someone please give advice for large catalogue debts

[vonny1]

Thank you for your advice. so just to clarify do you think my next step should be to send them an account in dispute letter and that I will not be sending another payment as I did not sign an agreement and see what they come back with?, many thanks, Von.

[BRIGADIER2JCS]

Could you point me to the relevant legislation and/or case law please?

 

Would be better perhaps to do the research CAG is a self help forum after all

 

You need to read the amendments to CCA 1974 that came in to force April 2007.

[paulwlton]

Would be better perhaps to do the research CAG is a self help forum after all

 

You need to read the amendments to CCA 1974 that came in to force April 2007.

 

I've read up on the amendments and cant see anything that sways me from my earlier posts. Could you post up the part where it states that the original agreement is required for enforcement vis-a-vis pre April 2007 agreements?

 

Thank you for your advice. so just to clarify do you think my next step should be to send them an account in dispute letter and that I will not be sending another payment as I did not sign an agreement and see what they come back with?, many thanks, Von.

 

You need to do a little research.

[BRIGADIER2JCS]

It is simply the fact that pre April 2007 agreements were and still are exempted from the amendments that came into force in April 2007!!

[paulwlton]

It is simply the fact that pre April 2007 agreements were and still are exempted from the amendments that came into force in April 2007!!

 

 

That doesn't answer the question.

[BRIGADIER2JCS]

Yes it does!!

[citizenB]

I would think with £10,000 owing to them, they will very likely make a good stab at attempting to get that money back.

 

If you DID NOT sign an agreement then there is little point in requesting one.

[paulwlton]

Yes it does!!

 

Does it?......I think not.

 

I'm not wanting to score browny points on this but you must provide salient detal so others on the thread understand whay you claim.

[paulwlton]

I would think with £10,000 owing to them, they will very likely make a good stab at attempting to get that money back.

 

If you DID NOT sign an agreement then there is little point in requesting one.

 

If its over £10k there would be plenty of solicitors take the matter on. In fact the solicitor may even make application for a decleration.

[babydoll0141917]

I have a 16.000 + debt with a creditor has been with them since 2008...Still no nearer to going court..No solictors involved ..The CCA is pre 2007 ..they know they have nothing,was offered a 40% discount before it was sold..that speaks volumes..

[BRIGADIER2JCS]

The problem with most catalogue accounts is that they are opened by ''actions'' and ''acceptances'' eg the acceptance of the first order by the company automatically opens an account, and often paper work that is provided with the ''order'' is either ignored totally or no recognised for what it is and so it accumlates, when problems then occurr due to unforseen circumstances, the account holder cannot keepn up payments the validity of the credit agreement is challenged BUT in these circumstances there is such obvious evidence that an account exists and has been utilised and goods delivered and paid for that it is more than difficult to argue that a debt is unenforceable, the community in which I offer assistance is one that has traditionally been major users of catalogue credit facilities.

 

Obvious conclusions are if goods are ordered - delivered- paid for over a period of time, when goods are ordered and not paid for the relationship between customer and catalogue credit provider breaks down, arguments and I've seen many on these points eg ''never signed'' an agreement so the debt is invalid cannot hold merit, an example given by some one more learned than I is that of a customer driving away from a petrol forecourt with out paying stating that they had not signed an agreement to pay.

 

These arguments have gone on for years and I guess will go on until the catalogue providers enter is to more standard paperwork for credit agreements.

[vonny1]

Well let me ask

 

 

if you were me, what would be your next course of action to stay out of the courts and have peace of mind,

 

 

keep to paying a very small payment every month for the foreseeable future

or send an account in dispute letter?

 

 

your opinions will be greatly received.

 

 

My brain is mashed with the worry.

 

 

I would really like some scenarios and possible outcomes

and then I can make an informed decision on what I'm to do next.

All your help is very much appreciated.

 

 

I just want to get back to being able to sleep at night

then my children can have their mum back

instead of this vacant shell that keeps snapping at every body.

