unenforcable loan??

churchrat

mikeandrach wrote: »

what protection do as a consumer have?
surely if the company alleges something, but can't prove it, then they can't legally do me any damage?

if only that were true.
you can ofcourse, argue all you like, demand proof and so on and on and on BUT
they will just trash your credit file. You will then, of course, go on to argue so that all "black marks" are taken off and your file is all clean and shiney
BUT
even if you win,this will all take time.
They really don't care. For you this has become intensly personal, they have said that you are a liar and you are determined to show them that you are a man of integrity. Good luck to you with that, just don't need a new mortgage, contract phone or credit card while this is going on. They don't know you, they really don't care what you do or say, your letters to them are just in a big pile of similar letters. You are not a george fighting a dragon, this is just a private argument which will see you losing even if you win.

They may or may not win, but whatever happens not one of them will have lost any sleep, written to strangers on forums or had thier credit rating trashed because of you.
I do understand how it feels to be told that you are a liar, that the credit company did not say what ever you KNOW that they did say, but at the end of the day you have to decide what is more important. This is not about proving your decency/integrity to anyone that matters, this is about a company that really don't care.

good luck with whatever you decide to do.

ps
you have still not said when this agreement was taken out?? the date is very important.

cmatt360

mikeandrach wrote: »

what protection do as a consumer have?
surely if the company alleges something, but can't prove it, then they can't legally do me any damage?

legally - well that depends if the court sees it in your favour. That is a BIG if - if they don't, your credit rating will be in tatters.... (worse then mine even ) So will be nigh on useless for getting anymore credit in the future.

blue_monkey_2

Mike, first off, so many people want their loans to be unenforcable that people get tired of them. Change your title (on your OP - Edit - Go Advanced) and then you might get more help.

I've read the blurb on their site. BNPL does not mean you have to pay in monthly amounts, you can choose to make ONE payment for the full amount interest free in 12 months time or you can pay in 12 months time and pay the interest option too. Note use of the word 'IF' in their T&C. I am assuming that you want to opt for the one payment option on BNPL.

However, they have chosen to start charging you straightaway and are adding interest to those payments too.

I have had dealings with the debt collection side of SDG a few years ago and they are just plain rude and nasty - I am not surprised they will not budge. They assume that if you are buying from their catalogue you are buying big items like TV's on credit terms as you cannot afford to pay (SD ARE aimed at these people, these are the customers they want - I wonder why!!).

When you buy something from them you have to input a code - this code should show on your confirmation email. Do you still have this?

If you are not eligable then the order does not go through, it says you cannot use the code, if they choose to decline you at a later time then you will get the letter, they will not send you the goods. Get some codes off the codes board and give it a try if in doubt.

The problem here being that you intend to pay in one go, in Feb 10, in the meantime they have decided to start charging you and adding interest on as well. I would absolutely be fighting this too. Did you get any joy from CAG? Have you spoken the the CAB?

Change your title to 'Bought to pay 2010 IF but being charged now, interest added & debt collectors chasing, what to do'? and see if this helps. You bought in Jan/Feb 2009 so you cannot say the loan is unenforcable but I would fight the fact you are being charged interest.

The other thing that might be possible is let it drag on 2010, make your one payment as you wanted to do when placing the order and then tell them you have made your arranged payment and now want the account cleared of the interest and any debt collectors fees removed as you made the arranged payment, using the terms they agreed to when accepting your order. Then you might need to find out what you can do further.

Oh, and you seem sensible enought to have house or car insurance, you must pay an amount to have legal assistance, give them a call. Also, your wife must be in a Union, they offer free solicitors to union members (my husband get's this with his union subs) get in touch with them NOW and maybe a solicitors letter will get things going for you, either way they will know what you can do leagally. Just make sure you have all of the paperwork to hand and hopefully the code you used when placing the order. Try going into your SD account via the homepage and seeing if you can find past orders, it might be on there too.

Just out of interest, on your first statement did they give you the choice to make one interest free payment or did they start adding interest on straightaway?

Good luck.

blue_monkey_2

BNPL aside, I think the OP is more agruing the fact they are charging him interest on something that should have been interest free anyway.

