catalogue debt - don't know where to turn

angel85

Here we go again, another waste of paper I have received in my response to them not supplying me with what I requested.
They say that they have provided me a copy of my current agreement which states all contractual information including variations and ammendments.
They say that by purchasing I acknowledge a relationship.
Then go on to say the latest law with regards to enforcement of an agreement does not mean the rights of parties were never acquired.
They end with the amount outstanding and ask me to contact them if I am experiencing financially difficulty and they may be able to discuss a payment plan.

My partner said they are just trying to send me in circles so I will call them rather than write but I won't do that.
They're letter is disregarding every letter I have sent to them for the last year. They know I am in financial difficulty and had previously offered a payment plan in 2014 but it was only £10 less per month than my minimum payment. They have my SOA so they were aware I would not be able to accept it.
Again, I am not trying to hide from this but trying to make them understand I cannot afford the payments they are requesting.
I wrote requesting my signed agreement as I felt there was no other way to go as they were ignoring everything else I asked of them.
Where do I go from here because they still have not supplied me with what I have asked for, a copy of my signed credit agreement. They have supplied me with a credit agreement but a blank generic one.
Thanks.

rizla_king

All bullshiit again. They know they are well and truly screwed but just cant bring themselves to admit it.

Report them to the FCA for lying to you about what they have to supply and failing to admit that they are not complying as they never had an original.

In the end shop direct are unlikely to admit they are wrong, but you need to keep making it clear your not accepting their lies.

The good thing is they know they cant take it to court.

rizla_king

Then complain about their then charges and interest and that they are not showing any forbearance by reducing or suspending those and that you will be taking them to the fOS over those if they do not stop and refund them.

rizla_king

Also go here to ask if there is anything else you can do on the CCA side http://www.legalbeagles.info/forums/

sourcrates

Ok, so they are trying to run rings around you, all designed to make you give up and call them to arrange a payment plan that you cannot afford.

This is what you should do.

Call there bluff.

Write back to shop Direct, state in no uncertain terms that they have not complied with your CCA request, the copy agreement they have sent does not comply with sec 78 of the consumer credit act 1974, as it is a generic copy of no relevance to yourself.

Until they do respond with the correct documents you will not be making any payment towards your account, and if they are not happy with this, then invite them to start legal action.

They would have to produce evidence of the account in order to get a CCJ awarded against you in court, no evidence, no CCJ, a judge would take a very dim view of there behavior in this matter.

Then just get on with your life, and let the dice roll, whatever action they take against you in the future, you will have an excellent defense because of non compliance of the CCA request.

rizla_king

Usual result is withhold payment and they then sell it on to a debt collector who does stop interest and charges and accepts reasonable payments as they are not as pig thick as SD

angel85

I feel like I'm out of my depth with all of this. I never anticipated that they would be so difficult to deal with.
Pen to paper again and see what happens next.......

sourcrates

angel85 wrote: »

I feel like I'm out of my depth with all of this. I never anticipated that they would be so difficult to deal with.
Pen to paper again and see what happens next.......

Treat it as a game, they know there stuffed, dont let it stress you out !!

andyfromotley

Have you reported them to the FCA? You must!!

angel85

Why would they continue to ignore my requests and fail to comply with consumer credit act if it's against the law for them to do so?
It makes me wonder if they can really enforce it. Or is this what they're hoping for, me doubting my rights?