Have been refused a cca by the alleged creditor

[Chinadoll]

Re: Have been refused a cca by the alleged creditor

Hi All. thank you.

My original debt was approx. £135.00, however, one item never arrived and so they took off £22.00,
I have paid £80, but due to circumstances that I could not control (problem with Bt) I was cut off for two months,
thus, I fell behind in my payments,
On the 4th June I owed £66, today, that figure is £123.00 and it is all their "admin charges, charges for statements, charges for producing statements, and sending letters etc.

Below is a brief summary:

Your transactions for the last six months

(Please note: Some of your most recent transactions may not be shown yet)
Display:

All Transactions | My Payments | My Returns
Order No. Transaction Date Item No. Product Code Description Quantity Transaction Type Amount
23/08/2010 -- -- ADJUSTMENT -- Payment Reversal £1.00
19/08/2010 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00
19/08/2010 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00
19/08/2010 -- -- FOLLOW 7 2.620% AMOUNT DUE 23.00 -- Service Charge £2.37
09/08/2010 -- -- PAYMENT - THANK YOU -- Payment £1.00 (this was the "statutory fee" postal order for my CCA request).
22/07/2010 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00
22/07/2010 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00
22/07/2010 -- -- FOLLOW 6 2.620% AMOUNT DUE 18.00 -- Service Charge £1.78
24/06/2010 -- -- FOLLOW 5 2.620% AMOUNT DUE 12.00 -- Service Charge £1.74
27/05/2010 -- -- STMNT NO. 7 AMOUNT DUE 6.00 -- Service Charge £1.95
18/05/2010 -- -- CARD PAYMENT -- Payment £10.00
29/04/2010 -- -- STMNT NO. 6 AMOUNT DUE 7.78 -- Service Charge £2.39
20/04/2010 -- -- CARD PAYMENT -- Payment £20.00
01/04/2010 -- -- STMNT NO. 5 AMOUNT DUE 7.78 -- Service Charge £3.07
08/03/2010 -- -- CARD PAYMENT -- Payment £31.78
04/03/2010 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00
04/03/2010 -- -- ADMINSTRATION CHARGE -- Adjustment £12.00
04/03/2010 -- -- FOLLOW 2 2.620% AMOUNT DUE 31.78 -- Service Charge £3.08

[LuggerBugs]

Re: Have been refused a cca by the alleged creditor

WTF is a SERVICE charge???

Aye, I'd adapt this letter as necessary...

Thank you for your letter dated WHENEVER, received today.
I note the inclusion of an agreement form, along with your comments regarding your obligation to supply merely a “True Copy” of such a document in response to a request under Section 78 of the Consumer Credit Act 1978.
You will no doubt be aware that should you seek to enforce any alleged debt through the courts, you would need substantially more than this in order to get a judgement: in other words only the original, or copy of the original, agreement would be sufficient to satisfy a judge, who would otherwise be precluded from granting a judgement in your favour.
However, this is not the issue. Your response to my request under S78 of the CCA 1974 should in actual fact to have told me that no such document exists, and you therefore cannot comply with my request. This response is allowed for in S78:
“shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”
Note the use of the words IF ANY. In other words, if no such document exists, or has ever existed, the author of the CCA 1974 quite reasonably did not expect a creditor to perform miracles in response to a S78 request.
Neither though, did he allow in the drafting of the CCA 1974, for falsification of an agreement. I shall now point out to you that I have NEVER signed an agreement, nor was I ever made aware of any terms and conditions. For your client to suggest that this is so is at best, a mistake.
The Office of Fair Trading has long been aware that it is common practice for Catalogue Mail Order Companies to operate on the basis of unsigned credit agreements. I will go further, and suggest that it is common practice for CMOCs to operate in the absence of any agreement whatsoever.
I include your client amongst those companies who never bother with procedural matters, like ensuring an agreement is in place when doing business.
Under the circumstances, I am unable to accept that I have at any time agreed to your client’s ridiculous interest rate of ????% APR, nor to their unfair and patently ludicrous administration charges of £12. I therefore have no intention whatsoever of acknowledging that I have ever been, nor am I now, obliged to make payments in that regard.
I do however acknowledge that I have a moral obligation to repay the total sum of goods ordered. To that end, I enclose a simplified breakdown of account, based on the statement supplied by you. You will note that I have omitted any interest whatsoever. I have only included Administration Charges in order to simplify my calculations. The pertinent figures are thus:
· Balance owing to WHOEVER -£XXX
· Total Charges unlawfully applied £XXX
· Total balance due to WHOEVER -£XXX
You will no doubt have noticed that the total balance due is a NEGATIVE figure; I have substantially overpaid your client by £XXX.
I would therefore be grateful if you would arrange to send me a cheque for that. As a goodwill gesture, I am not minded at this point to seek Statutory Interest of 8%.
Failure to send payment within 14 days will mean I have no option but to commence proceedings to recover that sum, without any further warning. You should note that your client will be liable for any costs incurred, and I shall of course, seek Statutory Interest of 8% also.[/font]

Only include the last paragraph if you really do intend to take them to court. Otherwise, amend to imply that you MAY do so.

[pompeyfaith]

Re: Have been refused a cca by the alleged creditor

Why are they making 2 admin charges on the same day ? claim it all back.

PF

[Amethyst]

Re: Have been refused a cca by the alleged creditor

Service Charge is what they call Interest - because they don't have CCA's they arent allowed to charge interest so they apply service charges (or something like that, its on Tool's thread anyway)

[Chinadoll]

Re: Have been refused a cca by the alleged creditor

This is brilliant, I cannot thank you enough, all of you!

