catalogue debt - don't know where to turn

sourcrates

On_my_way wrote: »

Hi

You have got to do 2 things to sort this out really:

1) seriously cut down your spending
2) Increase your income


Have you thought about getting rid of excess stuff to cash 4 clothes and similar organisations? They often take clothes, old bras, shoes, belts, bags etc and while the unit price isn't much -often 40p per kg, most peoplf have so much laying around that they never use that it's an easy £50 or more for them which they can then use to stock up the cupboards to make an extra debt payment etc.

I have done this and have advised a few people on here to do the same.

Hi,
Have you read the complete thread ?
The OP has had no response from a CCA request, most likely because they don't hold one, this very important issue requires resouloution first, as the debt is, most likely, unenforceable.

angel85

On_my_way wrote: »

Hi

You have got to do 2 things to sort this out really:

1) seriously cut down your spending
2) Increase your income


Have you thought about getting rid of excess stuff to cash 4 clothes and similar organisations? They often take clothes, old bras, shoes, belts, bags etc and while the unit price isn't much -often 40p per kg, most peoplf have so much laying around that they never use that it's an easy £50 or more for them which they can then use to stock up the cupboards to make an extra debt payment etc.

I have done this and have advised a few people on here to do the same.

Hi,
My issue is not with my current spending habits, but my past.
I work full time, 40 hrs per week not taking into account my travelling time. In between this I take care of my young daughter.
I have previously taken clothes bedding and books to a cash4clothes establishment but none of this would touch my debt with the catalogue company.
I could sell my tv, vacuum cleaner, daughters cot, washing machine, to gain funds but then what position would that leave me in at home because it still would not clear the debt that continues to rise due to charges interest and fees.
I appreciate your advice but I am doing all I possibly can to rectify this. The catalogue company and been less than helpful or sympathetic so have left me no choice than to go down this route.

angel85

Hello all,
I'm here again with the latest response from the catalogue company.
They say I advised them my debt was unenforceable but unenforceability does not mean that the rights of a party under a credit agreement were never aquired and that this has been adopted by the courts so they are still able to request payment.

As in a previous letter they have stated again that by purchasing goods I acknowledge a relationship.

They then end with the debt remains unsatisfied so we will continue to request payment and notify credit reference agencies about this.

Any advice on my next step please?

Thanks

rizla_king

They are starting to admit the truth then. Acknowledging a relationship means nothing if the credit agreement is unenforceable against you. It overides everything else.

They can 'ask' you to pay.

You can tell them to get stuffed if you so please.

sourcrates

Thats good news Angel85, they seem to be admitting there is no agreement. as Riz says, they can keep asking you to pay, but cant force the issue anymore.

You will not find a clean ending to this matter though, as they will probably continue to hassle you for money, and it also makes the likelihood of them selling the debt on a reality too.

So basically if you receive any letters from anyone else in regard to this debt, you will have to have a template letter already sorted basically saying that shop direct group have failed to provide an adequate response to your CCA request, and as such the account is unenforceable in court.

You may have to do this a few times until such time as they either get tired, or it becomes statute barred.

angel85

I never wanted this to happen. My intention was never to not pay but they won't comprise. They won't provide a full and final settlement nor will they offer reduced affordable payments hence the reason I joined the forum for advice.
I am well aware that this is destroying my credit file so much so that I will not be able to get a mortgage!
What should I do now, do I reply to this letter?

rizla_king

Either ignore them or.

To Littlewoods,

Thank you for your letter.

I find it disappointing that you continue to repeat your misleading conduct and statements regarding your obligations under section 78 Consumer Credit Act 1974 and the consequences of your non compliance, and your continued breach of FCA rules.

This has resulted in myself having to again report your conduct to the FCA.

I remind you that you are in breach of s78 and FCA rules as follows.

CONC 13.1.4 - The terms and conditions should be those applicable at the time the agreement was executed. The name and address at the time of execution must be included.

