Catalogues

owenmonicapeter

Just a quick question, I had a couple of accounts with Shop Direct that have been added to my DMP.

It has been mentioned to me that if I have not signed a credit agreement they cannot enforce the debt, is that right?

I didn't sign the credit agreements.

timbstoke

It depends. The law was changed a few years ago (someone who knows more than me will be along with details soon, I'm sure) to allow for accounts opened over the internet. Therefore, if they can show that you signed up to the account online after that change in the law, and made use of the account, then yes, it's enforceable.

pure_dead_dopey

It depends on quite a lot of things, including the date you took out the account. Do you know when you took the account out?

Tixy

When were the catalogue accounts opened? were they opened by post, phone or online?

owenmonicapeter

they were opened online in approx 2006/2007.

I remember reading something online and getting something through the post that I didn't sign.

pure_dead_dopey

When you sign up online, a wee ticky box can be taken as your signature, and it doesn't matter what you've got, it's what they've got that is the important bit. The law changed in April 2007, anything after that gets much more difficult to look at enforceability.

makemedebtfreeplease

I know this wont be popular but I think that you spent the money so should be looking to pay it back not avoid the consequences....

pure_dead_dopey

that's your opinion and you are entitled to it, however you don't have the faintest idea why the OP is asking about his CCAs, therefore you don't actually have any evidence to base your opinion on. You have no idea what has happened to bring the OP here and until you know the ins and outs and who has done what, the OP doesn't need to be made of aware of your opinion. and I'm afraid that's my opinion

happy_bunny_2

Send them CCA request. If they don't have yours they will send you a current one that isn't worth the paper it's printed on. I know as I have one. They also told me they didn't have a signed one.

fatbelly

makemedebtfreeplease wrote: »

I know this wont be popular but I think that you spent the money so should be looking to pay it back not avoid the consequences....

I don't think you're any more unpopular than anyone else who fails to read the original post before wading in.

The question was about enforceability - can a creditor enforce a debt (i.e.by court action) where there was no signed agreement (as there often was not with catalogue debts).

The answer has already been given - if started before April 2007, no. If started after April 2007, yes.

This is about priorities. Obviously an enforceable debt takes priority over an unenforceable one.

boogiemaster

If you have ordered goods and signed for them then they have your signature and even if someone else signed from your address they know it was delivered to your address.