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In 2011 I had some major incidents in my life and became disabled . I previously had a very good job, but did not work for 18 months and all my accounts including mortgage went into arrears.
I contacted Step Change and they advised I was not able to make any payments to non essential creditors as I had no disposable income.
I contacted all my creditors who agreed to freeze interest & charges. I regularly kept creditors updated with my situation and in 2013 started working from home on a part time self employed basis and then full time and started to pay all creditors small amounts, increasing payments to the bigger ones as the small debts were settled.
My issue at the moment is with Arrow Global / Shop Direct - Very Account.
Very was originally Index Extra from the high street store, it was then converted to a catalogue account, and then changed to Very. I have never signed any other agreement than the original store card agreement.
Very never responded to the letters I sent. The last statement I have as received from Very is dated 04/06/2011 for £2978.64 with Buy now pay late items totaling £449.50 to be added.
On 30/05/2012 I received a letter from Debt Managers Ltd dated 24/05/2012 chasing an outstanding amount to Arrow Global of £5595.89. I did not recognise the amount and had no idea who Arrow was so I wrote back advising that I did not acknowledge any debt to Arrow Global and requested a true signed copy of the original credit agreement and also deed of assignment as per section 77(1) and Section 78(1) of CCA 1974, and a detailed statement showing goods and services provided, payments, charges and adjustments applied to the account corresponding to the outstanding and explaining how the debt arose.
I did not receive any response from either Debt managers or Arrow Global.
On 21/12/2012 I then received a letter from Rossendales chasing payment and threatening to send a collection agent to my house. I responded the same, mentioning that I had received no response to my previous correspondence nor had the requested documents been received. I explained that I was disabled, and would communicate by letter and email only and would report them for harassment if any agent was sent to my home.
I received a letter from Rossendales advising they were in the process of contacting their clients and my file was on hold until a response had been received.
I received no further correspondence from anyone until 15/12/2015 when I received a court summons in the post. I sent an acknowledgement of service and also filed a defence stating I had previously requested documentation from Arrow which they had not provided and were therefore in breach of the CCA and the debt was unenforceable.
The case was listed for a hearing on 04/04/2016 and Arrow were directed to provide myself and the courts with an original copy of the signed agreement and a detailed statement.
On 29/03/2016 Arrow filed an application to extend the time for an additional 30 days to obtain the required documents form the original creditor Shop Direct. They also sent me a letter stating that the original debt referred to a Shop Direct mail order account taken out on 12/06/1998 under the affinity partner Very and stated pursuant to the account information provided by the originating creditor the last payment credited to the account was £75 on 30/06/2011.
I emailed the courts objecting to the application as I did not feel the request was reasonable. They have had over 4 years from my original request to produce these documents and still have not done so. I stated that in failing to provide the requested documents in a reasonable amount of time, there claim is defective as they are in breach of the Consumer Credit Act 1974 and I believe this to be an Irredeemably Unenforceable Agreement and wanted the earliest opportunity to show this.
I spoke to the court a couple of days later as I had not received any correspondence and was told by the court that the hearing was not going ahead as they had not paid their hearing fee by the due date, also the application had been returned to Arrow as the wrong fee had been sent. The court clerk confirmed I would receive notice of this in writing, but I have still not had anything.
In the meantime I have been receiving letters from Arrow stating they have identified that I am a vulnerable person and asking for permission to process sensitive information. I have not responded to this as my disabilities does not affect my ability to deal with my own affairs.
I have today also received the following:
Another request for consent to process sensitive information (MALG) Debt & Mental Health Evidence Form
Statement of Account - It shows brand name as Index Extra, account opened 12/06/1998, default date 25/01/2012, summary of transactions in the last 6 years and detailed summary of transactions during the last 3 years.
In the summary section the following appears
Debits = £18216.10 (Goods £18.216.10, Interest £4491.03, Charges £156.00)
Credits = 12,620.21 (Payments £12,486.81, discounts £133.40)
In this details section the following appears
Goods ordered in the last 3 years = A total of 9 transactions (all undated) for the sum of £360.96
Payments in last 3 years = A total of 20 transactions dating from 03/11/1999 to 04/01/2008 for the sum of £-1918.00
Adjustments in the last 3 years = A total of 16 transactions totaling £-115.00
Credit Agreement - This is a copy of a credit agreement section that states it is a credit agreement regulated by the Consumer Act 1974 with Shopping Mail Ltd trading as Index Flexible Account and the address
It has my details, written in my handwriting under my maiden name and my old address and also the Flexible store card number. It is signed and dated by me on 26/08/2000 and also by a store person and dated the same 26/08/2000.
So I am confused, as they have identified this a the Very account, which they say was originally taken out in June 1998, but have provided a signed credit agreement dated August 2000.
The summary of payments shows a payment made in Nov 1999, 1 year before the credit agreement.
There are no signed agreements changing the account from Index to Very and the credit agreement they have supplied does not appear to meet the required standards of the CCA.
In addition, I still have not received a breakdown of the amount outstanding.
