Shop Direct CCA - Not Signed?

nunnygirl

Hi all, sorry if this is in the wrong place but I'd just like some clarification on the CCA that I received today.

I am not wanting to get out of paying the debt that I owe - I spent the money I am going to pay it back - but at the rate of interest they are charging it is going to take me 14 years to pay the debt back.

I requested a CCA last Saturday and the reply I had back today seemed to be a bog standard CCA agreement without a signature/date the account was opened/account number on it with just my name and old address on the top of it.


Do they have to supply a CCA with a signature on it for it to be enforcable? Can I write back and see if they will supply me with one?

Thanks in advance

Gordon_Hose

If you admit to owing the money and you're going to pay it all back, why do you need to see a signed CCA?

To answer your question; yes they need to provide, if requested, a signed CCA document for it to be enforceable in court.

nunnygirl

I'm having trouble paying what they're asking due to the interest being so high and they won't help with payment plans etc. I wanted to make sure that if I started paying less than the minimum payments that I am not going to end up with a default on my credit file.

Gordon_Hose

They can still add a default to your credit files regardless, they just can't get a CCJ against you in court.

nunnygirl

Ah, OK I didn't know that (teach me to do my research properly!!)

fermi

A reasonably good explanation of what they can/can't do here.

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements

If you took the account out before April 2007, then if push came to shove they might need to provide an actual signed CCA to enforce it in the courts. If taken out from April 2007 onwards, then they would just have to show on the balance of probability that you used the account and spent the funds.

Either way, if a default is an accurate reflection of the running of the account, then they are allowed to record one.

Do you believe they are charging you too high an interest rate? i.e. higher than was in the original agreement or any subsequent changes to the T&Cs that they might have later issued?

nunnygirl

Account was opened August 2007

When we signed up to the company the interest rate was 32.9% apr variable and it's now 39.9%. We are paying 44.9% and they've said the only way it will come down is if we pay direct debit but we can't afford the minium payments

Reidy1982

Nunnygirl i am in the same boat with this company, no matter how many times i asked them for a lower minimum reduced payment they wouldn't give me one that was acceptable enough for me to pay because of the amount of interest rates. Your best bet is to send them a financial breakdown in black and white explaining to them why you can't afford there payments and how much you can afford with the financial workout showing income and out goings. As for defaults they will keep adding them, even if u only paid half the payment they requested they will still add a default onto the account.

nunnygirl

They have now blocked my account for requesting my CCA...it's apparently common place to do so

I can't pay less than the minimum without getting a default and I can't order anything (this might be a good thing!)

fermi

nunnygirl wrote: »

Account was opened August 2007

When we signed up to the company the interest rate was 32.9% apr variable and it's now 39.9%. We are paying 44.9% and they've said the only way it will come down is if we pay direct debit but we can't afford the minium payments

Have you been notified of those changes to the APR terms and conditions?

nunnygirl

Not sure......it was originally Littlewoods Direct and it seems that when they changes to Very the APR went up. I have 2 CCA's here and they have different APR's on them