someone please give advice for large catalogue debts

[vonny1]

then will I have a DCA hounding me for the money? do I then send them an account in dispute letter?. If I offered £1 a month for evermore would that stop them doing anything? Thanks.

[babydoll0141917]

Let them hound you all they like..They can not enforce the debt..If you feel better paying them £1 a month then do that ,,If you keep on writing to them they will just keep writing back ..You ignore their threats and they will give up in time in time.

[Bazooka Boo]

1)then will I have a DCA hounding me for the money?

2)do I then send them an account in dispute letter?.

3)If I offered £1 a month for evermore would that stop them doing anything?

 

1) If they pass on a disputed debt without informing the new owner, as they invariably do, then you should make a formal complaint to the OFT about the OC.

 

2) Yes, they get the 'account in dispute' letter, or better known as the 'lemon' letter.

 

3) You wouldn't offer anyone anything until they came up with the agreement, plus unless the DCA owns the debt and all the rights to it under the law of property act, then they can do diddly as they have no legal powers at all.

[brokebutnotbeatn]

Pay them £1/month and they will hound you for life. Ignore until the find the agreement or the debt becomes Statute Barred.

[vonny1]

ok just wanted to know I was doing the right thing, many thanks for all your advice x

[vonny1]

Hi just a quick question, as Im disputing my catalogue debts due to no signed CCA and the accounts we're opened pre-April 2007 so I am not sending the DCA's that have taken over the debts a penny for them, Is it likely I will receive a Statutory Demand for these debts even though there unenforceable?? many thanks.

[BRIGADIER2JCS]

The question that comes into my mind is how were these accounts opened?

[vonny1]

They we're opened by post, I telephoned for a catalogue and placed orders via telephone. I think I was sent credit agreements to sign but I never did.

[BRIGADIER2JCS]

They we're opened by post, I telephoned for a catalogue and placed orders via telephone. I think I was sent credit agreements to sign but I never did.

 

Ok, the usual process with these accounts is that the acceptance of the first order opens the credit account, so no paper work has been provided at all?

[vonny1]

Yes I was sent an agreement to sign when I first opened the account but I never did. I was given the advice on here that if they couldn't come up with a signed copy of a credit agreement after I sent a cca request and the accounts we're pre April 2007 that they we're unenforceable so dont bother paying them just hope they get statute barred. But then I read that people we're getting statutory demands even though the debts we're unenforceable which has frightened me a bit to say the least.

[vonny1]

any advice greatly appreciated..

[BRIGADIER2JCS]

It is unlikely that an SD would be issued after this time elapsed since the default date.

[vonny1]

So do you think I should just keep ignoring the letters from the DCA and hope for the best? thanks.

 

I have just received a letter from Kays ( after I sent them an account in dispute letter because they haven't complies with my CCA request and they replied with

" just because the debt is unenforceable does not mean I do not have to pay it")

 

 

They have now written to me saying that as they have not heard from me

they take it that I no longer need help in paying my bill

and xxxxx amount is now payable immediately to bring the account up to date..

 

 

Should I send another Account In Dispute letter or just ignore?? Many thanks.

[Bazooka Boo]

Like they say, it is unen, so they are unable to take any legal action against you to order you to pay.

 

This puts you in the drivers seat, you call the shots from now on.

 

You can either ignore them, knowing they cannot do anything less for beg you to pay.

Or you can make them an offer as a gesture of goodwill for say 1% of the total outstanding, on the understanding they remove all and any adverse data from your credit files, and they do not sell on the remainder of the account to a third party to chase.

[vonny1]

Like they say, it is unen, so they are unable to take any legal action against you to order you to pay.

 

This puts you in the drivers seat, you call the shots from now on.

 

You can either ignore them, knowing they cannot do anything less for beg you to pay.

Or you can make them an offer as a gesture of goodwill for say 1% of the total outstanding, on the understanding they remove all and any adverse data from your credit files, and they do not sell on the remainder of the account to a third party to chase.

Thanks Bazooka Boo but I couldn't afford that, If they sell it on which they most probably will, will It still be the same that there's nothing legally they can do?? The main thing I'm worrying about now is is getting a statutory demand from one of the DCA's, I don't want to lose my house over this. many thanks

[Bazooka Boo]

Just refresh my memory of the amount were talking about here?

