H&m - an credit agreement i never agreed to!! Help please!!

PLEASE-REMOVE-MY-DEFAULT

PLEASE HELP!
I placed an order with H&M in 2011 November which I paid by card, half of the goods got delivered in December and the amount was taken out from account but the rest got delivered in January - I then placed another order in January - - but nearly a year later i got chased by Gothia claiming I owed them money - I thought it was a scam and ignored it - but eventually I called them to check what it was about - that's when I found out that they were chasing money I owed H&M - apparently I had a credit account with them and owed them money etc - Gothia said unless I paid my account will be defaulted etc - so I paid. BUT now i checked experian and my account was already defaulted in June 2012 -

SoI wrote to H&M requesting the credit agreement etc and enclosing £1 etc - and they sent me 6 months statement and default notice and credit agreement February 2012 - BUT how can they have an agreement when I never applied for one?????

I checked my email and found order confirmation dating in November which states method of payment is card - but according to their statement its states the half of the goods that got delivered in January was charged on my credit agreement instead-can they do that???

I asked them to send me signed copy of the agreement - but they not responding anymore - and now i don't know what to do - citizen advise people say as i paid the debt already its too late because in a way its agreeing to the debt -

what can i do now - as now i got a default - for an amount of £140 - which i would have paid if i had known about -

PLEASE HELP

happy_bunny_2

It might be a bit like next, where when you order something, they open a credit account.

Your best bet to find out whats going on is to send H&M a subject access request.

Within 40 days, they shoud send everything they have on you.

Once a debt is paid, they do not have to respond to a CCA request, but they do have to respond to a SAR.

Who reported the account as defaulted? H&M?

PLEASE-REMOVE-MY-DEFAULT

I've read a thread on next - but looked at H&M terms and there's no mention of it opening an credit account - you need to apply for this credit payment - and I think H&M defaulted my account but Gothia name is on as it was sold to them - if i request for a SAR and the agreement is not signed is the agreement valid??

happy_bunny_2

Agreements can be signed by a check box online, so not exactly.

You could tackle this on 2 fronts.

SAR to H&M.

Written complaint to Gothia that you never took out a credit account and only paid the amount as they threatened to put a default on your account, which was misleading as it was already there. If they ignore or fob you off, you can refer to FOS after 8 weeks, or as soon as they give you a final response.

Not much point in SAR to Gothia, as H&M probably still hold all the info as the original creditor.

This could take a while to get sorted, if successful.

PLEASE-REMOVE-MY-DEFAULT

Sorry - but what exactly is an SAR - also in the credit agreement they sent me it states unless this is signed the agreement valid- and is dated two months after i made my first order -

happy_bunny_2

Subject access Request:
http://ico.org.uk/for_the_public/personal_information

Your last post doesn't make sense.
"also in the credit agreement they sent me it states unless this is signed the agreement valid"

GingerBob_3

Yet another example of the unscrupulous practice of creating unwanted credit accounts, as per Next, Very and no doubt others. It really is high time the financial regulators took an interest in this type of thing - but I'm not holding my breath on that one.

And of course we have the culpable CRAs who continue to accept data from these maverick organisations, no questions asked.

PLEASE-REMOVE-MY-DEFAULT

**Sorry** what I meant was - They sent me a copy of the credit agreement which states unless this is signed the agreement is not valid - and the agreement was dated two months after my first purchased good -

happy_bunny_2

Ok, well they can re-constitute an agreement to satisfy a CCA request, taht does not need to be signed.

In theory, that should come with the SAR, but they often do not.

I would also state in your complaint that you want to see the alleged signed agreement as you never signed one and it may be fraud.

stclair

PLEASE-REMOVE-MY-DEFAULT wrote: »

PLEASE HELP!
I placed an order with H&M in 2011 November which I paid by card, half of the goods got delivered in December and the amount was taken out from account but the rest got delivered in January - I then placed another order in January - - but nearly a year later i got chased by Gothia claiming I owed them money - I thought it was a scam and ignored it - but eventually I called them to check what it was about - that's when I found out that they were chasing money I owed H&M - apparently I had a credit account with them and owed them money etc - Gothia said unless I paid my account will be defaulted etc - so I paid. BUT now i checked experian and my account was already defaulted in June 2012 -

SoI wrote to H&M requesting the credit agreement etc and enclosing £1 etc - and they sent me 6 months statement and default notice and credit agreement February 2012 - BUT how can they have an agreement when I never applied for one?????

I checked my email and found order confirmation dating in November which states method of payment is card - but according to their statement its states the half of the goods that got delivered in January was charged on my credit agreement instead-can they do that???

I asked them to send me signed copy of the agreement - but they not responding anymore - and now i don't know what to do - citizen advise people say as i paid the debt already its too late because in a way its agreeing to the debt -

what can i do now - as now i got a default - for an amount of £140 - which i would have paid if i had known about -

PLEASE HELP

The terms and conditions say:

7.1. You can enter your payment details at the time you place your order using a vaild credit or debit card (VISA, MASTERCARD). Payment will not be taken from your card until the goods are dispatched.

So I'll assume at the point the later part of the order was dispatched you may have not had enough available so they have charged the items to a credit account.

I would have thought they would have also sent you statements / reminders on a monthly basis to advise you of any outstanding balance prior to debt being sent external.

stclair

Terms and conditions can be viewed here:

http://m.hm.com/gb/customer-service/legal-and-privacy/terms-and-conditions