Respond from catalogues after sending £1

beverley1296

GeorgeUK wrote: »

Does it say how repayments are to be made on the agreement?

Have a look at these letters.
http://forums.moneysavingexpert.com/showpost.html?p=11635945&postcount=6
http://forums.moneysavingexpert.com/showpost.html?p=11660785&postcount=12

I would send this to the Kays catalogue as they don't have a copy of the credit agreement. Note however that defaults may be placed on your credit file even though they don't have an agreement and therefore your permission to share your details with a 3rd party.

Many thanks Georgeuk, I will post a letter to Kays later this week, as for the Littlewoods one, can you point me in the right direction of what to do with them please. If it is enforcable so be it, but if it is not, then that would make life easier, I am not bothered about showing bad credit on my file, but I am bothered about court action and debt collectors knocking.

GeorgeUK

1. Total charge for credit £0
2. Rate of interest - purchases on this account are interest free i.e. the rate of interest is fixed at 0%

They have satisfied the APR/interest part with this statement.

Is "credit limit" mentioned anywhere on the form or repayments? It may not be an actual figure but an explanation of how it will be arranged

If you could scan in the form, edit out your personal details and post it on one of the image hosting sites, we may be able to see it and advise. It needs to have the terms mentioned above though for it to be enforcable, otherwise you would also send them a copy of the 12+2 day letter as they have not provided a properly executed enforcable CCA.

If the terms are there however the debt will be enforcable.
I would write to them making an offer of payment in this case or if possible a full and final settlement offer of about 50%. Only do this if you can afford it though.

beverley1296

yes credit limit is mentioned
1. credit limit - we will periodically fix the credit limit and notify you of it.

Also just read another forum on here, and they are arguing over not been sent the original copy, I also was just sent a photocopy showing my signature, should I write back and tell them theyhave failed to show me a true copy of my agreement? if so does anyone know of aletter I could copy please. I am trying to work out how to upload this agreement so you can look at it.

Thanks in advance x

davek1

Hi beverley

A photocopy is sufficient and a "true copy" doesn't have to include your signature in any event.

In terms of if you disputed the matter a court would expect to see a fully comprehensive agreemement with ALL appropriate prescribed items included AND a copy of your signature on it. Otherwise how do they prove you agreed?

My personal opinion is when at least a creditor tries to respond and provides you with something that at least resembles an agreement then i would pay it ( as you have already indicated you will)

However when a creditor can't either be bothered to retain appropriate documentation or comply with their obligations under the law then why should you? One would expect a financial organisation to retain documentation for at least a 6 year period (as required by the Inland Revenue). These are my personal opinions and i know others may not agree. Send them the in dispute letter as recommended by the other posters and see where you go from there.

My experience is that there will be tooing and froing with them saying its still enforceable etc then they will sell it to a DCA. keep copies of all letters and be prepared for a battle. Good luck

By the way i agree you aren't here to be judged but rather supported and approriate advice given!!!

Happy to help if needed.

Dave

beverley1296

I have uploaded the signed credit agreement and the unsigned 2 page agreement,

many thanks

http://s615.photobucket.com/albums/tt237/beverley1296/

rog2

beverley1296 wrote: »

If only life was so simple, I did offer payments to clear the debts and they refused them, so they left me with no other option than to look into whether they are fully enforcable, So if you can't make any helpful comments, keep your snide remarks to yourself, There for the grace of God go you! You don't know my position so don't comment.

Well said, beverly. :T :T

Since the poster, to whom you were replying, had nothing constructive to contribute to your situation, then it is that poster who should be asking him/herself why he/she bothered to post on a public forum.

The absence of a compliant consumer credit agreement does not, necessarily, 'negate' the debt. What it does, however, do is to put you in the driving seat.
By not having supplied you with a compliant cca, Kays are unable to 'enforce' the agreement without the permission of the Courts. Equally, they should NOT pass your information on to a third party, such as a Debt Collection Agency.
Please send them the letter that George has 'linked' in his post.
You are now in a position to negociate with Kays. If they want to get any of their money back, they should listen to all reasonable offers, including monthly payments at a rate that you can afford.
If they persist in demanding immediate full payment, then have a word with one of the Debt Counselling Charities, such as:

• CCCS - www.cccs.co.uk/ - tel 0800 138 1111
• National Debtline - www.nationaldebtline.co.uk/ - tel 0808 808 4000
• A debt Adviser at your local CAB

It is, also, worth looking at the OFT Debt Collection Guidelines, which are as applicable to Kays as they are to a Debt Collection Agency:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

beverley1296

Hiya back again, I posted this letter off to Kays as they could not provide credit agreement (http://forums.moneysavingexpert.com/...45&postcount=6) but NDR are still sending me bills and adding charges of £12 on them, they are also threatening legal action, what should I be doing now?
Any advice please.

GeorgeUK

If they don't have a credit agreement and you have requested a copy, they cannot enforce the debt. Was it NDR that you made the request to?

If so, then you should report them to Trading Standards.

RAS

Also report them to the OFT have have recently taken action against Mackenzie Hall for continuing to chase creditors when a debt is in dispute and count failure to produce a CCa as a valid dispute.

Send them photocopies of the letters from NDR.