catalogue debt - don't know where to turn

joeblags · 24 January 2015 at 8:00AM

£6000? what did you do, order one of every item in the book

angel85 · 24 January 2015 at 7:41PM

So it seems I previously had a free month a long time ago for my credit report and now unfortunately I would have to pay £15 to view it but I don't have that to spare just now so I'll have to hang on a while to view it.

fermi · 24 January 2015 at 7:46PM

You only have to pay £2.

Equifax, Experian

sourcrates · 25 January 2015 at 12:27PM

angel85 wrote: »

So it seems I previously had a free month a long time ago for my credit report and now unfortunately I would have to pay £15 to view it but I don't have that to spare just now so I'll have to hang on a while to view it.

Sign up at Noddle (callcredit) for free :

https://www.noddle.co.uk/?showSocialMediaLightbox=True

Experian, and Equifax, you can order a £2 statutory copy, the link is right at the bottom of there webpage.

Lenders can use a combination of all three CRA`s, just one, or two of them, so its best to get a report from each one to get a complete picture.

angel85 · 25 January 2015 at 9:37PM

Thanks sourcrates. I had already applied last night to experian paying £2 but wasn't aware of noddle. I have just accessed noddle. My score is showing at 1/5 all because of the catalogue. My own fault i know!
It is showing as missed payments only, not a default but I'm assuming it just hasn't been updated with that information yet.
What i am confused about is that it is showing missed payments for 5 non consecutive months, now although i never paid the minimum payment requested i always made a payment of £10 on my scheduled date.
I would understand if the reason for this was not making full minimum payment but then shouldn't all of the relevant payments show as missed payment rather than only 5?

Thanks again.

angel85 · 25 January 2015 at 10:03PM

sourcrates wrote: »

What do you do now ?

you write back stating that the documents they have sent you, do not comply with your request for a copy of your original agreement, that what they have sent you is a blank copy of a current agreement, add that all your personal details are missing, as are the prescribed terms applicable to your account, for example, the interest rate applicable, the credit limit, how you are to discharge payment etc etc, any one of these issues "can" render an agreement unenforceable.

Reiterate that what they have sent you does not comply with your CCA request, and ask again for a copy of your original agreement, not a copy of a current agreement.
And until such time this is received, you will not be paying the account (as you are perfectly entitled to do under the terms of the consumer credit act).

See how they respond to that.

Sourcrates, in my reply should i actually state as above that it can render the agreement unenforceable? Or was this just for my information?
Thanks

happy_bunny_2 · 25 January 2015 at 10:41PM

Don't tell them what's wrong with it, just say thanks, but what you sent is clearly not a copy of the alledged original and therefore the account is considered unenforceable and any court action would be defended on that basis.

rizla_king · 25 January 2015 at 10:49PM

Quoted the regs there. Include as much or as little as you think they need to know. Just make it clear you are n0t accepting the tripe they have sent as an acceptable copy under section 78 of the CCA.

rizla_king wrote: »

To Littlewoods

You have failed to comply with my request under section 78 Consumer Credit Act 1974.

I would remind you of the FCA rules CONC 13.1 and Carey vs HSBC with respect to a true copy.

CONC 13.1.4 - The terms and conditions should be those applicable at the time the agreement was executed. The name and address at the time of execution must be included.

CONC 13.1.4 - If the agreement has been varied, the duty is to provide not only a copy of the agreement as originally executed but also either:
(a) a copy of the latest variation given in accordance with section 82(1) of the CCA relating to each discrete term of the agreement which has been varied; or,
(b) a clear statement of the terms of the agreement as varied.

If the reason why no original copy is given in response to a request under these sections is that there never was an executed agreement, the firm should acknowledge this in its response.

CONC 13.1.6 - Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.

CONC 13.1.6 - In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.

CONC 13.1.6 - In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.

CONC 13.1.6 - However, where a firm is aware that an agreement is unenforceable because of non-compliance with an information request under section 77, 78 or 79 of the CCA, a firm should make it clear when communicating to a customer about a debt that the debt is in fact unenforceable. Failure to do so, in that case, would in the FCA's view unfairly mislead the customer by omission. Any communication that implies expressly or otherwise that a debt is enforceable when it is known that it is not, would be misleading. One way to avoid this would be for the firm to explain to the customer the full meaning of 'unenforceable'.

You are in breach of s78 CCA1974 and in breach of FCA rules in trying to pass off a blank copy of your current agreements as compliance with s78 and by attempting to mislead by omission or otherwise that the agreement you have provided is enforceable.

This fact is not in doubt and any attempt to pretend that you have complied with s78 will be reported to the FCA.

Each and every communication you send trying to mislead myself that you have complied with s78 will result in a new report to the FCA.

I will in the meantime be reporting your existing misleading conduct to the FCA.

I would also remind you that trying to pretend that there was ever an executed agreement when this was not the case would not only be a misleading practice, but in may in fact be fraudulent on your part.

sourcrates · 26 January 2015 at 12:37PM

It was for your information only, and as Happybuuny says, dont tell them whats wrong with it, just that it does not comply with your request.
Just follow the advice in the above two posts and you will be fine.

Brightspark87 · 26 January 2015 at 2:24PM

I just wanted to say good luck - shop direct have caused me SO many issues defaulting me when I shouldnt have been defaulted (sucessfully removed!) charging for debt collectors letters when I was up to date with payments and even reporting that I was in an arrangement to pay when my account was fully paid up!