Update on Catalogues and CCA's

malaxim

Does the following represent a change in approach by catalogue collectors.
My wife ran up several debts 3 years ago while I was abroad. She's suffered clinical depression ever since and we've been financially restricted whilst trying to clear them.
She has 2 major catalogue debts, neither of which I can find any information about, so I've written to both collection agencies concerned, asking for a break down of the debt and a copy of the signed cca.
In one reply, Reliable Collections have informed me they don't according to the act have to supply me with a signed agreement, just a copy of the type of agreement she would have been sent.
They also tell me that she has paid 73 payments totalling £1959.67 but still owes a further £863, which I find unbelievable, especially as she has no memory of where the debt was incurred and no physical proof or evidence, new car, furniture etc.
They say that they will hold the account in abeyance for 28 days and if no further payment is sent will record the debt on equifax etc, they already have, mind.
No mention of writing the debt off and no answer to my request to show where or how the debt was incurred. They suggest also, I renegotiate a payment deal or make an offer to clear the account, but unlike others I've seen here mention nothing of writing off the debt.

fatbelly

malaxim wrote:

In one reply, Reliable Collections have informed me they don't according to the act have to supply me with a signed agreement, just a copy of the type of agreement she would have been sent..

Call me a cynic, but could that possibly be because there never was a signed agreement that they could send a copy of.

If they can't provide one to you, how are they going to provide one to the court?

Xbigman

This is not the first thread where collection and catalogue companies have tried to evade proving a debt. I would now write to them explaining the situation with the clinical depression and lack of records and tell them you will send no more payments until the debt is proved.

Given the amount already paid you will certainly have paid for the goods recieved and the rest is just their interest and charges. They will probably harrass and threaten you but you should ignore it all. Worst case scenario is that it goes to court and you get a CCJ that will only order you to pay what you can afford to anyway. Best case scenario, they write it off.
Regards



X

Kimberley

Xbigman wrote:

This is not the first thread where collection and catalogue companies have tried to evade proving a debt. I would now write to them explaining the situation with the clinical depression and lack of records and tell them you will send no more payments until the debt is proved.

Given the amount already paid you will certainly have paid for the goods recieved and the rest is just their interest and charges. They will probably harrass and threaten you but you should ignore it all. Worst case scenario is that it goes to court and you get a CCJ that will only order you to pay what you can afford to anyway. Best case scenario, they write it off.
Regards



X

I'm in that situation, i'm ignoring paying until i get my credit agreement from Littlewoods, sicnce sending a letter requesting it, i've heard nothing from them and this was months ago.

fatbelly

In the unlikely event that you get a court claim on these debts, you can defend it on the grounds that it is an improperly executed agreement under the Consumer Credit Act.

Harassed_2

Reliable Collections are talking cr*p. The creditor is obliged under the CCA to supply both a true copy of the agreement and a statement. Use the letter below to write to both of the catalogue companies (NOT the debt collectors). Enclose a £1 postal order with each and send the letters Recorded Delivery.

I require you to supply the following documentation before I will correspond further on this matter.

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, PO Serial Number xxxxx.

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.

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.

malaxim

I've spent the weekend trying to gently find where the money was spent and my wife assures me she couldn't have spent that much because she used the catalogue in question for clothes only.
Thanks for the letter I'll send a version to them, thier address is virtually identical

stiffnuts69

The agreement is not enforcable under the CCA1974. Why do catalogue companies not get you to sign an agreement in the prescribed format I just dont know.

They cant enforce the debt otherwise

Harassed_2

Why do catalogue companies not get you to sign an agreement in the prescribed format I just dont know.

I do. It's because they're GREEDY. Don't want to lose an 'impulse' buy before you've had time to think about it. Only themselves to blame. They tried, years ago to gain an exception to the CCA rules.

They were told to - off.

notbadoff

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?

jonesMUFCforever

notbadoff wrote:

What can I do?

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?