Chinadoll, may have been at breaking point, but may just have been saved from herself, in as much as I could never have done this without the help of this forum,

:beagle::tinysmile_hmm_t2:

WTF is a SERVICE charge???

Aye, I'd adapt this letter as necessary...



Only include the last paragraph if you really do intend to take them to court. Otherwise, amend to imply that you MAY do so.

Hi All. thank you.

My original debt was approx. £135.00, however, one item never arrived and so they took off £22.00,
I have paid £80, but due to circumstances that I could not control (problem with Bt) I was cut off for two months,
thus, I fell behind in my payments,
On the 4th June I owed £66, today, that figure is £123.00 and it is all their "admin charges, charges for statements, charges for producing statements, and sending letters etc.

[LuggerBugs]

Re: Have been refused a cca by the alleged creditor

Then tell them to whistle. I'd suggest a letter similar to above. They will reply that it is unreasonable not to expect their client to add interest, but will probably offer to drop at least some of the charges. They have even been known to accept that the debt is unrecoverable, but has not gone away. If so, KEEP THAT LETTER.

You, as a Gesture of Goodwill, might feel that you will be able to accept them simply writing EVERYTHING off, in return. And that being the end of the matter.

On the other hand, you might like to chase them for all the charges etc should it be in your favour and it turns out that THEY owe YOU money.. But be aware you will probably have to take them to court.

[Guest]

Re: Have been refused a cca by the alleged creditor

Hi
Excellent.
I should also add that you will not be discussing this matter other than by letter, that untill this dipute is settled all collection activity must cease ss per Oft guidelines, and any contraventions of this will result in a report to the regulator and possible action for harassment.
Peter
------------------------------- merged -------------------------------

Service Charge is what they call Interest - because they don't have CCA's they arent allowed to charge interest so they apply service charges (or something like that, its on Tool's thread anyway)

Hi

Yes in order to qulify for the section 16 exemption ther has to be no charge for credit, if they think they discuise it like this they are moe stupid than they appear

peter

[LuggerBugs]

Re: Have been refused a cca by the alleged creditor

I'll see if I can find a typical reply from them, and post it up as encouragement. It'll make ye giggle.

For some reason, I've never known this lot to actually bully by phone. Strange that.

Threatograms aplenty though.

[BillandBen]

Re: Have been refused a cca by the alleged creditor

I was going to say the same about the 'phone calls... they never really did call me.

[Chinadoll]

Re: Have been refused a cca by the alleged creditor

Ok, have worked it all out,

I made two orders last year,
both amounted to £149 and oddments, I have never ordered anything else, I have paid £95. and oddments to date, yet they are telling me I owe them £119. and oddments,
The letter went last night, the phone calls have continued this morning.
I shall keep you posted.

I was going to say the same about the 'phone calls... they never really did call me.

Hi All. thank you.

My original debt was approx. £135.00, however, one item never arrived and so they took off £22.00,
I have paid £80, but due to circumstances that I could not control (problem with Bt) I was cut off for two months,
thus, I fell behind in my payments,
On the 4th June I owed £66, today, that figure is £123.00 and it is all their "admin charges, charges for statements, charges for producing statements, and sending letters etc.

[LuggerBugs]

Re: Have been refused a cca by the alleged creditor

Well, if the orders totalled £149 (and assuming that is the cash price, and does not include interst, charges or whathaveyou), and you have paid them £95, simply adapt the above letter and tell them you are prepared to pay them £54 in Full and Final settlement of the debt. And that if they do not accept that they have no entitlement to the rest, then they will need to chase it in court, where you will be vigorously defending any action that they may contemplate.

I think they will bite your hand off.

[Chinadoll]

Re: Have been refused a cca by the alleged creditor

Thank you, I have done this and I got an email to say that I will be contacted in the next five days, it has gone to their "Resolution centre",
I shall of course, keep you posted.

Well, if the orders totalled £149 (and assuming that is the cash price, and does not include interst, charges or whathaveyou), and you have paid them £95, simply adapt the above letter and tell them you are prepared to pay them £54 in Full and Final settlement of the debt. And that if they do not accept that they have no entitlement to the rest, then they will need to chase it in court, where you will be vigorously defending any action that they may contemplate.

I think they will bite your hand off.

Ok, have worked it all out,

I made two orders last year,
both amounted to £149 and oddments, I have never ordered anything, I have paid £95. and oddments to date, yet they are telling me I owe them £119. and oddments,
The letter went last night, the phone calls have continued this morning.
I

I was going to say the same about the 'phone calls... they never really did call me.

Hi All. thank you.

My original debt was approx. £135.00, however, one item never arrived and so they took off £22.00,
I have paid £80, but due to circumstances that I could not control (problem with Bt) I was cut off for two months,
thus, I fell behind in my payments,
On the 4th June I owed £66, today, that figure is £123.00 and it is all their "admin charges, charges for statements, charges for producing statements, and sending letters etc.

[Guest]

Re: Have been refused a cca by the alleged creditor

Hi
so bassically you owe them £23, as final settlement as a postal order (recorded)if you can afford it . Tell them you wil not pay any further amounts until you see a contract showing tht they are entitled to anything else
Peter

[Chinadoll]

Re: Have been refused a cca by the alleged creditor

Hi
so bassically you owe them £23, as final settlement as a postal order (recorded)if you can afford it . Tell them you wil not pay any further amounts until you see a contract showing tht they are entitled to anything else
Peter

Thank you, I will do that.

[Chinadoll]

Re: Have been refused a cca by the alleged creditor

Thus far, I am being ignored by this company, Reliable Collections ltd on the other hand are threatening all sorts, and the phone calls are continuing.

Have told them I am going to report them to trading standards amongst others.

Not sure whether their apparent indifference is a good thing or a bad thing, what do the members think?