CCA question - Oli (a Freeman's sister company] cat 'debt'

[DEBTFREEFUTURE]

Hi,

 

I had an online account with Oli (a Freeman's sister company) opened online in 2007.

 

 

The account defaulted in 2010 but Lowell have recently increased activity re. recovering the outstanding £1800.

 

 

I have had many health issues over the past few years which resulted in me defaulting on a few credit accounts.

 

 

I emailed Lowell and offered a full and final settlement of £300 and a request to remove the default from my credit file

(I know this is unlikely but I thought I'd have a go).

 

 

They came back to me and advised that the lowest they could go was £769.

I then wrote back offering £10 per month which they accepted.

I requested a copy of the original credit agreement before I would proceed with any payments.

 

 

This was their response:

 

I can confirm that there is no original credit agreement,

the purchase was made from Oli.co.uk which is part of Freemans Catalogue.

The acceptance of an order online makes you subject to the terms and conditions of the creditor.

If you have never purchased goods on-line from this company please contact action fraud on 0300 123 2040.

They will investigate to establish if any fraudulent activity has taken place on the account.

 

Is this information correct?

Any advice is much appreciated.

 

Kind regards

DFF

[fkofilee]

Nope... If it was a credit account then they would have had to provide you with T&Cs based upon the Consumer Credit Agreement that you would have had applied to you.

If they dont have one, then you shouldnt really be making an offer to pay. Any credit account (Bar Overdraft) is subject to a Consumer Credit Agreement.

 

Youve been had there.

[citizenB]

In response to an s78 request you entitled to terms and conditions from both inception and at the time of default (or currently if no default). If variations have been made to the agreement at any time, then you are entitled to a copy of the variations as well.

 

However, by offering a full and final settlement or £10.00 per month, I would think that you have acknowledged the debt - especially as you have done this in writing

[DEBTFREEFUTURE]

In response to an s78 request you entitled to terms and conditions from both inception and at the time of default (or currently if no default). If variations have been made to the agreement at any time, then you are entitled to a copy of the variations as well.

 

However, by offering a full and final settlement or £10.00 per month, I would think that you have acknowledged the debt - especially as you have done this in writing

 

Hi,

 

Thanks for your response.

Does this mean that the debt is enforceable having acknowledged it?

 

 

I'm happy to pay a full and final lump sum settlement but can't afford what they are asking for.

 

 

A default for this account has been added to my credit file but I am concerned that if I only payback£10 per month

it will continue to affect my credit rating (as Lowell have informed me it will take 15 years to repay

and my credit file will be affected for this period of time).

I'm also concerned of them proceeding with CCJ.

 

Thanks again

[dx100uk]

a default is on your file for 6yrs from its birth

after that date, the whole account vanishes

though that does not mean the debt vanishes

 

 

if they hold no signed agreement

then as this account was started pre apr 2007?

they will need that if they wish to proceed to court.

 

 

making payments or not, will have no differing effect on your credit rating .

 

 

they can 'ask' for payment

you can 'ask' them to go away.

 

 

your choice.

 

 

dx

[DEBTFREEFUTURE]

a default is on your file for 6yrs from its birth

after that date, the whole account vanishes

though that does not mean the debt vanishes

 

 

if they hold no signed agreement

then as this account was started pre apr 2007?

they will need that if they wish to proceed to court.

 

 

making payments or not, will have no differing effect on your credit rating .

 

 

they can 'ask' for payment

you can 'ask' them to go away.

 

 

your choice.

 

 

dx

 

Thanks d,

 

The account was opened September 2007 ..... does this make a difference?

[dx100uk]

yes they could poss claim a recon is acceptable

 

 

whatever they send you

scan the whole thing up and we'll check it

[DEBTFREEFUTURE]

yes they could poss claim a recon is acceptable

 

 

whatever they send you

scan the whole thing up and we'll check it

 

Thank you!