my wife had a lot of catalogues which are now mostly all paid back

[halsaps]

my wife had a lot of catalogues which are know mostly all paid back they
were freemans,next, additions,great universal, choice littlewoods
I had simply be not paid back all just £350.00 with lowells had a lot of issues with this as I had letters of a less amount
left to pay but know stuck with this which I don't have any statements for and as my nationwide anglia account who
I thought i had paid all this off with was closed when I settled that account they let me off the last £150
I was made redundant like a lot of people at this time 3 times in about 4 years between 2008 -2011
what are the chances of getting anything back as I am new to doing this I would just like to settle this last
account as I had to use £14000 of my tribuanl money to pay back all the others and nothing left to sort this last one
I am know in a lower paid job which makes it harder help v much appreciated.

[halsaps]

Re: my wife had a lot of catalogues which are know mostly all paid back

got my first response next say Can you please clarify by replying back to this e-mail whether you are querying the arrears previously on the account. As the account has been closed for some time, I'm only able to go back to your statement dated 22nd January 2010. On that statement it shows you were four months behind in payments. If these are the fees you are querying please let us know so we can look into the matter further.
couldn't i claim from when it was closed in 2011 back 6 years help very much appreciated

[Bill-K]

Re: my wife had a lot of catalogues which are know mostly all paid back

Hi Halsaps,

Like Next, I'm unsure what it is that you are trying to claim. If you still owe arrears on any loans, then you can perhaps negotiate a reduced lump-sum settlement. If you can prove that any of the loan agreements are unenforceable, then you can stop payment, and the lender cannot lawfully pursue you unless/until they can render the agreement enforceable again. If you haven't acknowledged any loan for 6 years (5 in Scotland), then it becomes 'Statute-Barred' and unenforceable.

It may also be the case that mis-sold Payment Protection Insurance (PPI) was charged to some or all of these accounts. This is reclaimable, and where there are still arrears on the account(s), it will be used to reduce or pay off these arrears.

If you do not have records of these accounts (in particular, your monthly statements), then you can obtain copies of these records going back over the last 6 years (and maybe more). This will entail issuing each lender a formal 'Data Subject Access Request' (DSAR), which costs £10 for each lender. Where more than one catalogue firm is owned by a single parent company, a single DSAR to the parent company will suffice - so that is worth checking first.

I hope I've helped a bit.

[ODC]

Re: my wife had a lot of catalogues which are know mostly all paid back

The simplest way to get the Leeds Losers off your back is to send them a CCA request asking for a copy of the agreement that your wife allegedly signed. Without it they are Donald Ducked

[halsaps]

Re: my wife had a lot of catalogues which are know mostly all paid back

thanks for you reply have started to get replies I do have already statements showing all kinds of late fees admin fees credit fees they must
just have a deparment making them up. at the time i was under CAB saxon they dealt with the debtors but against there advice and because it was making wife ill with worry and we were both suffering depression I paid them all up but seems simply be didn't get enough of my blood and are still after me with lowells I really don't won't to get dsars etc do i still need them if i have proof of some charges. I have had these b4 and they didn't get me very far.

[FlamingParrot]

Re: my wife had a lot of catalogues which are know mostly all paid back

thanks for you reply have started to get replies I do have already statements showing all kinds of late fees admin fees credit fees they must
just have a deparment making them up. at the time i was under CAB saxon they dealt with the debtors but against there advice and because it was making wife ill with worry and we were both suffering depression I paid them all up but seems simply be didn't get enough of my blood and are still after me with lowells I really don't won't to get dsars etc do i still need them if i have proof of some charges. I have had these b4 and they didn't get me very far.

A SAR is not the same as a CCA request, the CCA request is merely a request for a copy of the credit agreement that was allegedly signed at the time the account was opened. Catalog companies are well known for having sent out the goods without requiring a credit agreement to be signed, which is why so many are unenforceable. If you hit the Leeds Losers with a CCA request, they will have to go back to the catalog company to request the documents as they'd have bought a job lot of debts without any paperwork. They are not likely to be successful in obtaining any documents in which case they'll have to go away and move on to easier prey. :thumb:

Unlike a SAR, a CCA request costs just £1. :grin:

[FlamingParrot]

Re: my wife had a lot of catalogues which are know mostly all paid back

CCA request letter, which should be sent Recorded Delivery, with a £1 PO. They have 14 days to reply. Sign using a computer font rather than your real signature to be on the safe side. :thumb:

Dear Sirs

Account No: xyz

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

The OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

In line with the above, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. I look forward to hearing from you within the statutory time limit (12 + 2 days).

