Science Fiction Bookclub/CDCA

Livibh0y

Hi,

this is my first post here, and while i expect the answer to be 'NO' i thought i'd ask anyway.

Last year, i joined the Science Fiction & Fantasy bookclub. After a few months, i cancelled my membership and gave my partner the money to clear off what i owed. However, i wasn't aware that my partner hadn't actually cleared the balance and i thought no more about it until i got a letter from CDCA (Meagher) about an outstanding balance of £136.00. After a few enquiries, i agreed to pay back at a sum of £12 per month as i was on benefits after being made redundant. The sum was paid via a standing order.

All was well till about 3 months ago when the standing order stopped coming off my bank. Despite repeated phone calls and letters to CDCA, the money hasn't been taken and now today i got a default notice dated 24/11 threatening me to pay up within 7 days.

I've read other threads on here about getting copies of credit agreements and stuff and wonder if it is something i could use against them. Don't get me wrong as i've no qualms about paying my debt, but i'd like something to stick up the CDCA's nose if they do try and take it to court. They basically want the full amount up front and i can't afford it so i'm kinda hoping that this would give me enough clout to reinstate my payments monthly.

So, can anyone tell me if the CCA would hold up despite my already paying off part of the balance? As far as i can remember, there was no mention of credit agreements when i took the membership out online, although the company did state that they may make a credit search. They are members of the DMA and i can see no mention of them or any organisation that is part of the DMA being regulated under the CCA. Does the CCA apply to distance selling legislation?

Like i said, i'm not avoiding the debt..merely trying to level the playing field!

Any advice appreciated!

Xbigman

You are highly unlikely to get any joy trying to write off the credit agreement. When you signed up online you had to tick a box saying you had read their terms and conditions, which is legally binding.

If you ex partner failed to pay money on your behalf it doesn't matter. The law is that it is your debt and your responsibility. So no help there either I'm afraid.

You say they didn't take the standing order. Do you mean direct debit? 'They' claim a direct debit 'your bank' sends a standing order. If a standing order fails it is your bank, and therefore your end of the arrangement, that has not gone through.

Payment wise. If you are on benefits and they take you to court you will be ordered to pay what you can afford. Usually a maximum of £5 a week. Court action is pretty much a bluff from them. You should prepare an income and expenditure statement and send it with an offer to pay the amount this shows you can afford, or £1 (whichever is more). Just keep sending that to them recorded delivery with the payment you propose each month whether they accept or not.
Regards



X