Fashion world and no signed credit agreement

shellysexbomb

Hello everyone. I have previously used template letters to send to Fashion world after I fell into difficulty making payments. FW bombarded me with up to 30 phone calls a day demanding payment and this got my back up. I sent the reuest for a copy of CCA and got this back.......
In relation to you request for a copy of the executed agreement etc etc etc, there is no requirement ot provide a photocopy of the agreement bearing your signature, it is suffienient that we supply a true copy blah blah blah. A true copy need not bear the debtors signature nor in our case the date of the agreement. We are therefore enclosing a ''true copy'' of the credit agreement sent out to you when you opened this account.

I have not ever seen a copy of credit agreement, much less signed one. I opened the account on line in May 06.
I have had a letter now stating that they feel they have fulfilled their obligations, do not have a signed credit agreement for me and as soon as they 'find' it they wil be in touch (they wont find it cos I know there isnt one) It then goes on about enforceability and says they can sell this debt on to someone else (and indeed it seems they have). I received a letter from Moorcroft this morning saying that I have 7 days to pay in full or they will begin court proceedings.
:mad:
Do i deny all knowledge of the credit account, or admit to it but say its unenforceable? The really annoyin thing is it is entirely made up of charges now and has in fact gone up by £500 in charges since I sent the first 'unenforcable' letter.
What do you 'experts' think I should do next?

shellysexbomb

Incidentally, I do need to say abig thanks to this forum for the info I have gleaned. I have sent budget sheets to all my creditors and dont quite well at sorting things so far. Only exception is Vanquis. They seem to have totally ignored my letters.....maybe because I made noise about ppi and charges )

summerstreetallotments

possibly when you opened this there was a clause on screen which said that you agree to the terms and conditions when you made your first payment etc....I'd wait for this to go to court and then challenge it....they'll have to produce the contract etc.

Mowgli87

Moorcraft wont ,ake you pay the full amount... They will TRY but if you say you cant afford it they will come to a monthly agreement with you. If you applied for credit online then usually there wont be a signed CCA, there will be a clause in the terms and conditions. in my opinion, you KNOW you owe this money and so shouldnt be trying to make if unenforcable. CCA requests are really for people who have no knowledge of the debt they are being asked to pay.

shellysexbomb

Mowgli87 wrote: »

in my opinion, you KNOW you owe this money and so shouldnt be trying to make if unenforcable.

What sticks in my throat is i have paid for the goods I have had, the amount i owe now is entirely made up from late payment and 'over limit' 'fines'. I have argued with them that I have not signed ANYTHING to say I accept their extortionate rates. As I understand it, they arent supposed to add any further charges while the account is in dispute, yet they have added a further £500 in the last few months :mad:

Mowgli87

shellysexbomb wrote: »

What sticks in my throat is i have paid for the goods I have had, the amount i owe now is entirely made up from late payment and 'over limit' 'fines'. I have argued with them that I have not signed ANYTHING to say I accept their extortionate rates. As I understand it, they arent supposed to add any further charges while the account is in dispute, yet they have added a further £500 in the last few months :mad:

Can you reclaim charges as if they were a bank? Im not sure if it works the same with catalogues, but if its put you in financial hardship try one of the letters in the reclaim section of the forum?

Malky

Chances are when you applied for credit online then you will have digitally signed the credit agreement. As for having paid for the items then I think not hence the over limit and late payment charges. If you had paid for everything, your balance would be zero. No?
Firstly, take your head out of the sand and admit to yourself that you owe this money and that it won't go away. You spent it, you pay it back.
Secondly, you need to arrange a payment plan as the way you're going, your balance will be double/treble in no time.
Thirdly, you need to address your spending habits in order to work your way through this and not fall further into debt.

BigCraigJohn

Have been threads on CAG regarding this and seems on more than 1 occasion creditors have failed to take a screen shot. In theory to enforce a pre 07 agreement they would either need a signed agreement or a screenshot showing a tickbox along the lines of "tick here if you agree to the above terms" along with a date.
I think if they are sending reconstituted copies of agreements that recent, it is fair to say its either junk or they dont have 1 fullstop.

As for the fees I totally agree, lets not forget they will then of charged you compounded interest on top of these charges and no doubt they bumped the interest rate once you started to struggle. A charge made a few years ago may of trebled with the interest added so you are certainly right to feel hard done by.

shellysexbomb

Just reread the 'pack' that they sent to me in response to my last letter. They do actually admit that the debt is unenforceable but make no apology for the additional charges added since this began. What I want to know is.......What do i say to Moorcroft? That there is no credit agreement and the account is in dispute so therefore Fashion World are in breach of something in the consumer credit act? Should I write again to Fashion world stating my intention is to NOT pay this debt and request (again) that they stop harassing me? I thought it was all done and dusted last year but they seem to restart the whole thing evey 6 months or so........

stclair

shellysexbomb wrote: »

Just reread the 'pack' that they sent to me in response to my last letter. They do actually admit that the debt is unenforceable but make no apology for the additional charges added since this began. What I want to know is.......What do i say to Moorcroft? That there is no credit agreement and the account is in dispute so therefore Fashion World are in breach of something in the consumer credit act? Should I write again to Fashion world stating my intention is to NOT pay this debt and request (again) that they stop harassing me? I thought it was all done and dusted last year but they seem to restart the whole thing evey 6 months or so........

Did you ever order from them? did you receive the items?

shellysexbomb

stclair wrote: »

Did you ever order from then? did you receive the items?

Yes and yes. I have paid in full for the goods and the outstanding balance is made up of late payment 'fines' and interest. As stated previously, they have whacked over £500 in charges on since i put the account into dispute. Which if I read right, is unlawful. I wouldnt have problem payin this if it was 'fair' but the fact that they rang me in excess of 20 times a day was like a red rag to a bull, so now they can whistle for their charges.