catalogues and CCA?

spinningsheep

Hi, in my current situation, I have approx £2000 debt to catalogues with shop direct and Next, but I never signed any CCA's. I know this as I just found them, signed but not posted, I simply forgot it seems, but now, in my situation where I am considering an IVA as I have no other option, would this mean I can pay what I can afford instead of them dictating what I have to pay, without having to do an IVA, as they cannot legally pass my accounts to a DCA/court action? I dont want to wriggle out of paying, just wondered if this may be a glimmer of hope that I can avoid financial ruin! Any help appreciated.

Merlinexcalibur

Just a suggestion re the CCA. But Next and the other company you mention are 'lax' it seems on these things. So, might be worth you requesting it anyway. As you will know I am sure, you will then have any paperwork to hand to back anything up.

It's not or should be construed as getting out of paying but you are merely asserting your legal rights when said and done. Which you are perfectly entitled to do despite what anyone else may think. It also prevents certain action up to a point without certain pieces of paperwork.

The trouble is, some DCA's do specialize in purchasing debts that have no CCA.

as they cannot legally pass my accounts to a DCA/court action? I dont want to wriggle out of paying,

That is often a misnomer because they can still take you to court but they will find it harder to enforce the debt, but you still owe the money. The judge would then decide on what is presented. So, yes, having no CCA is a bonus but it can still happen.

What stage are your debts at with Next and Shop Direct? Eg where are they in terms of debt collection? I will explain more when you reply. Because it matters which DCA is dealing with it as to what they are known to do next.

but I never signed any CCA's. I know this as I just found them,

Erm, yes, but you'd still need to get that in writing from them not just rely on you not signing one, sending it off. Purely to protect yourself legally. Because if it went to court a judge will WANT to see paperwork, physicall proof. They don't normally work off 'he said she said' for example. Just a suggestion, nothing else.

Merlinexcalibur

Just trying to help BTW.

spinningsheep

No worries merlinexcalibur, thanks for the reply. All the accounts are still with the original creditors, most in arrears by about 3 months. I contacted them about reduced payments and the best they could offer was rolling the accounts into either interest free for 6 months on some, or interest bearing loans for the others for 2 years, but the payments would still be crippling for me on both. I thought, if I offered them say £30 a month for now, would they accept based on the fact they hold no signed CCA on file for the accounts.

fatbelly

If these are accounts commenced after April 2007 then no signature is required.

If before April 2007 then the debts are unenforceable without a signed agreement.

SDFS and Next can both be persuaded not to pursue.. The following argument should work

Even though your claim relates to goods sold and delivered to me, because they were sold on credit, the agreement is regulated under s8 of the Consumer Credit Act 1974 (CCA 1974) and does not fall within any of the exemptions in s16 CCA1974 or under the Consumer Credit (Exempt Agreements) Order 1989.

Under s61(1)(a) CCA1974 a regulated agreement is not properly executed unless a document in the prescribed form itself containing all the prescribed terms and conforming to the regulations under s60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner.

Under s65(1) CCA1974 an improperly executed regulated agreement is enforceable against the debtor on an order of the court only.

Under s127(3) CCA1974 the court shall not make an enforcement order under s65(1) if s61(1)(a)(signing of agreements) was not complied with, unless a document (whether or not in the prescribed form and complying with the regulations under s60(1) itself containing all the prescribed terms of the agreement) was signed by the debtor or hirer (whether or not in the prescribed manner).

I have no written agreement or document of any kind. You have failed to comply with the requirements of s61 CCA1974. The regulated agreement is improperly executed under s127(3) CCA1974 and cannot be enforced by the court.

BTW an IVA isn't suitable for debts of 11k, even if they are enforceable, and that wouldn't help your parents either.

Merlinexcalibur

Hey, that's a great letter. Not seen that one before. Think I'll use that one now. Cos a few of my creditors - including those the OP raised - haven't got one, even got it in writing from one of them but still continue to pursue through a DCA. They go away for weeks, then come back again like vampires.

fatbelly

Merlinexcalibur wrote: »

Hey, that's a great letter. Not seen that one before. Think I'll use that one now. Cos a few of my creditors - including those the OP raised - haven't got one, even got it in writing from one of them but still continue to pursue through a DCA. They go away for weeks, then come back again like vampires.

It was a sample defence to a court claim on a catalogue debt.

I copied it from an early edition of the Debt Advice Handbook.

I've used variations of it a few times now. No catalogue company has challenged it in court. The only one that I cannot persuade to give up is Studio, but at least they don't try court action, and do accept 50% F&F deals eventually.