CONC 13.1.4 - If the agreement has been varied, the duty is to provide not only a copy of the agreement as originally executed but also either:
(a) a copy of the latest variation given in accordance with section 82(1) of the CCA relating to each discrete term of the agreement which has been varied; or,
(b) a clear statement of the terms of the agreement as varied.

If the reason why no original copy is given in response to a request under these sections is that there never was an executed agreement, the firm should acknowledge this in its response.

Clearly you are on breach of these requirements and those of Carey v HSBC

CONC 13.1.6 - Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.

You state in your letter that a relationship exists and this approach has been adopted by the courts, implying that this means a court could enforce such an agreement on those grounds.

This is a false implication, as the courts do not have discretion in this matter.

CONC 13.1.6 - In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.

You have breached this rule by attempting exactly that.

CONC 13.1.6 - In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.

You have falsely implied that this would be enforceable in court in breach of that rule.

CONC 13.1.6 - However, where a firm is aware that an agreement is unenforceable because of non-compliance with an information request under section 77, 78 or 79 of the CCA, a firm should make it clear when communicating to a customer about a debt that the debt is in fact unenforceable. Failure to do so, in that case, would in the FCA's view unfairly mislead the customer by omission. Any communication that implies expressly or otherwise that a debt is enforceable when it is known that it is not, would be misleading. One way to avoid this would be for the firm to explain to the customer the full meaning of 'unenforceable'.

Again, you have failed by false implication and omission to abide by that rule.

You are in breach of s78 CCA1974 and in breach of FCA rules in trying to pass off a blank copy of your current agreements as compliance with s78 and by attempting to mislead by omission or otherwise that the agreement you have provided is enforceable.

I remind you again that this fact is not in doubt and any attempt to pretend that you have complied with s78 will be reported to the FCA.

Each and every communication you send trying to mislead myself that you have complied with s78 will result in a new report to the FCA.

I would also remind once again that trying to pretend that there was ever an executed agreement when this was not the case would not only be a misleading practice, but in may in fact be fraudulent on your part.

sourcrates

angel85 wrote: »

I never wanted this to happen. My intention was never to not pay but they won't comprise. They won't provide a full and final settlement nor will they offer reduced affordable payments hence the reason I joined the forum for advice.
I am well aware that this is destroying my credit file so much so that I will not be able to get a mortgage!
What should I do now, do I reply to this letter?

No, theres no need, there not going to elaborate any further on this, and all they want from you is money, playing letter tennis with them is pointless.

I am well aware of your situation from your previous posts, and i certainly am not going to judge you, thats why this forum exists, to help people with there debt problems.

They know they cant force you to pay, so just ignore it for now, but keep a close eye on the postbox for any further letters, thats it really, forget about it now, and carry on with your life.

angel85

Hi there,
Since my last post back in march i have not had any contact either by telephone or post from the catalogue company or any one connected to this matter.
I have continued since this first began back in February 2014 to pay a minimal payment of £10 per month as i agreed I would in most correspondence although this was never accepted, i have kept up my end of the bargain.
However, I have tried to log into my account to make my usual payment for this month and it keeps telling me my details are incorrect and I know they are not. I have even tried accessing with my account number, again to be told the information is incorrect,
Could they have blocked my account or compromised it in some way so as to ensure I am not able to make my payment?

Thanks

sourcrates

angel85 wrote: »

Hi there,
Since my last post back in march i have not had any contact either by telephone or post from the catalogue company or any one connected to this matter.
I have continued since this first began back in February 2014 to pay a minimal payment of £10 per month as i agreed I would in most correspondence although this was never accepted, i have kept up my end of the bargain.
However, I have tried to log into my account to make my usual payment for this month and it keeps telling me my details are incorrect and I know they are not. I have even tried accessing with my account number, again to be told the information is incorrect,
Could they have blocked my account or compromised it in some way so as to ensure I am not able to make my payment?

Thanks

Hi again,

Sounds like they may of closed your account, and sold on the debt to a DCA, keep an eye out for the postman in the next few days.

If that's the case, post back if you want any further advice.