

 

Is there any thing you think I could add or remove thanks all.

[dx100uk]

IMHO I would do nowt bar SAR them.

 

dx

[microbar]

I dont really have the means to spend £10 on a SAR

I thought any agreement before april 2007 had to be the signed original agreement to enforce this through the courts.

.

[dx100uk]

you are correct but my feeling are they owe YOU!

 

dx

[microbar]

you are correct but my feeling are they owe YOU!

 

dx

 

yeah they probably do But I just want them off my wifes back as she is not well.

I might add that they may owe me money in my reply.

I just need to formulate a reply to warn them off for good if any one can come up with one thanks

[dx100uk]

get that sar off and within 60days I bet you'll be demanding they pay you.

 

theres nowt hey can do to her or you

its a civil debt.

they are not bailiffs

 

dx

[paulwlton]

Agree with above send an DSAR.

[microbar]

We have now received the following today from shop a check and CL Financeltd.

http://i260.photobucket.com/albums/ii16/microbar123/LETTERA.jpg

 

 

 

http://i260.photobucket.com/albums/ii16/microbar123/LETTERB.jpg

 

I have informed them repeatedly they have not complied with my request for avalid cca and what they have sent me is defective and unenforceable plus the documents t&cs are illegible.

 

But they are in denial of this by saying they see no reason why I have notpaid the outstanding amount.

 

I will be sending a bemused letter any suggestions thanks.

Edited July 24, 2013 by microbar

[dx100uk]

that's just the assignment letters that the debt has been sold

basically means shopacheck lnow they are stuffed

so have sold the debt

 

lemon!!

 

dx

[microbar]

Are CL finance not part of SHOPACHECK Anyway I thought they were all in with cattles group.

 

Also are the letters rather against consumer credit Law.

IE CL finance are taking over but you need to pay lewis.

 

This seems to be confusing for any customer and the consumer credit Law asks that only one creditor should chase a debt at any time.

 

So what do I do now just Ignore or inform CL they have bought a lemon ?.

 

Thanks again for all your help here.

Edited July 24, 2013 by microbar

[dx100uk]

yea cl are lewis/welcome sorry

 

dx

[microbar]

So what in your opinion should my next move be, Obviously Lewis are now going to start there threatograms.

 

Do I report shopacheck for passing on a disputed debt.

 

Do I inform Lewis they are in trouble for not checking if the account was in dispute?

 

Any help thank you.

[dx100uk]

to be frank

neither of those 'actually ' make any real odds

in the great scheme of things.

 

 

how the sar going?

 

dx

[microbar]

to be frank

neither of those 'actually ' make any real odds

in the great scheme of things.

 

 

how the sar going?

 

 

dx

 

Still waiting for the sar documents they have received my SAR letter about four weeks ago.