 

 

Thanks all.

Edited March 22, 2013 by vonny1

[paulwlton]

Well let me ask if you were me, what would be your next course of action to stay out of the courts and have peace of mind, keep to paying a very small payment every month for the foreseeable future or send an account in dispute letter? your opinions will be greatly received. My brain is mashed with the worry. I would really like some scenarios and possible outcomes and then I can make an informed decision on what I'm to do next. All your help is very much appreciated. I just want to get back to being able to sleep at night then my children can have their mum back instead of this vacant shell that keeps snapping at every body. Thanks all.

 

You say you never signed an agreement and the account was opened prior to April 2007. The debt therefore is unenforceable by virtue CCA sec 127(3)

 

Cant advise further until you post up what theyve sent you

[Old Cogger]

You say you never signed an agreement and the account was opened prior to April 2007. The debt therefore is unenforceable by virtue CCA sec 127(3)

 

Cant advise further until you post up what theyve sent you

 

 

Seems as above is the virtue, as has been reported time & time again?

[vonny1]

Hi I tried to scan to computer but a message keeps saying error scan from computer which I dont know how to do. Ive taken pics with phone and blue toothed to laptop. Ive pressed insert image and I can find the pic I want, it says press to down load but nothing happens, help please??? Thanks.

[paulwlton]

The problem with most catalogue accounts is that they are opened by ''actions'' and ''acceptances'' eg the acceptance of the first order by the company automatically opens an account, and often paper work that is provided with the ''order'' is either ignored totally or no recognised for what it is and so it accumlates, when problems then occurr due to unforseen circumstances, the account holder cannot keepn up payments the validity of the credit agreement is challenged BUT in these circumstances there is such obvious evidence that an account exists and has been utilised and goods delivered and paid for that it is more than difficult to argue that a debt is unenforceable, the community in which I offer assistance is one that has traditionally been major users of catalogue credit facilities.

 

The argument that a debt is unenforceable is a matter of fact. If the lender fails to obtain requisite signed agreement the goods are a gift.

 

Obvious conclusions are if goods are ordered - delivered- paid for over a period of time, when goods are ordered and not paid for the relationship between customer and catalogue credit provider breaks down, arguments and I've seen many on these points eg ''never signed'' an agreement so the debt is invalid cannot hold merit, an example given by some one more learned than I is that of a customer driving away from a petrol forecourt with out paying stating that they had not signed an agreement to pay.

 

The analogy you use is obsurd, the customer is commiting an offence by not paying he hasn't been offered credit.

 

These arguments have gone on for years and I guess will go on until the catalogue providers enter is to more standard paperwork for credit agreements.

 

I'm afraid the cat companies have problems if a customer wishes to avoid paying on agreements taken out prior to April 2007.

[citizenB]

Hi I tried to scan to computer but a message keeps saying error scan from computer which I dont know how to do. Ive taken pics with phone and blue toothed to laptop. Ive pressed insert image and I can find the pic I want, it says press to down load but nothing happens, help please??? Thanks.

 

Erm, not sure what you are saying.. I think you need to convert your images to pdf format in order to post them up to your thread.

 

instructions below..

 

 

Dx100 – Instructions on uploading pdfs

scan the requiredletters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[babydoll0141917]

I asked shop direct if I could pay £20 a mth for 6 mths , told them I would contact them at the end of the 6mths to see if my circumstances change..they excepted..my account was open 2002..the account number on credit file is different from the account number on statements..no CCa me thinks

[vonny1]

Thanks for that but My printer wont scan the paper and put the image on my computer.

 

 

Ive now got the images on my computer via blue tooth from my phone.

 

 

I then follow your instructions from line 8

" open a new message box here" but nothing happens.

 

 

All I can say is that I know what a credit agreement looks like and this isn't a correct or an original one.

Its just 2 A4 photocopies of a credit agreement with no names dates signatures etc present.

