fashion world and simply be

[lynnuk]

I have got behind on payments on theses catalogues and after readin other ppls comments on here have wrote to the companys and asked for a signed a couple of weeks ago agreement and today 03/06 i recieved a letter back saying my simply be account has been passed onto robinson way for collection and all future corresondence should be sent to them. The fashion world one says i have a choice if i make further payments i don't mind paying for the things i purchased but i don't want to pay all the £17.50 for late charges and service charges. They are holding the account in abeyance for 28 days what do i do nx. The letter is dated 27 june 2006. Please help:confused:

[thunderpuss2k]

I have got behind on payments on theses catalogues and after readin other ppls comments on here have wrote to the companys and asked for a signed a couple of weeks ago agreement and today 03/06 i recieved a letter back saying my simply be account has been passed onto robinson way for collection and all future corresondence should be sent to them. The fashion world one says i have a choice if i make further payments i don't mind paying for the things i purchased but i don't want to pay all the £17.50 for late charges and service charges. They are holding the account in abeyance for 28 days what do i do nx. The letter is dated 27 june 2006. Please help:confused:

 

Lynn, have they just said it's passed for collection - or have they actually sold the debt? If it's the latter, you'd know about it as you would have had a letter stating that.

 

Also, what letter did you send them a couple of weeks ago?

 

Let me know and we can help..

 

Cheers

[lynnuk]

this is part of the letter i sent. I require you to supply the following documentation. in association with my account - *********

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.rt of the letter i sent

one of them has gone to a debt collection agency but the other is still with the catalogue it doesn't say it's been sold just to contact them about it

[lynnuk]

I have just recieved a letter back from robinson way who are dealing with my simply be account it says:

In response to your recent correspondence please be advised that as the account is a mail order account there are no copy agreements as you have not signed one on opening of the account. In the mail order catalogue it is stated in the terms and conditions that by placing your first order you are agreeing to the terms and conditions. If you are disputing the account please provide proof to support your claim.

this letter is dated 17/07/06

Can anyone give me advice on what to do next

thanks

[ecobabe]

hi i certainly can give you advice! i had an account with them(simply be) and they pass it on all the time. i sent cca to robinson, way etc and they all passed it back to original creditor. they are bullsh***** you about the agreement. it is a credit agreement regulated by the consumer credit act 1974. they sent me a blank credit agreement as proof!!! i wrote to them and said that this was unacceptable and i would be showing the letter to trading standards, and i was waiting on the the requested info, time carries on from date they received the 1st letter. but be prepared of all the companies i've dealt with, and i only owed them £30(i actually didn't owe them it since i never ordered or received the goods) so far i've sent 6 cca's off to dca's for this. the original debt will be with 1st credit that's who the finance company is, check this out and if it is send cca to them. but simply be/jd williams/candid collections are all at same address, i think 1st credit is at same address as well. they are outrageous, but don't be put off just send cca to anyone that contacts you about and contact trading standards i did and they are investigating it. only 1 company should be dealing with debt at a time and you should be informed of who it is. make sure you put " in the meantine i consider this account to be in dispute" at the end of your cca letter. don't worry about it in the Consumer Credit Act it states quite clearly that a credit agreement must be properly executed (signed)

[lynnuk]

Thanks for the advice i will be writing them a letter tonite as they should have a signed copy an if they don't they can't do anything about it....

I just recieved a letter from simply be as i had to accounts with them one in my husbands name which has been passed on to robson way and one in my name which is still with simply be this is what it says:

We are familiar with the regulations of the Consumer Credit Act 1974 and take our responsiblity to comply seriously.

We cannot provide a copy of the executed agreement, therfore, whilst the default continues, we will not pursue the debt any futher.

We will howvevr meet our obligation in ensuring that a true picture of your account activity is recorded on your credit file.

Please confirm that you will not be making any further payments to the account and that you are aware of the detrimental implications of your decision, as stated in our previous letter.

On receipt of your final letter of confirmation we will ensure that no further action is taken in regards to the above account.

 

Can they put this on my credit file if they haven't got a signed agreement

thanks

[ecobabe]

i don't think they can because effectively no credit agreement = no debt. so they should not be able to do so. check the debt collection agency posts on this thread, i'm sure alanfromderby said something about this. you could also write to them stating that the consumer credit act requires a properly executed agreement(signed), and since none exists you are considering pursuing the return of all payments made to them to date since legally no debt exists; and, that you are well aware that they cannot make entries on your credit file. also mention that you are reporting them to trading standards and the office of fair trading since their threat is contrary to the OFT's Debt Collection Guidance for holders of a Consumer Credit Licence specifically " making threatening gestures or statements" then make sure that you do report them.

[alanfromderby]

Catalogue debts are very difficult to collect because of the lack of an agreement, and it would seem that Robinson Way are aware of this. The difficulty is that they are continuing to use their priviledged access to the CRA's to apply pressure.

 

Clearly you should pay back the amount that is owed, but not the charges. You will also need to consider the position with the default. If the default was caused as a direct result of the charges, then you can take action to get it removed.

 

At the very least you need to have your CRA entry corrected to show what is actually owed - and when you have paid what you believe you owe, they must mark the entry to show that you have satisfied the debt in full.