I am not sure what to do now, as have spoken to the court and they said the case can still continue if the new hearing fee is paid.
I contacted Step Change and they advised I was not able to make any payments to non essential creditors as I had no disposable income.
I contacted all my creditors who agreed to freeze interest & charges. I regularly kept creditors updated with my situation and in 2013 started working from home on a part time self employed basis and then full time and started to pay all creditors small amounts, increasing payments to the bigger ones as the small debts were settled.
My issue at the moment is with Arrow Global / Shop Direct - Very Account.
Very was originally Index Extra from the high street store, it was then converted to a catalogue account, and then changed to Very. I have never signed any other agreement than the original store card agreement.
Very never responded to the letters I sent. The last statement I have as received from Very is dated 04/06/2011 for £2978.64 with Buy now pay late items totaling £449.50 to be added.
On 30/05/2012 I received a letter from Debt Managers Ltd dated 24/05/2012 chasing an outstanding amount to Arrow Global of £5595.89. I did not recognise the amount and had no idea who Arrow was so I wrote back advising that I did not acknowledge any debt to Arrow Global and requested a true signed copy of the original credit agreement and also deed of assignment as per section 77(1) and Section 78(1) of CCA 1974, and a detailed statement showing goods and services provided, payments, charges and adjustments applied to the account corresponding to the outstanding and explaining how the debt arose.
I did not receive any response from either Debt managers or Arrow Global.
On 21/12/2012 I then received a letter from Rossendales chasing payment and threatening to send a collection agent to my house. I responded the same, mentioning that I had received no response to my previous correspondence nor had the requested documents been received. I explained that I was disabled, and would communicate by letter and email only and would report them for harassment if any agent was sent to my home.
I received a letter from Rossendales advising they were in the process of contacting their clients and my file was on hold until a response had been received.
I received no further correspondence from anyone until 15/12/2015 when I received a court summons in the post. I sent an acknowledgement of service and also filed a defence stating I had previously requested documentation from Arrow which they had not provided and were therefore in breach of the CCA and the debt was unenforceable.
The case was listed for a hearing on 04/04/2016 and Arrow were directed to provide myself and the courts with an original copy of the signed agreement and a detailed statement.
On 29/03/2016 Arrow filed an application to extend the time for an additional 30 days to obtain the required documents form the original creditor Shop Direct. They also sent me a letter stating that the original debt referred to a Shop Direct mail order account taken out on 12/06/1998 under the affinity partner Very and stated pursuant to the account information provided by the originating creditor the last payment credited to the account was £75 on 30/06/2011.
I emailed the courts objecting to the application as I did not feel the request was reasonable. They have had over 4 years from my original request to produce these documents and still have not done so. I stated that in failing to provide the requested documents in a reasonable amount of time, there claim is defective as they are in breach of the Consumer Credit Act 1974 and I believe this to be an Irredeemably Unenforceable Agreement and wanted the earliest opportunity to show this.
I spoke to the court a couple of days later as I had not received any correspondence and was told by the court that the hearing was not going ahead as they had not paid their hearing fee by the due date, also the application had been returned to Arrow as the wrong fee had been sent. The court clerk confirmed I would receive notice of this in writing, but I have still not had anything.
In the meantime I have been receiving letters from Arrow stating they have identified that I am a vulnerable person and asking for permission to process sensitive information. I have not responded to this as my disabilities does not affect my ability to deal with my own affairs.
I have today also received the following:
Another request for consent to process sensitive information (MALG) Debt & Mental Health Evidence Form
Statement of Account - It shows brand name as Index Extra, account opened 12/06/1998, default date 25/01/2012, summary of transactions in the last 6 years and detailed summary of transactions during the last 3 years.
In the summary section the following appears
Debits = £18216.10 (Goods £18.216.10, Interest £4491.03, Charges £156.00)
Credits = 12,620.21 (Payments £12,486.81, discounts £133.40)
In this details section the following appears
Goods ordered in the last 3 years = A total of 9 transactions (all undated) for the sum of £360.96
Payments in last 3 years = A total of 20 transactions dating from 03/11/1999 to 04/01/2008 for the sum of £-1918.00
Adjustments in the last 3 years = A total of 16 transactions totaling £-115.00
Credit Agreement - This is a copy of a credit agreement section that states it is a credit agreement regulated by the Consumer Act 1974 with Shopping Mail Ltd trading as Index Flexible Account and the address
It has my details, written in my handwriting under my maiden name and my old address and also the Flexible store card number. It is signed and dated by me on 26/08/2000 and also by a store person and dated the same 26/08/2000.
So I am confused, as they have identified this a the Very account, which they say was originally taken out in June 1998, but have provided a signed credit agreement dated August 2000.
The summary of payments shows a payment made in Nov 1999, 1 year before the credit agreement.
There are no signed agreements changing the account from Index to Very and the credit agreement they have supplied does not appear to meet the required standards of the CCA.
In addition, I still have not received a breakdown of the amount outstanding.
I am not sure what to do now, as have spoken to the court and they said the case can still continue if the new hearing fee is paid.
