Kays Catalogue/ Wescot/ GCC Credit Services

dmg24

Early last year I ordered a washing machine from Kays Catalogue. However, after several attempts at delivery to the wrong address, I told them to cancel the order.

End of story ... or so I thought ...

Today I have received a letter from Wescot Credit Services, demanding payment of £350, in respect of a debt incurred with Kays!

At this point I was not impressed, but still quite calm.

I called Westcot, and was told that I would need to speak to Kays. The operator was quite nice about it all and gave me a contact number for Kays.

I called Kays, who told me I needed to speak to GCC Credit Services, because I 'obviously' had incurred the debt at some point. At this point my blood boiled, I can appreciate that mistakes happen sometimes, but I was now being accused of lying!

I called GCC Credit Services, and was told that there is nothing that they can do by phone, that they do not have email (to which I said a naughty word - sorry - was just mad!), and that I would have to write in.

I am stupidly busy at the moment (have barely been on here all week, so things must be bad!) and really do not have time to enter into correspondance with these people when it could be so easily sorted by phone.

So I'm now feeling extremely pedantic. If I let them issue court proceedings against me (at which time I shall obviously respond, hopefully my life will be a little less hectic by then), will this have any negative impact on my credit file? There is no question that they will lose the case.

I know I'm being argumentative for the sake of it, but I am so mad!!!

Thanks in advance for any constructive advice x

Astaroth

No, a CCJ is only entered against you if judgement is awarded against you however you are required to attempt to resolve issues before involving courts and there is a slim chance that if you do not respond and you win the court may still make you pay costs (though obviously not the debt).

The question I would have is what evidence do you have that you have not incurred the debt to counter their evidence to the fact you did?

gyzmo

Since the washing machine has not been delivered, and one cannot prove a negative, the burden of proof that the washing machine had been delivered (or rather, that the contract had been fulfilled) would lie with those requesting the judgement. You cannot show that you do not have a washing machine. supply a statement to the court to this effect. It will then be down to GCC to prove that they did.

dmg24

Difficult one - because obviously I have nothing to show that I don't have it! However, I know the people that live at my old address, and they have never taken delivery of it (I do trust them completely), so Kays will have no proof of delivery to either my new or old address.

Just had a thought - the delivery was supposed to be made by Hotpoint (Kays kept telling them the wrong address, because they weren't allowed to take the instruction from me directly). I'll call them tomorrow to see if any delivery was ever made ... anywhere!

Thanks for replying Astaroth x

gyzmo

It isn't a difficult matter at all. You have not received the goods. It is down to CCG or whoever to show that you have. If they cannot, then the case will fail. If anything, it should be a case of you bringing action against them.

dmg24

Thanks gyzmo,

If it was happening to somebody else I would give the same advice that you have - think I'm just a bit overraught with it all - this along with the interest rate rise has not made it the best of days! x

dmg24

Just spoken to Hotpoint - they have verbally confirmed that they have never delivered the item to either address. I have a contact name there, so will speak to Kays again tomorrow (when I am calmer!) and tell them where to go stick their 'debt'.

Thanks again guys x

gyzmo

That's exactly what these companies know what consumers will think. They have the upper hand in terms of time and resoucres and money. I can only say thta you should stick to your guns. I am in dispute currently with my catalogue company. It is simply a case of not letting them get away with it. The law is on your side - they just hope that you won't see it that way.