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Help needed with Shop Direct/Kays.

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  • Help needed with Shop Direct/Kays.

    Back in April 2007 I was not too well, having just come out of hospital, and my husband was dealing with all my affairs. Unbeknown to me he had received a letter from Moorcroft about some money I allegedly owed to Kays and started making payments.
    When I was a bit better and found this out, I wrote to Moorcroft in August 2007 denying all knowledge of the debt and asking for a copy of the credit agreement. I received a letter back from them, dated 7th August, stating that they were unable to supply a copy of the agreement.
    I then sent them a letter, dated 10th August 2007, reminding them of their obligations under CCA. Despite this I received a letter from them asking for payment and threatening to send a collection agent round.
    I wrote to them again on 23rd August 2007 telling them not to bother contacting me again until they were in possession of a signed credit agreement. I then heard nothing until February 2008 when I received a letter from Fredricksons.
    I wrote to Fredricksons saying that the alleged account was in dispute, that Moorcroft could not supply a credit agreement and requesting that the account be returned to Moorcroft for resolution.
    Since then I have heard nothing from either Moorcroft or Fredricksons but recently received a letter from Shop Direct. As you will see from the letter here they have written in response to a ‘recent request’ for a copy of the agreement but they are still unable to locate a copy of the agreement.
    They also say their record show some payments having been made in the last 12 months but this is total rubbish. The last ‘payment’ made to anyone in relation to the alleged account was the payment of £1 to Moorcroft for the CCA request on 2nd August 2007.
    They also mention a copy of the current agreement, which can be found here. Obviously they have nothing with my signature on so I am assuming they don’t have a leg to stand on. I would welcome any advice as how to proceed from this point.
     
     


  • #2
    Re: Help needed with Shop Direct/Kays.

    You appear to have a good understanding of what to do and have done all the right things so far. If you do not owe Kays any money then you are not obliged to pay them, or any DCA they may instruct to collect the alleged debt.

    Take a look here for more excellent advice Legal Beagles

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    • #3
      Re: Help needed with Shop Direct/Kays.

      Thanks for the reply but I can't seem to follow the link you put in. It says'you do not have permission to access this page'.

      Comment


      • #4
        Re: Help needed with Shop Direct/Kays.

        Try again now flubbergirl
        Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

        IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

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        • #5
          Re: Help needed with Shop Direct/Kays.

          Thanks for that. Am I correct in assuming that if they haven't got a credit agreement they can't take any further action and they should not be able to put anything on my credit history.

          Also, as they have effectively said they haven't got a true copy of the executed credit agreement but here is what one would like if we had one - I was thinking of sending them a photocopy of a £50 note as 'payment' and saying sorry but I haven't got a true copy of of a £50 note but here is what one would like if I had one!

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          • #6
            Re: Help needed with Shop Direct/Kays.

            msl: I like your thinking.

            Yes, if the original agreement was before April 2007 then you are correct. However, was there any interest (i.e credit) being applied to the catalogue account? If I remember rightly interest free as opposed to 0% APR agreements are not covered by the CCA but I may be wrong and I am sure Curly or someone else will correct me if I am wrong.
            Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

            IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

            Comment

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