Yours faithfully,

[astraldream]

Re: my wife had a lot of catalogues which are know mostly all paid back

Out of interest, if the agreement is done on the internet with no actual signature how does that work in these cases?

[halsaps]

Re: my wife had a lot of catalogues which are know mostly all paid back

The simplest way to get the Leeds Losers off your back is to send them a CCA request asking for a copy of the agreement that your wife allegedly signed. Without it they are Donald Ducked

sorry if this is a silly question what happens or what can i do if they don't have a signed credit agreement new to all this thanks for your replies

[FlamingParrot]

Re: my wife had a lot of catalogues which are know mostly all paid back

Out of interest, if the agreement is done on the internet with no actual signature how does that work in these cases?

For online applications from Jan 2005 onwards, a tick box fulfills the role of a signature, as per the The Consumer Credit Act 1974 (Electronic Communications) Order 2004

[FlamingParrot]

Re: my wife had a lot of catalogues which are know mostly all paid back

sorry if this is a silly question what happens or what can i do if they don't have a signed credit agreement new to all this thanks for your replies

The account would be unenforceable, which means they can't obtain a CCJ against you, so you can just leave it without any payments or written acknowledgment for 6 years, when it will become Statute Barred. :thumb:

[halsaps]

Re: my wife had a lot of catalogues which are know mostly all paid back

Hi just got a reply from freemans saying they added 16 default charges of £12.00. As this charge does not exceed the OFT recommended £12 threshold, no refund will be payable. is this correct I thought that I heard somewhere it was £5. just add all my catalogues are paid up except simply be which is with lowells
which I am contesting as I have letter saying £269. they are saying £350 I have asked them to prove I signed any credit agreement your comments gratefully
appreciated.

[FlamingParrot]

Re: my wife had a lot of catalogues which are know mostly all paid back

Hi just got a reply from freemans saying they added 16 default charges of £12.00. As this charge does not exceed the OFT recommended £12 threshold, no refund will be payable. is this correct I thought that I heard somewhere it was £5. just add all my catalogues are paid up except simply be which is with lowells
which I am contesting as I have letter saying £269. they are saying £350 I have asked them to prove I signed any credit agreement your comments gratefully
appreciated.

If you've sent Lowells the CCA request, then you just have to wait for their reply. It's very likely they won't be able to produce anything. In the mean time, if anyone contacts you about this debt, all you have to do is write back saying Lowells are in default of your CCA request. Once you get anything from them, do post up. :typing:

[halsaps]

Re: my wife had a lot of catalogues which are know mostly all paid back

If you've sent Lowells the CCA request, then you just have to wait for their reply. It's very likely they won't be able to produce anything. In the mean time, if anyone contacts you about this debt, all you have to do is write back saying Lowells are in default of your CCA request. Once you get anything from them, do post up. :typing:

Lowells have been back with a reduced offer of half the original debt but not the lowest figure I have of £264.00 but the £350 I sadly have to try to pay that all although it will be a struggle it would have been better if it was the lower ammount of course you thoughts would be gratefully appreciated.

[halsaps]

Re: my wife had a lot of catalogues which are know mostly all paid back

If you've sent Lowells the CCA request, then you just have to wait for their reply. It's very likely they won't be able to produce anything. In the mean time, if anyone contacts you about this debt, all you have to do is write back saying Lowells are in default of your CCA request. Once you get anything from them, do post up. :typing:

I have had a call from lowells they offered a 50% cut to £170
but this is half of the larger figure not on the figure on my letter that I have for £269 on one letter I have should i try to pay this or state again
that I am waiting for my cca request it would be a struggle even at £5 a month your help is gratefully appreciated