Default - No credit agreement

spook104

Hello

I'm after a little help

A little history, a family member wanted to use me as an Avon agent which I let her do. I didn't fill out any forms and signed nothing so AFAIK I don't have a credit agreement with Avon. The account was closed on 21/09/17 I have an email from them saying so. They also said there was an outstanding amount on the account of £20. AFAIK this was cleared, just trying to track down the payment.

So I done my regular free check with Experian today only to find out that I've defaulted. I've used the free trial to find out that Avon have registered a default over £30.

They (AVON) registered the following on my account
Jan 17 - Sept 17 - £0 outstanding balance
Oct 17 - £30
Nov 17 - £30
Dec 17 - £0
Jan 18 - £30
Feb 18 - £0 Defaulted

I've spoken to them this morning and they are saying they have add £5 on 25th Sept as late payment of the £20 (The £20 was apprantly from late payments anyway) and then another £5 at the end of Oct 17.

So I'm seeing they have big problem here
1) Incorrect reporting of outstanding balances to my credit file
2) Not informing me of adding fees they said they sent sms message I didn't get these, I don't think they have my mobile number and previously in Early 2017 they wrote/emailed me about the account
3) They don't have a signed credit agreement from me.

Am I right, do I have good grounds to get this removed from my credit file? If so where do I start.

Regads

[Deleted User]

1) Incorrect reporting of outstanding balances to my credit file - Not true - if you've not paid and they've added fees then it's correct

2) Not informing me of adding fees they said they sent sms message I didn't get these, I don't think they have my mobile number and previously in Early 2017 they wrote/emailed me about the account - Ask them for proof they've sent letters etc.

3) They don't have a signed credit agreement from me - They don't need a Credit Agreement - it's part of the terms of being a rep: http://rep.avon.uk.com/PRSuite/static/html/bar_agree.html

[Deleted User]

You need to find out what your family member has signed you up to.

Checking all three credit files would be a good start in case you have other new and exciting accounts on there that you don't know about.

spook104

!!! wrote: »

1) Incorrect reporting of outstanding balances to my credit file - Not true - if you've not paid and they've added fees then it's correct

2) Not informing me of adding fees they said they sent sms message I didn't get these, I don't think they have my mobile number and previously in Early 2017 they wrote/emailed me about the account - Ask them for proof they've sent letters etc.

3) They don't have a signed credit agreement from me - They don't need a Credit Agreement - it's part of the terms of being a rep: http://rep.avon.uk.com/PRSuite/static/html/bar_agree.html

Thank you but as per my original post

1) It should have been £25 and then £30 according to them
2) They aren't claiming to have sent letters, they sent an SMS
3) As per the top of that agreement. If I sign..... I've signed nothing not even a rep agreement

msallen

I think before anyone can give you any advice you'll have to expand on "a family member wanted to use me as an Avon agent which I let her do". You say you didn't sign anything, but did this family member?

spook104

msallen wrote: »

I think before anyone can give you any advice you'll have to expand on "a family member wanted to use me as an Avon agent which I let her do". You say you didn't sign anything, but did this family member?

So I've spoken with my family member

She signed nothing on my behalf, she filled out an online form as an agent saying this person (me) was interested in joining avon.

spadoosh

The only way i can see you getting the default removed is by saying the accounts was set up fraudulently (it was) the problem you face is that might have consequences to the relative.

Incredibly silly thing to do. You dont have much to stand on considering you the account was set up fraudulently. So you can complain about all the terms and conditions you didnt signe but im fairly confident they will have a signature (i think it can be a typed name on an online form, just tick the x) on your behalf.

Personally i would be calling the fraudulent account card. The family member can deal with the consequences just as they expected you to deal with them not paying.

You dont get charged £20 in late fees for filling out an enquiry form. Your relative has already dropped you in it with regards to you having a default which will effect your borrowing capability for the next 6 years, i dont think you can trust what they say.


ETA, theres a good chance youve blown the fraudulent route if youve been in contact with them. In which case your helping a family member out has effected you credit file for 6 years and will probably cost you more should you wish to borrow money.

spook104

spadoosh wrote: »

The only way i can see you getting the default removed is by saying the accounts was set up fraudulently (it was) the problem you face is that might have consequences to the relative.

Incredibly silly thing to do. You dont have much to stand on considering you the account was set up fraudulently. So you can complain about all the terms and conditions you didnt signe but im fairly confident they will have a signature (i think it can be a typed name on an online form, just tick the x) on your behalf.

Personally i would be calling the fraudulent account card. The family member can deal with the consequences just as they expected you to deal with them not paying.

You dont get charged £20 in late fees for filling out an enquiry form. Your relative has already dropped you in it with regards to you having a default which will effect your borrowing capability for the next 6 years, i dont think you can trust what they say.


ETA, theres a good chance youve blown the fraudulent route if youve been in contact with them. In which case your helping a family member out has effected you credit file for 6 years and will probably cost you more should you wish to borrow money.

As soon as I contacted them I told them I had not agreed to anything so maybe not blown it yet.

Do the consumer credit regulations not apply here?

It also turns out that she is pretty sure the fee was paid on the 29th Sept. She is going to find out if it was allocated against another agent (myself and two other family members were agents for her)

This might be a question for a different forum, but if they allocated the payment to another agent and therefore that account is in credit where would I stand?

Arleen

Fraud or not aside (you did consent so it's debatable route and, well, no need for that), there are ways for you to go forward. First, reach out to Avon and offer to pay in full now if the default will be dropped, explaining that they did not submit any of the required documents like notices. If they are reluctant still,
inform them that you will raise a complaint with financial ombudsman service, and if they still don't want to play ball - go ahead with that complaint. There is no way that this is up to any code.

Secondly, find the family member and take them behind the shed.

spadoosh

spook104 wrote: »

As soon as I contacted them I told them I had not agreed to anything so maybe not blown it yet.

Do the consumer credit regulations not apply here?

They can only really apply to the people that signed up to an agreement. You didnt. However the company think you did as you allowed someone to impersonate you.

There are a few different ways of gettinga default removed, i cant help but think the only one that will help you is by decalring fraudulent action.

You can go the route of hoping a techinicallity will get you off (id say its got to be about 99% of people who think they can get away with it on a technicality end up keeping the default for 6 years). Or you can go the guaranteed route of reporting the fraud.

Just think Avon have a legal team and will almost certainly have protocols in place to be compliant. Issuing a default is not done on a whim theyre usually pretty black and white, you wither agreed to the terms of contract in which case youre a normal custoemr or you didnt and defaulted on payment. If you defaulted on payment they will have protocols in place that issue automated paperwork telling you. They will be very aware of the procedures to follow. Some do get it wrong, mistakes happen but its just not that common to give me any confidence in thinking this will be a successful outcome for you.

Candyapple

Arleen wrote: »

Secondly, find the family member and take them behind the shed.

Arleen! :rotfl: