Hi Pulse 90, Ignore what the CCCS said, and work to your own offer. They can default you for not paying the min payment on time, after 3 months, but they cant enforce a county court judgement against unless you ignore it. But in your case you are dealing with them and have been paying so continue to pay what you can afford. Can I suggest you send them a letter with a breakdown of your financial status, incomings and outgoings, and make them an offer, a solid one that you know you can stick to, and stick to it. I need to know a little more to help you. Have you had any charges on this account i.e. late payment fees, missed payments etc, because you can claim these back through the court if necessary to get the account balance reduced. if you can give me a little more background Im happy to try to help. Im dealing with them myself, and have refused to deal over the phone, revoking all their rights to call me, and will only deal with them in writing. So far they have honoured that. They didnt at first, but once I told them I no longer had a land line, mobile etc. then they started contacting me via letter, which is always better because its less pressure on you. Just remember youre in charge, not them. Make a good solid off of what you can legitimately afford to pay every month, set up a standing order to them if you have to in order that you dont forget, but if you can only afford £10 a month, then only pay £10 a month. Can I ask, what the balance is, and how much of that is made up with charges etc.

Hi all, thought I would update you with the latest on this. All four shopdirect Accounts I have. They have come up a signed CCA on Littlewoods, Kays and Additions Direct, but only signed agreements once they had been converted into loans, and were no longer the catalogue accounts. So Im assuming now that all are enforceable. The Littlewoods debt has been sold to Capquest, who are now harrassing me, even though I stuck to my payment arrangement of only paying Littlewods £10 a month online. They refused to accept my offer of £10 a month and have sold it onto Capquest anyway. The debt to Littlewoods is about £1700 but they owe me over £600 back in charges. I tried explaining this to Capquest,but they werent interested. I also told capquest I had been paying £10 a month to Littlewoods and that the account was in dispute and thus couldnt be passed to them. Again, they were not interested. Any idea what my next step is on the Littlewoods one, as that seems the most urgent. Im going to make offers of £10 a month on the other two accounts that they have signed CCA's for. I think that sounds fair. Any input anybody ???

Thank you so much. I will stick to my guns and keep paying the £10 a month and tell them to like it or lump it, (politely of course). Just one last question, can they still keep adding interest and charges to the balance every month though, because thats what theyre doing. I have charges still being applied to the account every month, for a) insufficient min payment due £12 charge and b) late payment charge £12. So about £24 a month going on in charges alone. Can I keep pushing to claim these back from them them applied to the account, and if so, how do I stop them from just keeping applying charges every month, even after I have claimed back the charges, they will still keep on applying them month on month. Aghghghg. I just cant believe their stupidity in all of this.

Erm......... they did produce a CCA for the new loan agreement. But I was pushed into it, I basically was reduced to tears and said, well I have no choice really do I, to which I was told NO YOU DONT. I just want to know if they can make me pay any more than £10 a month. What Im trying to establish is, if Ive sent in an income and expenditure sheet showing my incomings and outgoings, are they supposed to accept it, and accept my £10 a month, as they are saying this has to be submitted by a third party debt management company and not me. They are basically saying they dont accept it from me. Im just not sure where I stand. ?

bump this for some help for this guy

Latest letter from Littlewoods today. And I quote: Dear Mrs XXXX Further to your letter of XXXXX march regarding a dispute on your littlewoods account, Our understanding of your complaint is that having acknowledged that we have sent a copy of your signed agreement to you, that you are now in a postiion to offer a payment of £10 per month and you require all administration charges on the account, refunding, all interest suspended, and all future correspondence to be in writing. I note your comments that you are unable to pay the full minimum amount that has been requested on your account and you can only afford to pay £10 per month and I can confirm that when a customer is experiencing financial difficulties we can offer you a temporary minimum payment arrangement. A temporary minimum payment arrangement for a maximum of six statements can be set up on your account. We are willing to set up a minimum payment arrangement on hour account for you to pay £133 per month for the next six statement. to set up this arrangement please telephone our payments helpline on 0844 822 4646. If you are unable to accept the above arrangement you can contact an external debt management company and request that they provide you with assistance in order to sort out your finances. Examples of debt management companies who do not charge, are the Consumer Credit counselling service CCCS and the Citizens Advice Bureau CAB. The debt management company will need to obtain a letter of authority from you to state that they can deal with your account. They will need to complete a financial statement and send in a suitable offer of repayment for your account. I understand that you have already completed a budget sheet showing your income and expenditures, however this information does need to be completed by a Debt Management Company to ensure that the information provided is both accurate and up to date. However, on this occasion only, in order to provide you with the time needed to contact a debt management company, I have set up a temporary minimum payment arrangement on your account for you to pay £10 for three installments only. The first payment to be received by 1st XXX 2010 and the following two installments should be received every 28 days by your payment due date. Once the arrangement has completed you will be required to either bring your account up to date, contact our payments helpline to accept a company arrangement or have a debt management company working on your behalf to set up a long term payment arrangement on your account. You state that you require all interest to be suspended until further notice whilst the account is in dispute. The interest charged on your account is due to your outstanding balance at the time of £xxxxx on XX October 2009, being adjusted at your request, to an interest bearing account, so this cannot be credited back. I can confirm that you are not charged interest on a statement basis. You require all admin charges refunding as previously advised in our final response letter to you, dated XXX March, all admin charges were justified in Appendix 2, which was included with the letter and as advised the company is not prepared to refund the charges that have been applied to your account, these will continue to be applied until such time that you agree a payment plan with our telephone collections team. If you do not make the correct 28 day min payment to your account then your account will fall into arrears and our Arrears Collection Dept will contact you via telephone and mail. Whilst it is not our intention to harrass people into to making payments they are unable to afford, merely to persuade them to meet their obligations and I am sorry if this has been misunderstood. Constant monitoring of telephone conversations is procedural and we have received no other complaints of this nature. Please also note that we are legally obliged to advise an account holder of their arrears on an account as there may be a detrimental effect on their credit file. I trust my explanation meet with your satisfaction and confirm that this letter is our final response to your complaint. If, however, you have any further information that you would like me to consider, please contact me on the number below. Customer Services: 0844 811 8515. (Aintree). If you are not happy with this, our final response then you can now refer your complaint to the financial ombudsmans service FOS but you must do so within six months. Yours sincerely Littlewoods xxxxxxxx ******************************************** Help............... what do I do next. The account balance was about £1300, but once NDR transferred this into a loan (not at my request, but I was basically told I had no choice on this matter because I wasnt keeping up payments), then they added a further £500 roughly in interest so the balance is now at about £1800. But they owe me over £260 so far back in charges on the account. I know theres much more, but Im just waiting for the full SAR details to come back so I can calculate exactly how much it is they owe me back on this account. I am paying £10 a month, which is all I can afford, and made my first payment last week direct online so I didnt have to speak to them, but can anybody please tell me where I stand on this and if I can continue to insist they have to accept my £10 a month ??? but that I also want to pursue them for the charges back on the account. 1) How do I take them to court for the charges crediting back 2) How do I get them to accept £10 a month on the account as I cant afford any more than that 3) Does this mean I can still insist the account is in dispute or not ? Help please. Somebody, anybody. ??

I love this thread. Its what is keeping me both sane, and determined to see this through to the end. Thank you so much for the inspiration and encouragement. I have sent my Account in Dispute letters off, after they could only provide one signed agreement for Littlewoods. So it puts the other three accounts, i.e. Littlewoods Direct, Kays, and Very into Dispute and hopefully that is where they will stay. The Littlewoods one I have offered £10 a month on, seeing as they could find a signed agreement. Will keep the thread updated. Thank you.

Many thanks. Ok, latest.......... as Littlewoods were able to produce an original signed CCA with full terms on etc. obviously I have no choice but to offer payment on that one, so Ive offered payments of £10 per month until I find employment again. I have also said to them that the account is still in dispute but that I will commence paying ten pounds a month starting from tomorrow. 1st April 2010, just to show any judge, should it come to court, that I have made a proposal to them and have stuck to it without failing to make a required payment on the first of every month. But I have sent another letter today saying they still owe me a lot of charges back, with full breakdown attached, and saying that even though I am offering to pay the account blah blah blah at ten pounds a month that I still want and demand all the charges refunding back to the account. We shall see what comes back. 2) With regard to Kays and Additions Direct catalogues, as they have not been able to produce true signed copies of CCA etc. then I have sent the ACCOUNT IN DISPUTE LETTER, to each, even though they owe me charges back on both accounts. Im still pursuing the charges back, i.e sending LBA to each tomorrow saying I still want the charges refunding back to the accounts, but have no intention of paying them anything until they can come up with a signed CCA. Account in dispute. Is this a correct course of action ? Can they take me to court based on this i.e. no signed CCA (letter says cannot locate them), and the fact they owe me charges back. What happens if I get the charges back to the account, but still no CCA. Do I then have to pay the accounts or not ? 3) One last query. If an account was opened before 2004, i.e I have one that was opened in 1996 (classic confidence) online, which I also sent CCA for and they have come back with a copy of a CCA but its just been filled out roughly in hand writing by somebody and its not signed by me. Do I have to pay this then, or is it unenforceable ? All advice very very gratefully appreciated. Thank you so much one and all.

