very/ndr

kazakastan

hi, . think it was about 2004

fermi

So, 2004 and they admit in the SAR that there is no agreement?

If you have not done so already I would consider sending a CCA request.

See the first letter in this link: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=39_getting_information_about_your_credit_agreement

If you can force their hand to show that they cannot enforce the debt via the courts, then you may be able to push or a settlement at a much reduced level, or encourage them to sell the debt on which would likely result in interest and charges stopping.

kazakastan

i did the cca thing and they said they didn,t have one, then sent a new one and said this replaces the old one,

happy_bunny_2

They are wrong, it does not replace the old one. The way they word the letter is misleading and tries to make you pay anyhow.

The debt is unenforceable, so when they accept you know what you are asking about they should accept whatever they can get. Well, most DCAs will, NDR are useless hence I let them sell it to Crapquest

kazakastan

hi, yeah thats what i,m gona do, i,m sick of worrying about it x

fatbelly

You don't need to do a cca request. If the SAR revealed there is no signed agreement (and that doesn't surprise me as the ShopDirect group were very sloppy about them in 2004) and it pre-dates 2007, then it's unenforceable under s127(3) of the CCA.

If they took court action you have that as a defence.

It's game over for very.

I can post the full legal argument if you want.

kazakastan

hia, thanks for your reply, yes please

fatbelly

This would be a defence to a claim in your case:

Even though the claim relates to goods sold and delivered to me, because they were sold on credit, the agreement is regulated under s8 of the Consumer Credit Act 1974 (CCA 1974) and does not fall within any of the exemptions in s16 CCA1974 or under the Consumer Credit (Exempt Agreements) Order 1989.

Under s61(1)(a) CCA1974 a regulated agreement is not properly executed unless a document in the prescribed form itself containing all the prescribed terms and conforming to the regulations under s60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner.

Under s65(1) CCA1974 an improperly executed regulated agreement is enforceable against the debtor on an order of the court only.

Under s127(3) CCA1974 the court shall not make an enforcement order under s65(1) if s61(1)(a)(signing of agreements) was not complied with, unless a document (whether or not in the prescribed form and complying with the regulations under s60(1) itself containing all the prescribed terms of the agreement) was signed by the debtor or hirer (whether or not in the prescribed manner).

I have no written agreement or document of any kind. The claimant has failed to comply with the requirements of s61 CCA1974. The regulated agreement is improperly executed under s127(3) CCA1974 and cannot be enforced by the court.

sacbaby37

Hi I have also had trouble with this company. I was with K and Co, I asked them for a SARs about 3 weeks ago, they wrote back saying that they are getting all the information together and will contact me shortly. Now I have recieved a letter saying my debt has been passed to another company. Does that mean I wont be sent the information I have requested? Anyone help?

kazakastan

hi, i think by law they have to provide you with the information you have requested, someone else on here will be able to tell you better than me,