Very - Home shopping

emmaphill

Looking for some advise! We’ve had a dispute with Very over interest charges applied on a buy now pay later order which they extended payment date of in 2021. 

As part of the dispute we submitted a data subject request and found out that the account was not in my husband’s legal name. The account is in the first name he uses daily but this is different from his legal name on passport etc. He uses the legal name for all finance like bank accounts and is the name on the electoral role. Where do we stand with this should they escalate the matter can they enforce the agreement? The account is currently showing as in arrears on his credit file btw 

sourcrates

But I assume they are one and the same individual though, and the presumption would be that was the name he gave them, and it`s being reported to his credit file.

Looking for loopholes especially one this tenuis, may not be the best use of your time here.

Very doesn't enforce anything, they just pass bad debts to there in-house collection team, who will try to obtain payment from you by constant harassment, if that fails after numerous attempts, they will look to sell the debt to the likes of Lowell or Cabot or another debt purchasing company, who will then rinse and re-peat the process with you.

They won`t be too fussed if the name is Phil or Phillip, they will just want to recoup their money.

At that point you would ask them to produce the CCA for that account, they may or may not be able to comply with that, if they did, then you could mount a defence to any claim they may wish to make, using the comments in your original post, you could then test your theory in court.

Or you could bypass all of that and deal with the real issue, lodge a complaint with regard to the interest added to the account take it as far as the FOS if need be, I would say that was a much simpler idea.

emmaphill

Ok that makes sense!

Yes the complaint is going into the FOS this week and have written to them stating we hold debt in dispute re: interest charges applied 

Brie

Other than the name dispute do you think the charges are legitimate?  it's unclear from your initial post.

fatbelly

emmaphill said:

Looking for some advise! We’ve had a dispute with Very over interest charges applied on a buy now pay later order which they extended payment date of in 2021. 

As part of the dispute we submitted a data subject request and found out that the account was not in my husband’s legal name. The account is in the first name he uses daily but this is different from his legal name on passport etc. He uses the legal name for all finance like bank accounts and is the name on the electoral role. Where do we stand with this should they escalate the matter can they enforce the agreement? The account is currently showing as in arrears on his credit file btw 

It'll be in the name he gave them when he opened the account. Very is part of ShopDirect. They do occasionally start a court claim but more usually will sell the account at a discount to a third party.

You may wish to negotiate a settlement when that happens unless your SAR revealed anything that would constitute a defence to a claim. In that case, you want them to start court action.