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comebackjimmy

Laredoute/Droyds CCA compliance

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Hello All

 

I am assisting a lady with a catalogue card debt as she is struggling to make the (modest) monthly payment.

 

Many years ago she had an account with LaRedoute which went into arrears and she ended up in a £5 per month payment plan with Droyds Debt & Collection Services.

 

She has fallen into arrears with this. I asked her how much she owed and how big was the original debt etc. as it seems to me that this is an ongoing thing without any obvious signs of ending. She has not received any statements and does not know how much she has paid over the years.

 

I therefore used the CAG template CCA request and she has received two letters;

 

The first is from La redoute and the pertinent part is as follows:

 

We have checked our records and have been unable to locate a copy of the signed agreement. a copy will have been sent to you for signature when the account was opened in accordance with our standard process but it may be that you signed it but did not post it back to us.

 

I enclose a copy of the agreement that will have been sent to you when the account was opened which governs the account, subject to any variations subsequently notified, e.g. changes to interest rates. Terms and Conditions are also available on our website and in our catalogues.

They also sent a double sided photocopy of very poor quality of what looks like a blank Credit agreement. There is no customer number and no signature or date, and it is for most practical purposes, illegible!

 

The second letter is from Droyds saying they have received her payment of a £1 (which was sent as part of the CCA request). They have credited it to her bill despite the wording of the CCA request stating it was not to be used for anything other than the CCA request) and is demanding the balance of £4.

 

May I request members help to answer the following:

 

1. Is their response a compliant one?

 

2. If not, am I right in thinking she can stop paying until such time as they produce a compliant response?

 

3. Am I right to take the position that no further communication need be made to them at this point?

 

4. Given the frank admission by LaRedoute that they do not have a signed copy of the Credit Agreement is it actually all over for Redoute as far as this account is concerned?

 

Many thanks for your interest.

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neither can do anything

stop paying

droyds are their In house DCA anyway.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Many thanks DX.

 

I was fairly sure that was the case but useful to have expert opinion.

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