CCA requests and Mail Order/Catalogue companies?

fedup2007

Are mail order companies bound by the legislation affecting credit agreement requests?

I have sent a CCA request to a debt enforcement agency trying to get to the bottom of a very very old debt and they are saying as its a mail order company - they don't have credit agreements - you are bound by the fact that after accepting the said goods you have agreed to the 'contract'. I know the ins and outs of contract law - offer and acceptance - but I think this is a different thing - to do with cca and that legislation..

Thanks in advance for the advice.

fermi

How old is "very very" old?

There is some info on catalogue debts and CCA requests from National Debtline here:

Link: Factsheet | Catalogue debts

Read the whole factsheet, but in particular:

If you are not provided with the requested information, you could stop making payments.

It is possible for the catalogue company to provide an unsigned 'true copy' agreement at this stage, rather than a signed copy. This does not, however, mean that you did sign an agreement.
If the company takes county court action against you they may not include a signed copy of the agreement with the claim form. However, if you decide to defend the claim (see below), the catalogue company must provide a copy of the original agreement, signed by all parties, for them to obtain a county court judgment.

WHAT SHOULD I DO IF I DO NOT RECEIVE THE COPY AGREEMENT I HAVE REQUESTED?

If you are not sent a copy of the agreement then you may decide to stop making payments. The catalogue company may try and argue that they do not have to supply the agreement, for example because:

• their old records have been destroyed;
• there is a moral responsibility for you to pay the amount owed; or
• you have signed for goods that have been delivered to you so there is no need for a further signed agreement.

In every case you have the legal right to request the information and may also be able to withhold payments until it is received.