Harrythehawk v La Redoute

[harrythehawk]

Haven't done too much with these yet and only owe a couple of hundred quid, however as part of the overall picture I am offering what I can afford to pay them on a pro-rata basis with my other creditors, they have winged about my first payment so I thought for a quid I would test the water with a CCA request. Jist of reponse as follows:-

 

Blank copy of a CCA provided which you WOULD HAVE signed at the time we established the account. We have acted in a way by using said account which indicates that an agreement was signed.

 

It then says copy statements are enclosed (which they aren't but there is a computer printout which doesn't tell me very much) and this enclosure satisfies the requirement of the CCA in regard to supplyin a copy of the agreement and accounts statements. - Eh ???

 

Then, to correct me ?? They say they are not obliged to provide a facsimilie copy of the originl signed agreement and are only required to provide a copy of the agreement and it is not necessary to provide a signiture box re Regulation 3 - Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI No.1557)

 

I look forward to receiving an offer of payment on the balance outstanding.

 

Now as I read this, I am being fobbed off here, for a kick off if they don't need a signiature box ..... why is there one on the agreement without a signiature on it !! I do smell some fear in this letter, anybody any comments or ideas on response if any ?

 

As I say I haven't actually said I will do or not do anything yet and all I wanted was a copy and I still haven't got it ?

 

Regs

 

Harry

[djweeble]

Lies, lies, and more lies

 

Stick to your guns and nail their asses to the wall

[harrythehawk]

The time has come ......... SAR going out tomorrow !!

[diskmandave]

I've posted this before, maybe this should be made available in the templates library? It's not my own work, something i've taked from another excellent thread.

 

OFT rsponse to failing to provide agreement:

 

 

For your information, the general effects of sections 77-79 requires the creditor/owner

(in the case of a hire agreement) under an agreement for (fixed-sum credit, running

account credit and hire agreement) to provide the debtor/hirer with a copy of the executed

agreement and a statement of account on request.

 

If a creditor/owner fails to comply with a valid request within a period of 12 days

(not including the date of receipt of the request) he may not enforce the agreement at all.

This prevents enforcement with or without a court order. If a default lasts for a month

(for example a calendar month) it constitutes an offence. We understand your concerns in

this matter but please do remember however that once the creditor/owner complies with

the request albeit out of time, he may once again enforce the agreement.

 

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement

and the statutory content of the agreement. The name, address and signature of the debtor do

not have to be provided. Additionally, the creditor must supply the total sum paid under the

agreement by the debtor; the total sum which has become payable under the agreement but

remains unpaid; and the total sum which is to become payable under the agreement by the debtor

(the latter two must include the various amounts comprised in that total sum and the date when

each is/was due). However, the copy must be a copy. It need not be exact on immaterial points,

but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have

difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody

would know what was in the original. When the trader comes to enforce the debt in court, he needs

to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot

otherwise.

 

In the absence of a copy of the original agreement someone's liability for a debt can only lead to

further query. However in circumstances like this we would view it is as unfair practice under

section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or

provide details as appropriate when a debt is queried or disputed.

 

Regards, Dave.

[harrythehawk]

Cheers Dave, will stick that in the armoury !!

[harrythehawk]

Interesting development, due to my post re-direction and lazy postman I got 4 days worth of post today. La Redoute thanked me for £1 payment, (it was the CCA fee), they can't accept it, have passed on to DCA. DCA letter, we are a DCA and will take you to court and charge you loads of money if you don't pay the full amount blah blah, yeah right ! Then another letter from the DCA, thankyou for payment of £2.50, this can only be accepted on a temporary basis, payment was made to La Redoute a fortnight ago !

 

Obviously, CCA on way to DCA - go away. What is slightly bothering me is that I haven't had a response yet to my SAR, are La Redoute right to pass on to a DCA with this still outstanding, we are still within the 40 days. Before the 40 days are up the CCA will be in criminal act territory anyway.

 

Seems like desperation as they are going to lose one way or another but I would still like to put them in their place if they have acted inproperly with regards to the SAR and appointment of a DCA.

 

Any comments ?

[harrythehawk]

Well here we are 3 months later, still no fully executed copy CCA, however ...

 

I did get a pile of statements but was missing about 18 months worth in the middle of the last 6 years, I wrote back and pointed this out and asked for them ...... then yesterday, letter with a single page .... they don't have copies for that period, only the balances for each month !!! I would kick off at this stage but unfortunately as I was getting very bored with them the day before I sent a "debt write off" letter as they haven't sent the CCA. I am sure this will end soon as they haven't asked for any money for so long. Will post outcome whenever that may be, might be another 3 months !!

[powelll]

It's a waiting game all right... dig those heels in nice & deep harrythehawk

[120805]

Good luck harrythehawk am at the same stage as you

[harrythehawk]

Got a "solicitors" letter yesterday, going to take me to court in 14 days if I don't pay up. Wow I am real scared .. not, sent back a letter I found on here basically saying well go on then, I would welcome the opportunity to point out several offences commited by them under the CCA 1974 to the judge.

 

See what happens there then !

[harrythehawk]

Just to let you know, nothing, nothing, nothing ....... have heard nothing since this last post, no letters, no phone calls, no court summons ....... nothing ..... that is so boring, well only another 5 and a half years to go until it drops off my wifes file !! My own file goes in the win box ... now gathering dust !!!