sbroad v empire stores (F W Oakes)

[sbroad]

Hi

 

I sent a cca request to F W oakes about my empire stores account, they sent a copy of empire stores credit agreement but not a signed one as they say it is not necessary on a catalogue account.

 

Any idea if this is true?

 

Thanks

Sam

[mutzi]

They sent you a blank credit agreement and then said no agreements necessary? Amusing

 

If they gave you credit then they need a signed credit agreement to enforce it. There are a few exceptions but catalogue companies are not in that list.

[sbroad]

Hi

 

 

This is the copy of the letter I received from F. W. Oakes (Empire Stores Catalogue)

 

On behalf of my client, Empire Stores, I refer to your letter of the 18/09/06 and your request for a copy of the signed Consumer Credit Agreement.

 

I attach a copy of the standard agreement which you should have signed in accordance with advice given to you at the time you established your home shopping account with Empire Stores. You appear to have an agreement as payments have been received. I attach a sample of your "your Guide to shopping with Empire" and direct your attention to the sections I have highlighted (nothing highlighted) which comply with the specific regulations affecting our business. Copy statements showing all transactions are also enclosed.

 

I must, however, correct your statement that we are under an obligation to provide a fascimile of a 'signed' agreement. The regulations only require us to provide a copy of the agreement and it is not necessary to provide a signature box. I refer you to "Regulation 3 - Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI.No.1557).

 

 

Can anyone tell me if this is true?

And any ideas what to do next if it isn't.

 

 

Thanks

Sam

[sbroad]

Hi

 

Can someone advise on the above post.

 

Thank you

[NailPost]

They said

 

I must, however, correct your statement that we are under an obligation to provide a fascimile of a 'signed' agreement. The regulations only require us to provide a copy of the agreement and it is not necessary to provide a signature box.

 

The law says - from the Consumer Credit Act 1974

 

'a statement signed by or on behalf of the creditor showing, according to the information to which it is practical for him to refer'

 

(a) the state of the, account

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor

[dax]

Are you still paying off this debt, or is it an old one you are going over?

[sbroad]

I am supposed to be paying but as it is in dispute over the signed credit agreement, I'm not. Just trying to decide how to reply.

 

Any ideas - based on their reply as in one of the above posts?

 

Sam