Need advice please

COS

My partner allowed someone to buy goods from her Littlewoods catalogue of which she ordered online at which time there was no question asking if it was for a third party. The customer made one payment only and then failed to make any other payments due to losing their job. My partner advised Littlewoods and 2 months later they sent a credit agreement for the customer to sign and give details of address which was sent and received by Littlewoods. Littlewoods said that the customer does not live at the given address how ever spoke to the customer by telephone and he has told them that he is at no fixed address. Littlewoods have told my partner that she is liable for the debt because the credit agreement was signed after he received the goods.

She is now be chased by a debt collection agency for his debt which as marred her clean credit standing and also all commission which she had has been with held as well her name and records sent to credit reference agency as a debtor and the threat of court action. I have personally got involved and waiting for a third party agreement form from the collection agency so that they will be given permission to divulge information to me. Until then i would appreciate some advice. It has got to the stage if Littlewoods don't help or listen then i will be happy to file for harrassment.

bookworm1363

What's the DCA's name? Odds are that L'woods just flogged the debt off to them for peanuts and if that's the case, you can tell them to whistle for it.

Alternatively, if L'woods still has the account, send then £1 and make them produce a valid CCA for your GF for those goods. They won't be able to produce one and then you can tell THEM to whistle.

Unfortunately, the CRAs are a law unto themselves and care little whether the info provided to them is accurate or not.

Make sure your GF is VERY careful of what she signs when asked by these people, it is not unknown of them to send a blank CCA asking the person to sign it so they can then enforce the bill (well, you never know... lol). Also do NOT give a tel no to the DCA or they will hound her that way.

Fire_Fox

COS wrote: »

My partner allowed someone to buy goods from her Littlewoods catalogue of which she ordered online at which time there was no question asking if it was for a third party. The customer made one payment only and then failed to make any other payments due to losing their job. My partner advised Littlewoods and 2 months later they sent a credit agreement for the customer to sign and give details of address which was sent and received by Littlewoods. Littlewoods said that the customer does not live at the given address how ever spoke to the customer by telephone and he has told them that he is at no fixed address. Littlewoods have told my partner that she is liable for the debt because the credit agreement was signed after he received the goods.

As far as the law is concerned, your partner is the customer. She signed the original credit agreement and she ordered the goods under that agreement. If she chose to make an arrangement with someone else to sell the goods on, that is an entirely separate issue. I would suggest she pays the debt collectors and takes the third party to the small claims court.

bookworm1363

But she wouldn't have signed any credit agreement for those goods, so as far as the law is concerned, she has NOT entered into a credit agreement. Every time the catalogue sends out a new order, there should be a new credit agreement sent and the catalogues just don't do that.

Furthermore, if debt collectors have bought the debt, she most certainly owes THEM nothing.

If either the catalogue or the DCA can prove that she owes the debt, then fine, she can do as you suggest. If not, then I'd say they are going to get nowhere and nothing unless she lets them hoodwink her into paying.

fairyangle

Does anyone know the law in Northern Ireland refernce credit cards?
I am new to this and worried sick as i came home to find a card from Belfast Collection Services asking me to contact them. As far as I am aware i do not owe anyone any money unless it is from way back when i got divorced in 2000. If i can remember correctly it was a Barclaycard that i took out in my name for my hubby at the time. When we split i asked for the card back and then the statement came in. I just ignored them but have had letters from all sorts since periodically Lowell etc etc etc roughly 1 a year in the past 4-5 years. Legally is this now a statute barred debt? As the calling card said they will be back in a couple of days.

I would really appreciate some quick responses

bookworm1363

Statute barred. Ignore them or tell them to s*d off, your choice. They can't touch you. (it's 6 yrs limitation in NI, same as England and Wales).