Shop Direct - Very - Court Action

fatbelly

happy_bunny wrote: »

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

If there is a signed agreement it would most likely be valid. But 10 years ago, many catalogue companies (esp JD Williams) were not bothered whether they got an agreement signed or not.

So it's definitely worth doing a cca request on this one as, being a pre-2007 account, it is unenforceable under s127 of the act without a properly executed agreement.

A few years back, JD Williams group were agreeing not to collect on loads of accounts if this argument was put to them. However, most of these issues have now worked though the system and this is the Shop Direct Group, who always put up a fight.

Still worth doing though.

fermi

Definitely worth requesting the CCA. Very etc were very lax back then and in many cases did not obtain a signed CCA when they should have done.

EDIT: Cross posting with fatbelly once again.

fermi

Useful blog entry on Littlewoods (same as Shop Direct/Kays/very):

http://paulatwatsonssolicitors.wordpress.com/2012/05/25/catalogues-of-errors/

fermi

Also see the National Debtline info on catalogue debts and the CCA.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=32_catalogue_debts#chapter6

los72

Thank you for the help peeps, its most appreciated.

I've had the goods, and fully intend to pay them off. I'm just worried about the letter they sent.

They never sent such a threatening letter for my Kay's account, probably because that was peanuts compared to my Very account, they just passed that onto Capquest. Wish they'd do the same for the Very account.

I'll get the CCA request letter sent off tomorrow, and see what happens.

los72

Thanks again for all the help peeps. NDR Money should now of received my letter requesting a copy of the CCA.

I logged onto NDR Money this morning to pay them the monthly £20 that I said I would when I set up my self managed DMP, and they've closed my account. Ho-Hum.

Looks like I'll have to send them a cheque for monthly £20.

mogsi80

Hey Los

Just wanted to say in the exact same position as you! I am on a self managed DMP, and the only people not to play ball was NDR money! Also like you with the charges and interest that they have kept chucking on my total is now nearly £5.5k! I sent them a letter recently saying that they are in breach of OFT regulations *I've no clue what regs they are but I put it in the letter anyway* and lo and behold, my interest and charges were finally stopped - hooorah!!! I am now just waiting for the day that they sell me off to a DCA who'll just take the £82 a month I give them without the hassle and stress that this numpties have caused!

Good luck with the letter, I think the response will be a good one

xx

fermi

los72 wrote: »

Thanks again for all the help peeps. NDR Money should now of received my letter requesting a copy of the CCA.

I logged onto NDR Money this morning to pay them the monthly £20 that I said I would when I set up my self managed DMP, and they've closed my account. Ho-Hum.

Looks like I'll have to send them a cheque for monthly £20.

Possible that they are selling it on if they have done that.

los72

fermi wrote: »

Possible that they are selling it on if they have done that.

That's what I was wondering. Time will no doubt tell....:o