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Simplybe Catalogue- NO Credit Agreement PLS HELP

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  • #1

    Simplybe Catalogue- NO Credit Agreement PLS HELP

    I need urgent advice please and would appreciate all your comments.

    I ordered from simplybe around late sep 2008 and paid off the debt in nov 2012. After paying this debt , i realised they have charged me a hoop of interest and placed a default on my credit file without issuing a default notice.

    I have been corresponding with simplybe since around April 2013 requesting for all interests levied on my account and to removed the default on my file. I requested cca from them and they came back with unsigned cca.

    Their last letter i received today states that they have accepted that there was no signed agreement. They said even if there was no signed agreement, they could have applied for enforceability order from court if the debt had not been paid off and since the debt had been paid off, they will not be doing anything about this. Also they said they (catalougues) are not require to issue default notices before registering default on credit file.
    Are they right about this ?
    Tags: None
  • #2
    Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

    Can someone please give advice.....

    Comment

    • #3
      Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

      Hi tessy1, & welcome to Legal Beagles.

      For clarity, could you confirm that this concerns a revolving credit agreement?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb

      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.

      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment

      • #4
        Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

        Originally posted by tessy1 View Post
        I need urgent advice please and would appreciate all your comments.

        I ordered from simplybe around late sep 2008 and paid off the debt in nov 2012. After paying this debt , i realised they have charged me a hoop of interest and placed a default on my credit file without issuing a default notice.

        I have been corresponding with simplybe since around April 2013 requesting for all interests levied on my account and to removed the default on my file. I requested cca from them and they came back with unsigned cca.

        Their last letter i received today states that they have accepted that there was no signed agreement. They said even if there was no signed agreement, they could have applied for enforceability order from court if the debt had not been paid off and since the debt had been paid off, they will not be doing anything about this. Also they said they (catalougues) are not require to issue default notices before registering default on credit file.
        Are they right about this ?
        Agreements signed (executed) after 6th April 2007 are enforceable by Court order. The Court will take into account the prejudice to the debtor caused by the creditors failings, but the likely outcome on an application for an enforcement order would either be a reduction in the debt or an order for the full debt to be paid, dependant on the failings.

        The Default point is slightly different, a default notice acts as a pre condition on enforcement, it must be served before the agreement can be terminated by reason of breach of contract. A default on your credit file is a marker to make others aware you are a credit risk.

        While the creditor is right about no needing a default notice to mark your credit file, he does have to give you notice of the intention to place a default marker.
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.
        • 3 likes

        Comment

        • #5
          Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

          Originally posted by pt2537 View Post
          While the creditor is right about no needing a default notice to mark your credit file, he does have to give you notice of the intention to place a default marker.
          And if no notice was given?
          • 2 likes

          Comment

          • #6
            Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

            Originally posted by CleverClogs View Post
            And if no notice was given?
            was notice given or not?

            thats the question, they may have given notice of intention to file a default
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.
            • 2 likes

            Comment

            • #7
              Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

              no notice was given. when i realised the default on my credit file and questioned it, simply said they are not oblidge to give intention to file a default on cra.
              • 1 thank

              Comment

              • #8
                Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

                Originally posted by charitynjw View Post
                Hi tessy1, & welcome to Legal Beagles.

                For clarity, could you confirm that this concerns a revolving credit agreement?
                the debt had been paid off
                • 1 thank

                Comment

                • #9
                  Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

                  Originally posted by tessy1 View Post
                  the debt had been paid off
                  Hi tessy,

                  That doesn't really answer my question, but it does insinuate that you made one or several 'one-off' purchases, were given a price for it/them & have paid the 'invoice(s)'.

                  Is that the case?; if not, please explain exactly what the payment arrangement was with Simplybe.
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb

                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.

                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick
                  • 1 thank

                  Comment

                  • #10
                    Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

                    Originally posted by charitynjw View Post
                    please explain exactly what the payment arrangement was with Simplybe.
                    Apart from paying twice as much as their tat was really worth?
                    • 2 likes

                    Comment

                    • #11
                      Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

                      Originally posted by charitynjw View Post
                      Hi tessy,

                      That doesn't really answer my question, but it does insinuate that you made one or several 'one-off' purchases, were given a price for it/them & have paid the 'invoice(s)'.

                      Is that the case?; if not, please explain exactly what the payment arrangement was with Simplybe.
                      I was given a credit limit of £135 and bought goods around £123. I think I paid about 4 payments(minimum payments maybe £5) before I could no longer pay . I requested for my credit report in nov 2012 and they have already registered a default on my account (Yes, I think I might have missed 5 payments cos month 3 missed payment was missing. It had jump from month 2-month 4) but the fact remains that they did not inform me about the default. I called them in Nov 2012 and they said I was oweing £221 and I cleared it right away.
                      • 1 thank

                      Comment

                      • #12
                        Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

                        I guess it's like a store card, then.

                        Or have they changed it into a credit card?

                        It's worth checking!

                        Have they started chasing the alleged outstanding amount?
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb

                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.

                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick
                        • 1 thank

                        Comment

                        • #13
                          Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

                          what do you think they could have done ?
                          • 1 thank

                          Comment

                          • #14
                            Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

                            Originally posted by tessy1 View Post
                            what do you think they could have done ?
                            http://www.bbc.co.uk/news/business-17670803
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb

                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.

                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick
                            • 2 likes

                            Comment

                            • #15
                              Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

                              As for the default, what can i do to have it removed?
                              • 1 thank

                              Comment

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