Kerry Vs Catalogue - CCA please!

[kerry1983]

I've got an account with catalogue company simply be.

Sick to the back teeth of their outrageous demands I sent the the request for my CCA on the 18th January along with the £1 postal order which was cashed on the 21st January.

I then heard nothing - their 12 days were up, they were in default therefore unable to enforce the debt.

or so I thought.

Then happy valentines day - a letter from Reliable Collections.

 

Dear Miss Kerry

 

Re Simply Be

 

We thank you for your recent letter, the contents of which we note.

 

In relation to your request for a copy of the executed agreemen under section 78 of the Consumer Credit Act, I would refer you to regulation 3 (2) (b) of the Consumer Credit (cancellation Notices and Copies of Documents) Regulations 1983.

In it you will see that there is no requirement to provide a photocopy of the agreement bearing your signature; it is sufficient that we supply the Terms and Conditions to which you have agreed. We are therefore enclosing a copy of the type of Credit Agreement sent to you when you opened your account in August 2004.

 

Yours sincerely

 

Karen Wilson

Reliable Collections

 

IS this true or just a cleverly worded letter? I never signed anything, I certainly never received this with my first order, nor did I receive terms and conditions.

I really need help with this so please advice!!!!

[falcon185]

Hi Kerry,

unfortunately I think they are right, they are under no obligation to send you a (signed ) copy of your agreement but should the matter go to court they would have to produce the original signed copy to the judge. However, if this has been passed to a DCA while the account is in dispute then simply Be are in beach of the OFT guidelines. Worth looking into?

[kerry1983]

Ok, but reading other posts I was under the impression that if the company could not provide proof (the CCA) signed by both myself and them, then they are unable to enforce the debt? Hence the postal order and letter requesting it.

And also, if they sent the blank CCA way after the 12 days, surely they are already in breach?

[falcon185]

Yes, you are right. They havent produced the relative documents requested BEFORE 12 days (+2) postage, therefore they are in breach of the CCA request. The debt as far as I know is now unenforceable. A further calender month and they commit an offence. It looks like its been passed to a DCA by the letter, that should not have been done as the account is already in dispute.

[kerry1983]

Hiya ,well even though it says Reliable Collections, comparing the address to Simply Be's (they are the same) - I think Reliable is the collections department - probabaly a tactic to get me to pay quicker.

So what is my next action? Write them a letter saying that the CCA was not signed by myself and not enforceable, or they did not respond in the agreed time?

I don't want to contradict myself, they would prob jump on any little mistake I made.

The CCA agreement they sent me has absolutely nothing on it, no account number, no name, address, contact details or signature - I've never seen it before!

[falcon185]

IMHO I would leave it until the month has passed before contacting them, they have then committed an offence and would have to go before a judge to re-enforce the debt but first they would have to explain why they committed the offence. It appears that reading through 3 (2) (b) of the Consumer Credit (cancellation Notices and Copies of Documents) Regulations 1983.

that they do not have the original document. This is what it says if I have the right section:

 

3.2 What if some of the information is unknown?

Reg 2(2) provides that if any of the information required by Sch 1 paras 9-11 cannot be exactly ascertained by the creditor, estimated information must be used. Where applicable, this should be based on the assumptions referred to in Sch 1 para 10 (relating to APR calculation for running-account credit). In all other cases the creditor should make reasonable assumptions, taking into account all relevant circumstances.

The document must also include a statement of the assumptions made –

 

Found this on google but not sure if its the right one. Maybe someone else can advise.

[kerry1983]

thanks for your help, I will just sit on it just now and wait another few weeks

[falcon185]

To be totally honest Kerry I personally would take their response as not complying with the CCA request, the debt would now be unenforceable and after a calender month I would write to them indicating that they did not comply and that the debt is unenforceable. Then leave it unless the decide to go to court which they probably wont due to the offence they have committed.

[falcon185]

thanks for your help, I will just sit on it just now and wait another few weeks

 

 

Am I to take it your Scottish by the wording of your response?? ;-) and just noticed you are lol

[harrythehawk]

Hi Kerry, I have posed the same question in a thread I have set up for La Redoute, I have had exactly the same response and yes it has put doubt in my mind. It is trying to fob you off a bit, they don't have the signed agreement and throwing a few bits of the CCAct at you is supposed to scare you off, I am not even in dispute (yet) with La Redoute but my response was quite hostile and all I wanted was a copy document. They don't have it and don't like it when little people like us ask questions and they realise we do understand what we are talking about. Will keep an eye on the thread, so far advice is equally don't write - let them default and write to say you have tried your best to obtain the document. Like me you will be itching to respond and put them in their place but at the end of the day they will know they have messed up and the advantage is with you regardless.

 

Regards

 

Harry

[kerry1983]

SO!

I got a letter this morning from Reliable Collections (Simply Be's collection department)

YOUR ACCOUNT IS NOW GOING TO BE REASSIGNED

THIS MAY RESULT IN DEBT COLLECTORS CALLING AT YOUR HOME

WE HAVE ADMINISTERED A £12 CHARGE ON YOUR ACCOUNT

PAY NOW

blah blah

I have received a blank copy of my credit agreement, my signature, account number or any of my details ar NOT on it.

They are insisting that they don't need to have a signed credit agreement.

I phoned them to tell them that the account is in dispute, that until matters are resolved no action should be taken on my account.

They are not backing down, we have proof you signed for this *plus sized* clothing Miss Kerry. I have never signed for anything, because I'm never in to be honest.

She asked me why I needed my credit agreement, I said - anyone can order something in my name - I need *my* credit agreement that *I* have signed.

The blank agreement they sent was received WAY after the 12 days, and I'm just reaching 28 days after that.

They are just insisting that they don't need to provide this (see the previous letter they sent me above)

Can someone please help? What should my next step be?

They are demanding over £700 off of me!

Help please, really panicking!

[falcon185]

Hi Kerry,

PLEASE dont panic!!!

 

personally I wouldnt have contacted them until the calendar month was up and ALWAYS by letter, never phone them. Then I would write to them informing them that they have failed to comply with your CCA request, ( regardless of what they say) they have only forwarded you a blank Agreement, without your account number on it or anything else pertaining to your account. After the month they have then committed an offence, I would point this out to them and will be reporting them to the OFT, Local TS etc in order to prosecute them for this offence. make them sweat a bit. ;-)