Droyds / La Redoute

[Catchleen]

I've had a look through the various threads and can't see anything on Droyds and wondered if anyone else has had a similar letter/response?

I sent a CCA request to them for a outstanding amount with La Redoute. They cashed the £1 postal order and they sent me a letter saying my £1.00 payment has been received reducing the account balance to £549.

I then received a letter from Droyds "attaching a copy of the standard agreement which you would have signed in accordance with advice given to you at the time you established your home shopping account with La Redoute. You appear to have acted in a way which indicates that an agreement was signed as you have conducted the account for some time by placing order and making payments." They have send me a copy statement of the payments I have made this year. They continue "These enclosures satisfy the requirements of Section 77-78 of the Consumer Credit Act 1974 in regard to supplying a copy of the agreement and accounts statements. I must however correct your statement that we are under obligation to provied a facsimile copy of a signed agreement. The regulation only requires us to provide a copy of the agreement and it is not necessary to provide a signature box. I refer you to Rrgulation 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, they have sent a standard agreement but it doesn't have any signatures or even my account number on and I'm wondering what I should do next? They sent this after the 12 day deadline but before the on month deadline.

I don't have any spare money to send to them and I've already sent them a letter explaining that I'd lost my job and included an expenditure list, but La Redoute just sent my account to Droyds. Should I send them another letter and expenditure list explaining my circumstances? (I think I may be answering my own question!!) but I'm getting so tired of endless letters and calls and trying to work out the best thing to do.

Any pointers would be greatly appreciated

Catchleen

[rory32]

They are now in default (they have not sent you a copy of your credit agreement - so have not met the criteria of ss77-78). As they are now in default the debt, although still exists, is not enforceable. You therfore currently do not have to pay them a penny.

I would wait until they are over the additional 30 calender days before writing to them as at this stage they will have committed a criminal offence (up to £2.5K fine).

[rory32]

Are you sure it's Droyds with a Y??

[rory32]

Also forgot to say the copy of the agreement must be signed not just be you but by the creditor too. They are trying to fob you off with a pack of lies.

[Catchleen]

Yes, definitely with a Y - they are based in Bradford. Thanks for the reply and I'll just sit and wait for the deadline to pass! Thanks again

[xxjulyxx]

hi everyone, i owed la redoute £772, they sent to droyds, i offered £5@mth they accepted, they were one of the easiest of my debtors to deal with hope this helps

[dingerbell007]

I have three accounts that have all gone to Droyds. Empire, La Redoute and Vertbaudet. I CCA'd them all on 16th May, signed for 17th May.

This morning I received the same letter word for word, as posted above. I am just curious though, is there any truth in what they say with regards to "the regulation only requires 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. 16557)"

Any words of wisdom appreciated as this letter has done its job and made me doubt myself again!!

Emma

[Curlyben]

As your request was made under CCA74 their response is utter crud.

 

Yes what they are saying is true, but have they even supplied anything that comes close to your excuted agreement ?

[Catchleen]

Once the 1 month had passed, I sent Droyds a letter with a budget sheet showing that I couldn't pay anything and asking them to freeze the interest and accept no payment for 6 months. That was 21st May and I haven't heard a thing from them since! Also, I think that I applied for my account with La Redoute online, so I won't have signed anything anyway. If I don't hear from them this week then I'll send a letter informing them of their criminal offence.

[Samphire]

I have had exactly the same from Droyds, does anyone have a response letter please that I can send them.

 

They have not sent me my agreement just a print off of one they must use.

 

Any letters appreciated.

[Catchleen]

I haven't put a letter together yet but will have a search round and post here if I find one

[Samphire]

Thanks, I am searching too.

[rory32]

Why do you want them to send you a properly executed agreement?

[Samphire]

Hi Rory, no what I need is a correctly worded letter that I can send in response to their letter (my letter is word for word the same as the one in the original post. One that basically says they what they have sent me is not my C.C.A and therefore not enforcable.

[dingerbell007]

bump

[dolphin939]

Hi i got the same letter from droyds about my empire account they didnt send me a copy of my credit agreement, what should i do now? x

[dolphin939]

Hi i owe 273.14 to empire stores, i got a letter of droyds debt the other week, i sent then a CCA request and got a letter back stating that they had attached a copy of a standard agreement.

 

There was no agreement attached.

 

They said that i appear to have acted in a way which indicates that an agreement was signed as i have conducted the account for some time by placing orders and making payment.

 

They did not send me a copy of the agreement what is the next step please

[harrythehawk]

You could write back to point this out, guarantee all you will get is a blank copy of "what you would have signed at the time", they don't have one, unenforecable, game over

[Catchleen]

An update on where I am. I haven't heard from Droyds/La Redoute since I sent a letter on 21st May. But in the post yesterday I received a letter from a solicitor called FW Oakes requesting final payment within the next 14 days. Failure to receive a minimum payment of £109.65 will result in a ccj being registered against me - aaaaaahhhhh! I've haven't had this before. Any ideas what I need to do next - can you cca a solicitor?

[harrythehawk]

Catchleen, firstly do not worry yourself too much about this, it is a standard computer generated letter with a payment slip at the bottom from the same location as La Redoute ? I had the same about a month ago and am still waiting for the "summons" which won't happen. If you have already sent a CCA to La Redoute (their "client") and they have defaulted and commited a criminal act in doing so then I have an excellent letter at home (at work now) which I will post for you tonight to respond to this shower and tell them to clear off. Remember, without a fully executed agreement they cannot and will not take you to court, it is desperation to try and frighten you into paying up, stand firm and remember you have the advantage here !! I'll post tonight, please remind me if I forget !!

[Catchleen]

Thanks Harrythehawk, I'd appreciate a copy of the letter and won't worry about it over the weekend! x

[harrythehawk]

OK Catchleen, use or amend as you wish, like I said this should only go if they are over the 44 days:-

 

Mrs The Hawk

The Nest

 

X X 2007

 

 

F W Oakes BA (Law) Solictor

16 Canal Road

Bradford

BD99 4XB

 

 

Dear Sir/Madam,

 

Re: Mrs The Hawk - Account Number: XXX

 

Your Client : La Redoute

 

I refer to your letter of XX/XX/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); sent and acknowledged by La Redoute on XX/XX/2007. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by La Redoute under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

 

 

Mrs The Hawk

 

 

I have heard nothing since and that was 4 weeks ago, good luck !!

[Catchleen]

This is great! Thanks a mill and I'll get it off to them x

[Catchleen]

I have received a "notice of claim" from FW Oakes stating they "have no alternative but to issue proceedings. A claim will be issued within 14 days, following which Judgement may be registered in the name of XXX. This will incur additional legal expenses and may subsequently affect your credit rating". Any ideas how to nip this in the bud?

[harrythehawk]

Have you already had the same letter and have you sent the other letter to them ? If so I would say it is probably more scare tactics, the original deadline you had to pay and legal proceedings would commence has been and gone yet here you are again with another 14 days, suggest you sit tight and if you want send another letter referring to your previous one, no judgement will ever be issued unless you are notified by a court of proceedings, they cannot just go along to a court and ask for one, you will get a chance to defend any action so what they are saying is simply nonsense ..... also note the word "may", this is very important for them to put this as it makes what they are saying non-threatening to comply with OFT guidelines, this really means they won't/can't !! ..... they are getting desperate now !!