help with store card

jansueir

Hi, does anyone know if you request a copy of your store card agreement whether it comes under the same ruling as requesting a copy of your credit card agreement

FireWyrm

Should imagine so, since store cards are effectively credit cards.

savingmummy

Yes I`m sure you can, I have done it before with a clothing store anyway.

jansueir

Thanks for your help. I sent a request off on 25th March and have not heard from the company at all. Can I therefore take it that I am not going to receive it. I have nothing but trouble with this particular store

happy_bunny_2

Hi

Yes, it's the same as for a credit card.

Which store?

When was the card taken out?

Useful to know why you want it.

HB

jansueir

I've had the store card for many years and the debt was passed to a debt collector. When the dc wrote saying they were dealing with the debt they said they were adding on £25 admin as per the agreement. As I was already in a payment plan with the store, I wrote back asking for the admin fee to be removed and generally requested a copy of the agreement. The dc wrote back saying they had removed the admin fee but I didn't receive a copy of the agreement. So it made me wonder whether they still have the agreement and I formally requested one, paying the £1.00 fee.


The reason I requested a copy was, as far as I am aware, if they do not supply you with a copy, they cannot enforce repayment until they supply a copy. You are still responsible for the debt and must still pay it back. I thought that maybe if they don't supply a copy of the agreement then I might be able to offer a lower full and final settlement. This is my understanding of the situation - hope I've understood it correctly.

happy_bunny_2

jansueir wrote: »

I've had the store card for many years and the debt was passed to a debt collector. When the dc wrote saying they were dealing with the debt they said they were adding on £25 admin as per the agreement. As I was already in a payment plan with the store, I wrote back asking for the admin fee to be removed and generally requested a copy of the agreement. The dc wrote back saying they had removed the admin fee but I didn't receive a copy of the agreement. So it made me wonder whether they still have the agreement and I formally requested one, paying the £1.00 fee.


The reason I requested a copy was, as far as I am aware, if they do not supply you with a copy, they cannot enforce repayment until they supply a copy. You are still responsible for the debt and must still pay it back. I thought that maybe if they don't supply a copy of the agreement then I might be able to offer a lower full and final settlement. This is my understanding of the situation - hope I've understood it correctly.

Yes, you understand correctly.

Presumably the account defaulted some time ago on your credit file? Is it still on there?

I would make sure you communicate to them that you know the debt is unenforceable and you can offer them what you like as a full and final settlement. Get it in writing obviously

jansueir

thanks Hunny Bunny. It will be great to get one up on this store as they have done nothing but be awkward over the last two years! I have always done everything in writing. It will be interesting to see what happens!!

happy_bunny_2

Has it defaulted?

jansueir

Hi, yes it has

sourcrates

Like a lot of companies I know, they probably cant deal with two issues at once , in your letter you requested removal of a default charge, which was done, it seems they have ignored the remainder of your letter, myself I would write again, stating they have not acted on your CCA request, that they are responsible for dealing with the matter regardless of whether they are the original creditor or not, that the account is now in formal dispute until such time as your request is acted upon, and you will be making no further payments on the account. If its an old account (pre 2007) they most likely wont have the agreement anyway, see what response you get.