catalogue charges

maypimm

i have recently had to send financial difficulty lists to my creditors. i have made offers as to what i can afford to pay, most have accepted offers. i have catalogues i am paying regularly my offer, they send me statements with charges on claiming i am not paying the right amount, when i offered them an amount they say they cannot accept my offer, and that they will have to send my account to a debt collecter, they have not done this but keep sending me charges, is this right what can i do? i would rather they get a debt collectection company to collect the money and get rid of the charges, i will never be able to pay the account off with all the charges going on. help.

tifkitten

thought this link might help...
http://www.nationaldebtline.co.uk/england_wales/pdf/self_help_pack/credit_debts.pdf

(pg 30 might be of most use)

fattyrae1

Hi, what catalogues are you with? If you cannot pay your bills then they should accept that and work out a set amount either weekly or monthly. I know littlewoods did this for me. I think as long as you contact them and say you are having problems they have to accept a lower payment. Phone them again and speak to the financial section.
Another thing, did you sign a credit agreement?
I had an account with la redoute and got into trouble. Every time i reached my credit limit they put it up - my fault, i know for spending, but you see it as free. Eventually i couldn't pay and asked for a signed copy of my credit agreement - which i knew i hadn't signed - and they sent me a blank copy and told me i agreed by ordering goods. I sent them the same letter again and they wrote back saying i had to pay. I sent them another letter with legal jargon - i will see if i can find the website i got the letters from - and yesterday received a letter telling me they could not chase me for the debt. Worth a try? :xmastree:

maypimm

i have kays which are the ones sending me charges, i have phoned them and all they say is they cannot accept my offer although they dont send back the payments i make, this tells me they have accepted although not in writing, i have never signed any contract with them. i have joined cccs and speak to them as often as i get the statements, they say i am doing the right thing, it doesnt stop them putting on the charges. do i write to kays, what do i say?

BoltonMinx

Hi,

I think you may get more responses if this post is moved to the debt-free wannabe board. I'm sure Ive seen similar posts there You can ask one of the lovely board guides on here to do that.

Justicia

fattyrae1 wrote:

yesterday received a letter telling me they could not chase me for the debt.

Apologies for deviating slightly. If possible, fattyrae1, could you please type up what the wording of that section of the letter was please

Out of curiosity

fattyrae1

Here is the letter i sent to them.
http://www.nationaldebtline.co.uk/england_wales/

There is a link for sample letters. Use the one asking for a signed copy of your credit agreement. Bear in mind that they will not let you off straight away, as long as you haven't signed an agreement they can't touch you but they will try everything they can. Don't give in and if you get stuck let me know.

:xmassign:

Fran

BoltonMinx wrote:

Hi,

I think you may get more responses if this post is moved to the debt-free wannabe board. I'm sure Ive seen similar posts there You can ask one of the lovely board guides on here to do that.

Thanks BoltonMinx, it has been moved. :rudolf:

VenuS

maypimm wrote:

i have kays which are the ones sending me charges, i have phoned them and all they say is they cannot accept my offer although they dont send back the payments i make, this tells me they have accepted although not in writing, i have never signed any contract with them. i have joined cccs and speak to them as often as i get the statements, they say i am doing the right thing, it doesnt stop them putting on the charges. do i write to kays, what do i say?

Ask the CCCS to write to Kays on your behalf if Kays are being stubborn. The CCCS are wonderful at getting the point across you cannot pay what Kays want. Most companies listen more, and respect the CCCS than the person having the problems.

It worked many times for me, so this is from personal experiance. The CCCS also can ask for late charges to be removed.

Hope this helps, and good luck

-VenuS

Harassed_2

Send the catalogue company a copy of the letter below. Send it by Recorded Delivery and enclose a £1 postal order in payment of the statutory fee.

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.

Should sort them out.

Harassed_2

I sent them another letter with legal jargon - i will see if i can find the website i got the letters from - and yesterday received a letter telling me they could not chase me for the debt. Worth a try?

I think the letter you're referring to is this one. Send this if they continue to hassle after a request for a signed agreement.

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,