 

I would also suggest that you have a look at "Data Protection Act/Defaults" which is under "Legalities". Also in the Bank Template Library,have a look at the information on section 10 of the DPA - you will need to get a letter off urgently if you want to go down that route.

[lynnuk]

Hi sorry not been on 4 a while been away. Recieved a letter from simply be saying.

We regret that we are unable to provide a copy of the executed agreement and will therefore be taking no furhter action on the above account.

We must stress however, that although this debt is of £178.59 may not be legally enforceable, it is still adebt.

A defaault entry will therefore be registered on your credit file and will remain for a period of 6 years,

 

Can they do this, alot of the outstanding debt is due to charges (although i don't know exactly how much is charges for late payments). Is there anyway i can get this removed.

[alanfromderby]

Hi sorry not been on 4 a while been away. Recieved a letter from simply be saying.

We regret that we are unable to provide a copy of the executed agreement and will therefore be taking no furhter action on the above account.

We must stress however, that although this debt is of £178.59 may not be legally enforceable, it is still adebt.

A defaault entry will therefore be registered on your credit file and will remain for a period of 6 years,

 

Can they do this, alot of the outstanding debt is due to charges (although i don't know exactly how much is charges for late payments). Is there anyway i can get this removed.

 

Have a look at the DPA/Default forum, which is under Legalities.

[NitrousOxide]

Hi,

As AlanfromDerby has said they are very hard to enforce as usually you have no agreement. It's very easy to defend catalogue claims that go to court.

As they have admitted no agreement it's nigh on impossible for them to chase through a court.

[lynnuk]

i've had a look an sorry if i seem thick but i don't quite know what i'm looking for is there some kind of letter i can write asking then to take it of my credit report seen as they have no signed agreement . Thanks

[danler]

Hi, I used to work for JD Williams and if it ever got to court I would be happy to supply figures of how much it actually costs to send a letter to someone. Not the 30 pounds that they charge customers. Check that Robinsons is not owned by the N Brown Group. JD Williams belongs to the N Brown Group, they have their own debt collection agencies within the company.

[lynnuk]

after sending of the letter for the signed agreement how long do i give them i sent one of ages ago and haven't heard anything from them but have recieved a statement with the £1 postal order took of the amount i owe

[lynnuk]

recieved a letter off robinson way this mornin sayin please c the attached letter normally sent to solicitors and other representatives it reads:

In relation to your requeat for a copy of the executed agreement under section 78 of the Consumer Credit Act, we 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 copy of the agreement bearing your client's signature.

We now refer you to the Terms and Conditions in the catalogue which clearly state that by ordering and subsequently recieveng goods from the debtor is legally bound by the aforementioned terms and conditions of membership.

The debt is therefore fully enforceable and we will continue to pursue the debtor for it until the account is paid in full.

 

Can anyone give me any advice on this please asap

Thankyou

[sam19677]

Hi did you get any advice on this, because I've just had the same letter and wondered how to respond

[lynnuk]

hi sorry i haven't had any replys to it so i can't help you if i do get any i will forward them on

[sam19677]

Hi Lyn thanks for getting back to me. Did you send off a S.A.R - (Subject Access Request) request? I sent one but they wounld'nt send me information I needed, so I had to go down the CCA route, but that has'nt got me very far either! I don't no about you but I'm going round in circles! Can I just ask you Lynn what you did next?

[lynnuk]

Hi sorry sam not been on for a bit had a couple of funerals so not really been on. I asked for a signed agreement but they never sent me one i then recieved that letter which i didn't reply to they then sent me another letter sayin i could pay back 50% and then it would all be cleared off ( was wondering why they would do this) I have now recieved another letter from Horwich Farrelly solicitors which has the same address on it as the other company telling me it they will be issuein a county court claim against me an i may be able to avoid extra costs by contactin them with my employment and income and expenditure details...which i won't be doin......Don't quite know what to do nx. The fashion world one ended quickly lol they just said they had no agreement so they would take it no further so why would the same company still pursue the other one

[NitrousOxide]

Hi

Keep the letters you send. They seem to be ignoring you.

You have a defence until your agreement turns up.

[lynnuk]

Just recieved another letter dated 9/11/06 saying: This matter has now been referred for litigation and placed on a sue list. Failure to make payment in full or make a reasonable offer will result in proceedings bein issued. Once proceedings are issued you will be liable for additional fees, costs and interest and this will increase the amount due substantially. This is your last opportunity to avoid court proceedings, no further contact will be made prior to issue therefore contact our pre litigation department today on our dedicated litigation line.

What can i do in reply to this letter

[lynnuk]

can anyone help

[alanfromderby]

I assume that this is in regard to the debt that includes charges of £17.50 for letters. If so, have you got all the information on the amount you are disputing, or have you sent a DSAR?

 

To be honest, if there are parts of the debt over which you have a genuine dispute, then I would tell them what you are prepared to pay, and if they don't like it they can sue.

[lynnuk]

Hi alanfromderby no i haven't sent a dsar think i will have to thought it would b easy as the other catalogue just said they would not chase the debt as they haven't got a signed agreement and it's through the same company. Guess i will have to get one sent off