 

If the Cat has told you in black and white that this is unen, then there is no way some tin pot DCA could ever magically conjure up an enforceable agreement, short of committing fraud.

[dx100uk]

an sd on a debt with no CCA ....dream on

 

time to put this to bed and ignore them now me thinks

 

dx

[vonny1]

Just refresh my memory of the amount were talking about here?

 

If the Cat has told you in black and white that this is unen, then there is no way some tin pot DCA could ever magically conjure up an enforceable agreement, short of committing fraud.

 

Hi its 3 cat accounts,

 

Freemans - £1100,

its now in the hands of Moorcroft. I sent them CCA request and they wrote telling me that their client

said I received one when I opened account and was told to put it in a safe place.

They returned my £1 postal order and said that they had complied with my request.

I sent Acount In dispute letter again and they keep sending threatening letters now

but they did say that although the debt is unenforceable does not mean I don't have to pay them!. I ignored their last letter.

 

Simply be - £3600,

now in the hands of Fredrickson International. Simply be sold it to them after I had sent them an Account In Dispute letter

as they did not send me a true signed copy of my CA.

i sent Fredrickson an Account In Dispute letter and they have written back saying that they have put the account on hold

while they discuss the matter with their client, I haven't heard back from them since.

 

Kays - £10,000,

sent them a CCA Request as account was opened pre April 2007 and they just sent me 2 A4 pieces of paper with a list of their terms and conditions on.

I sent them an Account In Dispute letter.

They replied with " Just because the debt is unenforceable does not mean it does not exist,

I must of known that that would of had to pay for the good after I received them and they want paying.

I then received a letter from them yesterday saying that as they haven't heard from me

they presume I do not need assistance with paying my account anymore and £XXXX amount is now due immediately to bring the account up to date,

advice on what to write back would be greatly appreciated,

as would advice for all 3 debts please.

 

Thank you in advance.

[dx100uk]

ignore the lots totally!!

 

what does your cRA say about all 3?

 

178 post!!

 

could have been sorted in 10!

 

dx

[BRIGADIER2JCS]

The statement made re the account being unenforceable but still payable is correct.

When were the last payments made and what default dates show on CRA files.

 

Have to agree with dx on the time scale on this thread.

[vonny1]

The last payments we're made in January this year. I have not looked at my credit files yet.

[BRIGADIER2JCS]

The last payments we're made in January this year. I have not looked at my credit files yet.

 

This is one of the first thing that should have been done, I suggest you should check them asap.

[vonny1]

Hi I have now checked my credit report which has a very low score (not surprisingly),

 

Shop Direct (Kays) just has me down as 2 payments late on 5/5/13.

 

Simply be is Defaulted on 21/04/13.

 

Freemans Defaulted 7/4/13, and it says this account was opened 2008

so even though Moorcroft cant come up with a credit agreement is it still unenforceable?

 

I don't really understand the default thing,

is it better to have that then you know its off your credit file after 6 years??

 

Many thanks.

[BRIGADIER2JCS]

Default results from a break down of the relationship between Creditor and Customer, e.g . Customer fails to me contractual payments, the ICO states that default entries should be placed within 6 months of the cause of action (cessation of payments), the customer will have been sent a Default Notice (this is NOT an actual default) the DN gives the customer a period of time to remedy the default (usually by paying the arrears before the time allowed expires), if the customer does not remedy the default then a default marker MAY be placed on the account after the expiration of the time allowed, however if a customer enters into an arrangement to pay quite often a default is not actually placed, this can cause problems later on as the AP markers will not be removed after 6 years as would a default. putting the debtor at a disadvantage compared to a debtor who has the account defaulted and never paid towards the debt after the default date.

 

It therefore follows that should a debtor wish to pay towards the debt no arrangement to pay should be entered into until a default is in place.

 

If Moorcroft cannot provide an agreement then the account is disputed and placed on hold until an agreement is supplied, and remains unenforceable in court, BUT the debt still exists and all collection methods short of court action may be employed.

[dx100uk]

right as they all show

 

ideally

which is why this thread is SOO long and has gone nowhere really

is its confusing dealing with 3 debts on the same thread

 

it would be better to have a thred for each one

 

if the opening of the account is before 2007

and no-one can provide an enforceable CCA you can basically forget paying it.

 

dx