Shop Direct - Very - Court Action

los72

I hope some of you kind people can offer a bit of advice...:o

Bit of background. I'm currently on a self managed DMP. Was a bit of a struggle getting the creditors to take notice at first, but all is going well with the majority of my creditors.

Shop Direct (Kays & Very) are the only ones that wouldn't take any notice, and still pretty much demanded the required payment each month.

I stuck to my guns, and stuck to what I could afford each month, and paid them each month.

Eventually got passed onto NDR Money, who, in the end, passed off the cheapest debt onto Capquest, who, I have to say, have been great. NDR Money kept the other debt, which, now thanks to interest is upto nearly £4k..

This morning, I received a letter, a Default Notice, saying, that if I don't pay the full amount by April 22nd then further action will be taken against me, possible court action....:(

I just need some advice, do I ignore it, do I write to NDR Money saying that I'm still on a DMP, or is it just threatning action before it gets passed to a DCA?

I cant remember them sending such a letter for the Kays debt, it just got passed onto Capquest.

RAS

This is the standard letter that has to be sent by law before they are allowed to regsiter a default against your credit record. The wording is prescribed by law.

antonic

+1 to RAS post.

I got 3 of these when I defaulted on my credit cards.

I was on an a DMP with Payplan when I was defaulted and none of my creditors took any further action, as they were being paid.

happy_bunny_2

los72 wrote: »

I hope some of you kind people can offer a bit of advice...:o

Bit of background. I'm currently on a self managed DMP. Was a bit of a struggle getting the creditors to take notice at first, but all is going well with the majority of my creditors.

Shop Direct (Kays & Very) are the only ones that wouldn't take any notice, and still pretty much demanded the required payment each month.

I stuck to my guns, and stuck to what I could afford each month, and paid them each month.

Eventually got passed onto NDR Money, who, in the end, passed off the cheapest debt onto Capquest, who, I have to say, have been great. NDR Money kept the other debt, which, now thanks to interest is upto nearly £4k..

This morning, I received a letter, a Default Notice, saying, that if I don't pay the full amount by April 22nd then further action will be taken against me, possible court action....:(

I just need some advice, do I ignore it, do I write to NDR Money saying that I'm still on a DMP, or is it just threatning action before it gets passed to a DCA?

I cant remember them sending such a letter for the Kays debt, it just got passed onto Capquest.

When was the account opened?

los72

happy_bunny wrote: »

When was the account opened?

I've had the account with them for at least 10 years or so. It's only in the past 2 years that I've had problems with them

happy_bunny_2

Send them a CCA request. If you did sign an agreement, most catalogue agreements pre April 2007 are unenforceable in court.

Bettingmad

happy_bunny wrote: »

Send them a CCA request. If you did sign an agreement, most catalogue agreements pre April 2007 are unenforceable in court.

As above send off a CCA request enclosing the statutory £1 postal order by recorded delivery. They have 12+2 working days to respond.

Dear Sir or Madam

Re:− Account/Reference Number xxxxxxxxx

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit, which is 12 working days. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

Yours faithfully

PRINT OR SIGN YOUR NAME DIGITALLY

harveybobbles

All DCA's letters are full of empty threats.

los72

'Bettingmad', that's great, thank you...:)

harveybobbles wrote: »

All DCA's letters are full of empty threats.

It was the wording to the effect, "you've got until 22nd April to pay the full amount, blah blah, then goes onto to suggest I contact a solicitor etc, and then mentions about court action etc...

happy_bunny_2

That's what they do, lots of may/might/be considered for etc.

They can't say they will take you to court unless they are going to, as the OFT guidelines won't allow that.

harveybobbles

CCA's are a bit of a waste of time for a catalogye debt really as I assume you have had the goods you ordered?