Catalogue Debt

donnalove

can i just say the reason i used the letter was not to get the debt written off but to try and stop the ridiculous interest,but as they sent back not chasing me for the debt i have now left it.
i was paying reduced payments for four years yet they were still charging interest, the interest rate went up when i got into trouble with it.at the end of the four years my balance was actually higher than when i first started struggling, the balance written off was about £1600, over the 4 years i had paid them about £1800.so infact all i was paying was interest.
they shoot the interest rate up as soon as you fall into trouble with payments which then makes it harder to clear.
sorry but on this one my morals went out the windows, they were so blatently horrible, when i got into trouble that i do not feel bad about doing what i did in sending that letter.

after all they didn't care when i started struggling they were not prepared to help in anyway, they just increased the debt.

i had also been running the account for over 6 years paying ontime.

file_wizzard

Harassed wrote:

Then they are open to challenge. The Consumer Credit Act 1974 is quite specific on this fact.


61 Signing of agreement

(1) A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner

Just to clarify the above under the Electronic Agreements Order 2004 ( SI 3236) which is an amendment to the 1974 CCA it is possible to "electronically" sign for a credit agreement,

however this would only normally be applicable if a previous signed agreement had been made i.e an overdraft on a bank account, and you then applied for a loan which required you to complete a security procedure to validate identity.

In this case an electronic permission is fully admissible in court as an “electronic signature” and is as legally binding as a “real” signature

However in terms of the original post, an unsigned CCA agreement for a catalogue debt is legally unenforceable, if T-Roll provides the case law eluded to I would be very interested to see it, as even if ordered by a judge in the lower courts it would be completely unenforceable upon appeal.

Amanda65

donnalove wrote:

can i just say the reason i used the letter was not to get the debt written off but to try and stop the ridiculous interest,but as they sent back not chasing me for the debt i have now left it.
i was paying reduced payments for four years yet they were still charging interest, the interest rate went up when i got into trouble with it.at the end of the four years my balance was actually higher than when i first started struggling, the balance written off was about £1600, over the 4 years i had paid them about £1800.so infact all i was paying was interest.
they shoot the interest rate up as soon as you fall into trouble with payments which then makes it harder to clear.
sorry but on this one my morals went out the windows, they were so blatently horrible, when i got into trouble that i do not feel bad about doing what i did in sending that letter.

after all they didn't care when i started struggling they were not prepared to help in anyway, they just increased the debt.

i had also been running the account for over 6 years paying ontime.

I think this is a very different situation to anyone who decides to just not pay on a technicality. The problem will come when people like you Donna, who have used this rule in genuine circumstances are then tarred with the same brush as anyone who just decides not to pay - the companies will push for regulation to make this loophole will disappear and there will be no get out for those in real need!

code-a-holic

donnalove wrote:

can i just say the reason i used the letter was not to get the debt written off but to try and stop the ridiculous interest,but as they sent back not chasing me for the debt i have now left it.
i was paying reduced payments for four years yet they were still charging interest, the interest rate went up when i got into trouble with it.at the end of the four years my balance was actually higher than when i first started struggling, the balance written off was about £1600, over the 4 years i had paid them about £1800.so infact all i was paying was interest.
they shoot the interest rate up as soon as you fall into trouble with payments which then makes it harder to clear.
sorry but on this one my morals went out the windows, they were so blatently horrible, when i got into trouble that i do not feel bad about doing what i did in sending that letter.

after all they didn't care when i started struggling they were not prepared to help in anyway, they just increased the debt.

i had also been running the account for over 6 years paying ontime.

This is how my debt has run up too. I originally owed about £300 and something. I then lost my job and asked to reduce payments on a payment schem. At that point they stopped sending invoices and excepted the £10 a month. 2 years later a big leter arives from moorcroft saying the debt is now over £680. They had ben adding interest and a charge each month.
My fault for not asking for updates of figures and double cjhecking what id be charged. They told me verbally interset would be stopped. Over the 3 years i have ben paying reduced payments i have paid back all that i bought...now it is £600 of interst and charges....which moorcroft seem to be adding to. I dont fel guilty at all for asking for the signed agremnt and avoiding paying any more. I have paid them for all the goods i have bought and more.