No CCA and admin charges

Need_To_Sort_It

Hello, one of my mail order catalogues have today confirmed they are 'unable to locate a copy of my executed agreement' but they enclose a copy of the 'current agreement which applies to this type of account. This current version includes contractual variations which have taken place'.

The photocopy mentions 'default charges' etc, no amounts but circumstances under which they will charge, eg late payment, missing payment, underpayment etc

They want to know if I am disputing the debt.

I am not disputing it, I owe it but I do object to the £12 admin fees they keep putting on cos I am not paying the correct amount.

Can they do this?

All advice gratefully received :beer:

mummytofour

bump!!!!!!!!!!!!!!

Need_To_Sort_It

Thanks hun, this board is so busy everything goes off the first pages so quickly :-)

moonlightpjs

If the catalogue company cannot provide you with a true CCA that you have signed it is therefore unenforcable by law and you shouldn't really be making any payments to them at all, if, though, you do wish to pay it I would send a SAR request to them, this will require them to provide all statements of account etc along with the number of charges and you should be able to claim the charges back.

Need_To_Sort_It

Hi weller, no they cant provide one. I will write to them telling them to take them all off before I agree to pay them anything.

Sorry what does SAR stand for please?

RAS

Subject Access REquest under the Data Protection Act.

A precursor to reclaiming your bank, catalogue charges etc.

However, if they do not have a CCA, why continuing paying them at all?

bathgatebuyer

Contact your local Trading Standards and advise them that the company have failed to comply with the law in this regard. My local Trading Standards have been asked to do similar with the Royal Bank and are meeting with them next week in that respect.

Another good source of info on this is on the CAG website with one of the contributors stories featuring in a full page feature in Guardian Money last Saturday, and a follow up tomorrow. That was directly related to CCA requests.

Need_To_Sort_It

Thanks RAS, I have 2 catalogues that dont have agreements but at the end of the day I did have the goods and I feel somewhat duty bound to pay them and also because I am not up to dealing with all the letters, calls etc etc

RAS

Ok

So work out what you really owe them - how much did the goods cost?

Then work out what you have paid them already.

What is the difference?

Need_To_Sort_It

Thanks.

I would have to go through all my statements to work that out, off the top of my head I have had at least 4 late payment charges of late.

Do I have to pay for the SAR? I am assuming that it will contain all those details, it will take me ages to go through the statements, but I will if necessary

davek1

organisations are entitled to charge up to a maximum of £10. Note entitled to does not mean all will although you can bet your bottom dollar any organisation that is into the financial field will make the charge!!!