Catalogues/Not Signed CCA's Etc

dexters_mum_2

I'm in the process of helping both my hubby and best friend with money problems!

Hubby is in a DMP with PayPlan and my best friend is about to go the same way...

With Cath, she has numerous catalogues and these are chasing her now hence why she's going to PayPlan I'm helping her as much as I can and I have seen some threads that say if there is no signed CCA agreement available the debt is not enforceable? We did have a go at Shop Direct about this and they revert back to the 'we have closed our files as no CCA is available'

Is it viable to try to do this with all the creditors with whom she believes she has no signed CCA agreement with and how does this work if they cannot produce a CCA and they have issued a default and also, what if she has made payments in the past before the account was defaulted, is this tantamount to admitting a debt?

Also hubby has had a letter from DLC today about a debt he knows nowt about so I'm quite interested to know to advise him too.

DM xxxx

JGWT8M

Always woth fronting up to them with the CCA demand, it shows them you know your stuff and so they won't try some of the tricks they may do if you simply acknowledged the debt.

I believe that if they cannot produce a signed CCA (original) in Court and you have not previously made any payments or acknowledged the debt to them, then your defence can be along the lines that you have no knowledge of the debt, whether a district judge will believe you and set aside the summons is another thing.

I think the legal "technical" point is the debt is not enforcable through a Court, but it won't stop them chasing you though.

Broken_hearted

I think she should pay up.

kevin_M

i agree with broken hearted tbh... its best to face up and repay the debts.. after all they are her debts and she got the stuff.

But yes goto payplan and get her sorted out with cheaper payments.

Xbigman

Ask whoever currently has each catalogue debt for a signed credit agreement, sending a £1 fee for each. If they cannot supply one then the debt is unenforcable. They may sell it on and you end up going through all this again, but they still won't be able to enforce it. If they do supply a signed agreement, you are stuck. In any event you will still get defaulted and find it near impossible to get those defaults off.

Do you morally owe the money? Good question. As lenders use every dirty trick in the book to get the most out of you then I believe you should do the same back to them. This is consumer warfare not consumer 'nicey nicey'. Its also a point that defaulted catalogue debts have lots of interest and charges banged on. Its quite often the case that the actual goods are paid for and the debt ends up solely made up of !!!!!! they have added on.
HOWEVER, if you run up debts just to avoid paying later then that is fraud and you could go to jail. You also trash your credit rating for very little in the grand scheme of things.

One last point. I opened a Barclays account for the £100 bonus, took the money and never used it. In those circumstances was I morally entitled to that money?
Regards



X

dexters_mum_2

Well, thank you all.
I too believe she should pay what she owes however, there was one from a Catalogue for 'free' goods when placing her first order, she paid this first order off but then they decided that she should pay for the free goods because she hadn't ordered anything else within a 3 month window and that was Shop Direct Financial Services and they couldn't produce the CCA.

I think PayPlan have said she has around £109 per month to give and thats for all of her creditors, which is a lot more managable.

JGWT8M

I never said she should try and riggle out of it, I just answered her question.

If you want to admit to every debt collector that comes knocking the debt is your's before they've proven it is, feel free.

dexters_mum_2

I didn't actually imply you did JGWT8M! I merely said I agreed with what you had written.

JGWT8M

sorry should have put "if someone wants to admit.."

Wasn't having a go honest :beer: