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Update on Catalogues and CCA's
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As mentioned in my post, I attempted to offer weekly payments but they totally rejected it, and said it would go on account that I was refusing to pay.ejones999 wrote:I have this brilliant idea to get the debt collectors off your back!
If you have received the goods how about paying what you owe even in small weekly or monthly instalments?0 -
ejones999 wrote:I have this brilliant idea to get the debt collectors off your back!
If you have received the goods how about paying what you owe even in small weekly or monthly instalments?
Yes i pay £1 per week to my creditors, it gets them off your backs, they can't do nothing to you whilst you are paying something. Even if they refuse your offer, keep sending payments via recorded delivery and keep all proof.0 -
I want to, I am in no way trying to get away from the debt, I want to have it gone by paying but they dont want to accept £40 per month...0
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notbadoff wrote:I need help, I had a debt with Freemans which I fell behind in a few months ago, since they have hounded me and when I phoned up to make arrangements they werent happy and kept saying to me on the phone 'So your refusing to pay' everytime I said no they said well what arrangements and it got back to refusing to pay, so I said I would put it in writing at which point I asked for a copy of my credit agreement and wont pay a penny until I receive it.
The other day I got the following:
We have not received an acceptable response to our attempts to clear this debt. If you do not respond with FULL PAYMENT within 48 hours we have no choice but to pass your outstanding balance to a door step collector.
This letter was addressed from Golds Solicitors and when I phoned the number it was DDR debt collections...
What can I do?
Good old DDR - Downland Debt Recovery.
Let DDR get hold of it - write a letter to the office which will be in Sheffield. State that under the CCA you have a right to see a signed copy of the agreement. They will then return the account back to the catalogue company as 'cant collect'. Since the info on this site the catalogue companies have been running scared realising what they did in the past has caught up with them. When I did it 2 1/2 yrs ago it was a case of debt written off - nowadays they try to make you feel you cant do it to protect their back - they try to grind you down but persist and you will win!!0 -
If the catalogue companies fail to supply a signed agreement after you request it, respond with this letter:I am in receipt of your letter dated (date); the contents are noted. The item and confirmation that I requested from you has not been supplied.
1. I requested a true copy of the consumer credit agreement that you state exists; to which I am entitled to under the Consumer Credit Act 1974 (CCA). The supposed copy that you have supplied is not a true copy; there are major errors in the information contained therein. I would draw your attention to the following. It is an offence under Section 40(1)(c)/(d) of the Administration of Justice Act 1970 to falsely present a document as having some official character which it has not, with the object of coercing another person to pay money claimed as a debt due under a contract. It is also contrary to the provisions of the Section 25(2)(d) of the CCA to mislead the debtor as to the origin or authority of any document.
2. I also requested you to confirm whether or not you entered a properly executed and signed consumer credit agreement for the above account. This you have not done. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
As the information which was requested has not been supplied, take this letter as notice that both the account and the amount you claim is owed, are in dispute. They will remain so until the requested information has been supplied.
I await your response in writing,
.. and before any of the debt collectors post here start talking about 'morals', what's moral about charging about three times its worth for a piece of 'tat' and then sticking various charges and exorbitant interest on top of that?0 -
Harassed wrote:.. and before any of the debt collectors post here start talking about 'morals', what's moral about charging about three times its worth for a piece of 'tat' and then sticking various charges and exorbitant interest on top of that?
Misguided as usual - Who said they were forced into buying anything !
I think I'll stick with ejones999 - why not do something novel and pay them the £40 and PROVE that is all you can afford with a SOA, if they were unsatisfied with your offer originally it's because you haven't shown that's all you can afford. Why have you requested a copy of the agreement ? Can you not remember ordering/receiving the goods - why were you paying in the first place then ? -just seems like you're trying to wriggle out of paying on a technicality - the hope that they can't provide you with the agreement.0 -
wriggle out of paying on a technicality
Wrong as usual, T_roll. Not a technicality. If the companies concerned don't follow the LAW in issuing the agreement, they can't expect to use it to claim money under false pretences.
Back under your bridge, there's a good lad.0 -
Harassed wrote:Wrong as usual, T_roll. Not a technicality. If the companies concerned don't follow the LAW in issuing the agreement, they can't expect to use it to claim money under false pretences.
Back under your bridge, there's a good lad.
This is simply wrong and you know it - go and speak to your so called lawyer Rameses who will enlighten you.0 -
This is simply wrong
As is a catalogue company taking some poor wretch to court, when they have NO LEGAL CONTRACT?0
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