Additions no CCA

winner12

Hi
I sent a CCA request to shop direct who wont play ball over my reduced payments all they sent back was the current T&Cs
I then sent an account in dispute letter with the intention of keeping the account with them and to negotiate a reduced payment
They sent a reply yesterday stating they wont be cancelling the agreement (never asked them to) and unenforcebility does not apply as I have continued to order goods from them since 1998 not strictly true have not ordered for a couple of years and got into difficulty paying last year but they have added interst and charges and the account stands at £3500
So whats the best thing to do use the lack of CCA to get them to freeze intrest and charges and just pay my offer that they keep refusing what would you do ?

fermi

winner12 wrote: »

They sent a reply yesterday stating they wont be cancelling the agreement (never asked them to) and unenforcebility does not apply as I have continued to order goods from them since 1998

What twaddle!

winner12 wrote: »

So whats the best thing to do use the lack of CCA to get them to freeze intrest and charges and just pay my offer that they keep refusing what would you do ?

Yes, perhaps?

I suspect it is more likely that they would sell the debt on to a DCA? They may then either suspend charges/interest?

winner12

Hi Fermi thanks (tried to post a reply twice it keeps crashing)
NDR have written a few threat letters but Im sure its in house so I have ignored those and just dealt with Shop Direct
What should I put in writing everything else falls on deaf ears (its CAP 1 all over again)

chanz4

are their terms and conditions not on every statment, catalogue that they produce? I suppose if it goods were not paid for a catalogue could use as different angle and sue you for ordering goods and not paying for.

fermi

winner12 wrote: »

Hi Fermi thanks (tried to post a reply twice it keeps crashing)
NDR have written a few threat letters but Im sure its in house so I have ignored those and just dealt with Shop Direct
What should I put in writing everything else falls on deaf ears (its CAP 1 all over again)

Yep. NDR are "in house".

Shop direct know that they are required to have an actual signed agreement in place for an account that old.

They are notorious for not having done so.

winner12

Hi chanz4
Im not wriggling out of paying never have with any of my debts just want to pay what I can afford and as Fermi as said its still should have a CCA thats why the law has changed now to protect both sides and why also the OFT have updated their debt collection guide lines hind sight is a wonderful thing but learning from mistakes is priceless and I would never get in this position again and I am determined to be a Debt Free no matter how long it takes to pay it back
Thanks Fermi for all your input once more its very helpful