 

 

I know I never signed one and the account was opened June 2006.

 

 

So could someone please advise me of my next step,

should I stick to paying a minimal amount for the foreseeable future

or send them the account in dispute letter???

 

 

some advice would really be appreciated,

 

 

many thanks.

[BRIGADIER2JCS]

If this is purporting to be a ''recostituted'' agreement it must have the following data:

1. Your name and address as at the inception of the agreement.

2.The creditors name and address as at the inception of the agreement.

3. The Ts & Cs at the opening and closing of the account.

4. All amendments to Ts & Cs throughout the life of the agreement.

 

The ''financial data'' must that of the original agreement.

[vonny1]

Its not its just 2 photocopies with a long list on each of them.

The covering letter reads

 

 

"Re: Credit Agreement Request.

We refer to your recent request for a copy of your credit agreement.

 

 

Please find enclosed a copy of your current credit agreement,

which includes all applicable contractual variations and amendments that have taken place since your account was opened. etc etc.

 

 

This really is just a photo copy of a basic credit agreement that could be given to anybody.

There's nothing on it to relate to me or my account on it.

So please give advice on what my next move should be ,

I'm going out of my mind with worry,

 

 

Thanks.

 

Hi all

also I received a letter from a company called Moorcroft today saying that they now owned my Freemans Debt and want payment straight away.

I thought I was ok with Freemans as I offered them £5 per month of which they didn't accept

but I just kept paying it anyway online.

 

 

I then sent them one of the template letters off here about 2 weeks ago asking them to reconsider my offer etc.

I then went onto my account on line to make this months payment to find that they have blocked my accoun

t so that I can not go on it to make a payment

so I haven't been able to pay this months yet, then today this letter arrives.

 

 

What should I do,

write to Moorcroft offering them £5 per month?

 

 

The debt is for £1'000 and

I'm not sure when I opened the account prob around 2007,

 

 

can I still send CCA request to Freemans now its in the hands of Moorcroft,

desperately need advice on this please

 

 

many thanks.

[babydoll0141917]

Didnt know Freemans was still going..You need to find out Freemans online Banking Account and sort code then you can set up a standing order and pay them what you was paying ..yep Send Moorcroft CCA

 

As for post 98..Send the account in dispute letter

[paulwlton]

Its not its just 2 photocopies with a long list on each of them. The covering letter reads "Re: Credit Agreement Request. We refer to your recent request for a copy of your credit agreement. Please find enclosed a copy of your current credit agreement, which includes all applicable contractual variations and amendments that have taken place since your account was opened. etc etc. This really is just a photo copy of a basic credit agreement that could be given to anybody. There's nothing on it to relate to me or my account on it. So please give advice on what my next move should be , I'm going out of my mind with worry, Thanks.

 

Send off the letter Brig posted. i'll say it again I would not pay a debt if I did not have to.......but I have the morals of a money lender .

 

PW

[BRIGADIER2JCS]

The ''agreement'' you have received is a ''recon''it does no comply with a CCA request if any one

of the items listed on post 97# is missing.

 

CCA request on the Freemans account goes to the DCA!

[citizenB]

Hi all also I received a letter from a company called Moorcroft today saying that they now owned my Freemans Debt and want payment straight away. I thought I was ok with Freemans as I offered them £5 per month of which they didn't accept but I just kept paying it anyway online. I then sent them one of the template letters off here about 2 weeks ago asking them to reconsider my offer etc. I then went onto my account on line to make this months payment to find that they have blocked my account so that I can not go on it to make a payment so I haven't been able to pay this months yet, then today this letter arrives. What should I do, write to Moorcroft offering them £5 per month? The debt is for £1'000 and I'm not sure when I opened the account prob around 2007, can I still send CCA request to Freemans now its in the hands of Moorcroft, desperately need advice on this please many thanks.

 

They are not supposed to refuse an offer of payment !