Mam was an agent for a catalogue, now they are saying she is responsible for the debt

vax2002

The fact they they wont answer the door or telephone calls speaks volumes.
If they were in genuine difficulty they would offer to pay less or promise to pay later.
Looks like they have said, only an old lady, just ignore her.
I can write you a letter to template if you want.

turn_over_a_new_leaf

vax2002 wrote: »

The fact they they wont answer the door or telephone calls speaks volumes.
If they were in genuine difficulty they would offer to pay less or promise to pay later.
Looks like they have said, only an old lady, just ignore her.
I can write you a letter to template if you want.

Wow that is amazing would be a great help! We just feel like we are lost and don't know what to do next.

And I agree about how they could have offered to pay less. Its probably all lies and they just don't want to pay and thats it. We don't want them to get away with what they have done to us! :mad:

turn_over_a_new_leaf

I know it might seem like I'm clutching at straws, but will tiny envelopes with notes on to my mam from the 'customer' saying how much she is paying (and they also include notes and messages) help or be worth anything when trying to prove that the goods were bought by them and they were paying my mam back?

whitewing

Yes, I would think they would be helpful.

arcon5

turn_over_a_new_leaf wrote: »

I know it might seem like I'm clutching at straws, but will tiny envelopes with notes on to my mam from the 'customer' saying how much she is paying (and they also include notes and messages) help or be worth anything when trying to prove that the goods were bought by them and they were paying my mam back?

I don't think you'd have many problems at all persuading a judge the goods have to be paid for!

turn_over_a_new_leaf

whitewing wrote: »

Yes, I would think they would be helpful.

Thanks!

turn_over_a_new_leaf

arcon5 wrote: »

I don't think you'd have many problems at all persuading a judge the goods have to be paid for!

Thank you!

unholyangel

It is still worthwhile talking to the catalogue company.

What you want from them is a copy of your mums contract - including a copy of her own credit agreement and existence of a credit check on her......after all, they can't expect their "agents" to credit check for hundreds and not credit check the "agents" for thousands given. Was your mum ever given a credit account agreement with reference to a "limit"? Has she been provided (in a durable form) terms and conditions of the agreement which detail the "late payment" fee? How much is the fee in comparison?

If they don't have the proper paperwork in order, they'll struggle to make the debt stick to your mum, regardless what their "policy" is.

turn_over_a_new_leaf

unholyangel wrote: »

It is still worthwhile talking to the catalogue company.

What you want from them is a copy of your mums contract - including a copy of her own credit agreement and existence of a credit check on her......after all, they can't expect their "agents" to credit check for hundreds and not credit check the "agents" for thousands given. Was your mum ever given a credit account agreement with reference to a "limit"? Has she been provided (in a durable form) terms and conditions of the agreement which detail the "late payment" fee? How much is the fee in comparison?

If they don't have the proper paperwork in order, they'll struggle to make the debt stick to your mum, regardless what their "policy" is.

Thank you for replying, I will ask her and have a look into that tomorrow. I know she does have a limit but I am not sure if she has had a credit check herself. I don't think she is aware of any kind of credit agreement (she told me she has never signed anything), but I will need to have a proper check

Thanks again!

I_know_my_ABC_and_my_CMYK

It may be an idea to send a subject access request notification to them so you have a copy of ALL the information they have on your mam.

It will cost £10 fee to do. If you have a look around the debt free board you'll find the letter template on there. Sorry its late and I can't see straight to find it but maybe some kind poster will post it for you

Also the law regarding catalogue payments changed in 2007. This means you have a credit agreement with them regardless of whether or not you signed one, so the debt is enforceable in a court. It used to be prior to this you could take the goods and not pay as the debt was not enforceable if you hadn't signed and returned the agreement they send out to you.

Your mam's 'client' may be thinking along these lines not knowing the law changed and that it falls on your mam's credit rating not hers.

Either way you do need advice on this and one place to start is

www.nationaldebtline.co.uk they will be able to advise you as to which way to proceed with this. They may also be able to get any interest stopped if your mam has to go on a payment plan with them.

I am assuming that the £1000 of goods was taken out over 52 weeks, which means the payments without interest added on top are just under £20 per week. This so called friend is either very greedy without checking a budget or a very devious person who doesn't care what the outcome on another person.

I do hope you get this sorted out and the 'Friend' is forced to pay up one way or another, be it the catalogue company or the courts.