I would have thought that as the payment was due to be made in Feb 2010 then the BNPL would have been taken out Jan/Feb 2009. Maybe the OP can clarify this.

The thing is, if the OP pays it now SD will also expect the interest to be paid and why should be pay the interest, he wanted it interest free, he could have spent 5k for what anyone knows, why should he pay more than 1k interest? And there is no way I would be paying interest on goods I expected to be interest free.

If you took out a 0% credit card, transferred the balance of 5k from another card and they started adding interest from day one - would you pay it? I've been a member on these boards long enough to know that the answer would be a big fat NO!!

mikeandrach_2

accounts opened end of last year, goods ordered in jan/feb 2009.

churchrat

the trouble is that he will be trashing his credit report for ages, if he pays anfd THEN fights he will have a clean record.
of course, that may not be important to him, mine is not at all important to me.

mikeandrach_2

is important to me, but i will not ever be walked over by anyone, and i mean anyone. i have never lied down in a battle and i will never. like i said before, imagine if i was an old woman who had oredered a modest item to treat herself that she knew she could pay for in a year, then got demands for high interest repayments, if that was your gran, would you fight it for her or tell her to give in? i may not be an old person who won't fight, but if people like me don't fight companies like this what hope do we as a shopping public have. they can screw me as much as they like, i will win though. i never give in.

samantha2312

I had a similar problem with dfs and buy now pay later. DFS i know silly me, the couch less than a year old and looks 10yrs old lol
Anyway, I had signed to pay after 1 year and they started chasing (GE Capital) I wrote them several letters all recorded and then I just said take me to court and we will sort it that way. Suffice to say they didn't take me to court but instead a manager said that out of goodwill will let me have 1 yr payment free. It was what I was supposed to have but if they think they have won and it sorts it amicably so be it.
All I would say is stand by your guns and don't back down, but make sure you did definitely sign to pay later or you will be very red faced. Send them copies of any paper work all signed for of course and follow it with a phone call and request them to reply to you in writing so you have something to show.

louloubell36_2

mikeandrach wrote: »

i bought several items on buy now pay later from shop direct group, littlewoods, kays etc. they are syaing i dind.t buy themon buy now pay later and demanding monthly payment at 26% apr. they have stated they will no longer deal with my complaints as they are adamant they are right, and have told trading standards this.
i have written to one of them, littlewoods, to ask for a copy of my crdit agreement to prove i agreed to pay monthly. they won't be able to supply me with one as i would never have agreed to a monthly payment. i also beng cynical changed my signature in the letter i sent them, so if they forge it i will know. am i correct in thinking this could make the debt unenforcable? i am not disputing i received the goods, but i definitely ordered on buy now pay later.

hi, been reading all your posts as i have the similar thing, high interest, charges etc etc phone calls, i have just asked for signed agreement and doing the same sort of thing as you. sicck of these big companies. as for the comments from some of th that ese nasty people on here they are bang outta order. would be interested to see how you get on i have got a few things on the go at the moment, i like you intend to pay my debts but wen interest and charges are highter than good not fair. would love to hear back and hear wot you have to say. like one person said go to the consumer forum there is lots of info on therie and nicer people!!!! best wishes louise. [EMAIL="louloubell36@hotmail.co.uk"]louloubell36@hotmail.co.uk[/EMAIL].

mikeandrach_2

hi louise. i've looked at the consumer site and will contiue to post here. not been done over by shop direct or running away from some of the self rigtheous brigade on here. i actually think this is the better site overall, just a few people on this forum seem to be muppets. good luck to you to, i'll send you a pm if anything siginficant happens from them. if the outcome is that they can't produce the paperwork, i have made a decision todya, which won't be popular here, but i will nt pay them anything. in my work if i lose a finance agreement i lose the money, eveyr penny of it, even if the customer pays, if they are so irresponsible with their admin, then maybe they will tighten up. if they dont have any agreements, who does? have they lost them? or were they never printed? considering the time i have already spent arguing with them and the costs etc i will end up losing more than the interest if i fight it, so it owuld be cheaper just to pay on their terms! i'm not going to give up, make sure you don't/ anyone else in thisboat, write to shop direct immediately asking for your credit agreement. the more hassle and trouble we can cause them the better i would think.