Shop direct

cali_

Recap: I asked Shop direct to stop charges and the interest so that I could pay and clear the balance. They refused and I could could not make the minimum payments but paid what I could. The charges continued, sometimes 4 different £12 charges per month under different reasons. This added to the balance and I used the letters from here to ask for them back.

I have been in a letters battle with Shop direct since early November last year. Their final response is that they will not pay back the charges back.

We [partner and me] now have to take it to the FOS but we already have 2 other cases with them and they are taking ages! Has anyone had any success with Shop direct or should we give up?

All helpful posts, thanks in advance.

Premier_2

How far are you prepared to push the matter?

The FOS say they clear up about 1/3 of their cases within 3 months and about 80% within 9 months.

Of course, they may not find to your satisfaction either, in which case you would need to take the matter to court if you wanted to pursue further. Even if you secure judgement there in your favour, are you prepared to press for payment ... because it's quite often those required to pay out don't do so willingly.

K1RST1E_2

Hi Cali,

The Financial Ombudsman do take a long time especially with the amount of complaints they have been getting. It took a year for them to conclude a PPI case I had with Welcome Finance, which still isn't closed.

I probably shouldn't say this but I obviously want to help you. Last August, Shop Direct Finance wrote off my balance and closed the account just because I challenged the absence of a signed credit agreement. I only wrote one letter to them and recieved one back saying the balance had been wiped, account closed and they would not be pursuing the debt any further. My credit report shows a status of an unused account; no default, no missed payments etc. I never thought it would work. I saw it on a website and thought what have I got to lose? And I lost a £899 debt!!

I know that MSE hasn't posted anything about this on here as you are wriggling out of a debt you owe and the technicalities this strategy relies on is very flawed!!!

Kirstie.

Premier_2

K1RST1E wrote: »

...I know that MSE hasn't posted anything about this on here as you are wriggling out of a debt you owe and the technicalities this strategy relies on is very flawed!!!

Kirstie.

MSE have written about it. Unfortunately that loophole has now been closed.

High Court 'closes debt write-off loophole'

Jamesf81

How can a High Court Judge state lenders to not have to supply an exact copy of the agreement.

Lenders do not have to provide an exact copy of the original agreement. They simply have to provide "a reconstituted version... which may be from sources other than the signed agreement" under Section 78 of the Consumer Credit Act

Section 78 of the consumer credit act clearly states the creditor is to forward the consumer a copy of the executed agreement. An executed agreement been a completed and formally signed a document (legal definition).

So under the Consumer Credit Act an executed agreement is an exact copy of the agreement.

All this verdict seems to acheive is give creditors the message not to bother whether or not they execute agreements correctly or not bother to keep them as they would never have to produce the original on request.

Where is the legal sense and consumer protection in that? Not all consumers are on the diddle some request agreements as the beleive the creditors have not fulfilled their obligations correctly.

K1RST1E_2

I guess I was one of the lucky ones then!!