Need advice now please: 1) As you know above, three of the catalogue accounts (2 opened prior to 2006) and 1 opened in March 2009 have all returned letters to me stating they cant locate copies of the original agreements. Thus I have issued letters stating account in dispute, blah blah blah. 2) However, the fact that one of the accounts was opened in March 2009, does this bear any significant different in rights etc. to the other two, i.e. can I tell them to get lost on this one too, or are there different rules that apply to one opened as late as March 2009. On this one, the charges they have applied to the account are more than the actual remaining balance on the account. I have told them I want the charges back, blah blah blah, but all they have sent me back is a letter saying my complaint is being looked into. 3) One of my other accounts (Littlewoods) have managed to find a signed copy of my agreement,(albeit outside the time scale they had to provide one in), I just received it this morning with copy CCA, clearly signed by me, so I am left with having to pay this one. I have no choice, but can I still insist they take payment at the rate of £10 per month at the moment, because this is all I can afford, and do they have to stop applying interest to the account, because its still in dispute because they owe me around £200 back in charges they have put on the account. Not sure where I stand on this one that they have been able to produce a true copy of the CCA on. Any help on this and the one above would be much appreciated. Just need to know what do next please. Thank you.

All accounts were opened online, after 2004, I think around 2007 ish or maybe 2006 but certainly not before that. But all online only. So are the agreements then enforceable without me having signed them ?

So based on the responses I have had on two of these accounts, from what you are saying, I can send the letter, re: account in dispute, they havent met their obligations to furnish me with original copies, etc. and thus therefore I wont be paying anything on them in future until such originals can be found etc. ? Can I do that ? Im astounded they dont have them to be honest, especially on the Kays one because I only very recently, i.e. December ish 2009 signed a new agreement with them because they converted the account from a catalogue account into a loan, because they harassed me from NDR and basically told me that was the only way forward. I signed the new agreement, because I didnt have a clue what I was getting into and sent it back. So it seems they have lost it ? When I send my Account in Dispute letters, so I address it to NDR who have been sending the threatening letters, or to Shop Direct Finance at their Chelmsford address ? Thank you for your help.

Just received a response to my CCA request, on 2 of the four accounts: 1) Kays - Balance £694.05 2) Very - Balance £1424.62 Each letter is identical and received from Shop Direct Finance Company in response my my request to see original executed agreements. Each letter says and I quote: We refer to a recent request for a copy of your credit agreement. Unfortunately we are unable to locate a copy of an executed agreement for your account, but for your information we enclose a copy of the current agreement which applied to this typeof account. This version includes all contractual variations which have taken place. As the current outstanding balance on your account is XXXX Id also like to take this opportunity to remind you that payments must be made every 28 days in order to avoid a default charge and notice of default being sent to our Credit Reference Agencies. We regularly share information regarding the performance of your account with our Credit Reference Agencies, which is retained on your credit file for 6 years. If a third party is acting for you please pass a copy of this letter to your representative. Yours Sincerely, M Warburton. Admin Support Team Help........ what does this mean. ! Ive also written to them saying I want all the charges back on the account, for the late payment charges and missed payment charges etc. on each. So far they havent responded to that request. Any idea what my next step is on each of these accounts (2 of them) if they have no executed agreement on them ? All comments much appreciated.

I have sent letter requesting CCA with one pound on each account today. I have also managed to calculate by back tracking through statements on each account online today, the total amount of charges on each account, I also requested these back in the same letter. Shall keep updating this thread with what happens next. thank you all.

I sent CCA request today with £1 cheque on each via franked mail from hubbys work so they cant deny having received franked mail. I shall sit back and and wait to see what else happens next. Thank you so much for your inspirational thread. I shall keep popping back to see next step, as you have followed to the end. Thank you.

Oh right. Wow. I never knew. !! I suppose its my own fault for being a bit irresponsible/renegade with money when the times were good, and never thinking I would lose my very reliable place at work, and I have learned from it, in that I wont do it again, I do acknowledge my stupidity, but I just want to be able to repay it without it crippling me. And I do want all those unfair charges back. I cant believe companies can do that to people and get away with it. If its not entirely legal, I just dont know how they continually do it to people who have no idea they can challenge it. Its just plain wrong. Nothing else can describe it. Just plain wrong.