shop direct debt

[di30]

Re: shop direct debt

Hi there

You are in very good hands here.
I do not usually deal with this department but am trying to pick up as I go along.

However, you can only pay what you can afford to pay.

I would also like the opportunity to raise up the issue of insurance.
What I am saying is that I had some recent dealings with Shop direct, via Littlewoods Catalogue, because back some years ago they added insurance called Extra Care 500 cover.
They told me at the time it was something that I had to have, but back then I was naive and then assumed it was part of the account.

I usually deal with Payment Protection Insurance (PPI), another name for insurance, as you will see on the PPI section of this site.

Now, what I am getting at is, if you think have or did have insurance with this business, and think it was mis sold, you can make a complaint and make a reclaim.
If you are successful, they would probably use the insurance refund to reduce the amount and you should therefore receive the relevant interest.
And the fact that you are under a repayment plan, or was under plan with them, the insurance will now also be worthless to you, as you would not be able to use it as such at this time anyway.

If your not sure if there was insurance, it maybe a good idea to check this out, statements will enclose if you were paying for this.

We can take it from there.

If you do have a case, then feel free to separate the PPI issue to this one on this thread, and please start a thread about making a reclaiming complaint on the PPI forums.

[ed.]

Re: shop direct debt

When did you apply to trade with them? Year?

[labman]

Re: shop direct debt

Milky - an answer to ed's question would be good. Personally I wouldn't worry too much about AP's, have a look at NEDCAB or Cashflow (a Google will bring both up). Fill in an I&E and send it to them to set up an informal repayment plan. If you have other debts, now is the time to tackle those as well.

Don't send off until we know how old the account is though - it is irrelevant whether or not you used it, it's the date you could have started using it.

[malky1]

Re: shop direct debt

I opened an account in october 2008 and started the other payment plan with littlewoods in november 2011.

[malky1]

Re: shop direct debt

i know i need to pay of this debt,but my gripe is the £3000 (roughly ) added in interest when my original debt was for £6000 roughly.

[labman]

Re: shop direct debt

I'd send them a CCA Request at this stage. It may be £1.00 well invested - at worst you'll have wasted £1.00.

[malky1]

Re: shop direct debt

How do i go about doimg that ?

[labman]

Re: shop direct debt

Send with a PO for £1.00 to Shop Direct. They have 14 working days (12 + 2 for time in post) in which to respond. See what they come up with. It can often be interesting with Shop Direct! Some of the things you have asked for, they don't have to provide. The agreement is a must!

Dear Sir/Madam

ACCOUNT NUMBER: xxxx
YOUR REF: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and (DCA)
4. A fair processing notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

[malky1]

Re: shop direct debt

Thanks for this information,i shall proceed with this

[malky1]

Re: shop direct debt

Can anyone tell me if they have been or know someone who has been successful with something similar?

[labman]

Re: shop direct debt

Malky, all you're doing at the moment is establishing whether or not Shop Direct can still lay their hands on a copy of your signed CCA agreement. If they can't, it vastly increases your negotiating power.

At worst, they produce the agreement, and we then move on to completing a quality income and expenditure form (I&E) which will then look at your disposable income, and distribute it pro rata among your creditors. As long as this is done properly, it is really very hard for them to refuse it.

As to your question, yes, I have certainly had success with both ways. I suspect I won't be the only one.

[ed.]

Re: shop direct debt

I've been off track for a while (as people will attest to) but 2008, the CCA element I was thinking of expired in April 2007 didn't it.

I'm not sure the CCA (in terms of a credit agreement) would be the best way forward if I've remembered my dates correctly. BUT it would give you the terms to hand and such like.

You're best way forward is an I&E and a sensible offer to get this debt under control and being dealt with, and then you could possibly look at unfair practice by tying you into a loan, when they could've frozen interest and made a payment arrangement.

OFT 664 Unfair Practices talks about not encouraging a debtor to get into further debt (consolidation/loan money from family etc), so that's an area you can look at as instead of helping you and working out a repayment that was manageable they took you straight to finance in order to fund finance which would incur significant extra interest costs.

I think that is your best way forward from what I'm reading in the thread.

As miliitant has said, have you laid your hands on the refinance agreement for those terms? That is the way forward to get a fair redress on the issue.

[labman]

Re: shop direct debt

I disagree Ed. You're absolutely right about April 2007 being key in terms of enforceability. However, if they cannot produce an agreement, it gives you a very powerful tool for 'persuading' the creditor to accept an offer. If you like, it can give more flexibility than a 'normal' DMP. This has been my experience anyway.

The I&E would be the next step as per my previous post. As you know, these are the subject of some controversy anyway in these circumstances.

[ed.]

Re: shop direct debt

We'll agree to disagree mate post 2007, but thanks for confirming. Slowly trying to find my feet again after a long time away.

As for I&E, got a thread you can PM - as said I'm catching up dude.

But yes agree completely the aim here is a mutually beneficial deal, the best shot in my mind is their behaviour as a means of redress.

[Bill-K]

Re: shop direct debt

It's good to see you back 'on the boards' again, Ed. I see that you and Labman agree on the need for an I&E sheet, but disagree as regards the CCA s.77-79 request. FWIW, my own view is that it's worth a quid to send in the request, as it gathers a bit more evidence one way or the other - but the purpose of this is not to render the debt unenforceable. We know this is not as clear cut as it originally seemed to be back in 2006. The way I see it, we let them know that they will have to jump through a few hoops themselves before they can seriously pursue the matter in court - so it's a negotiating tool, that's all. I think it lets them know that they cannot intimidate us that easily - and therefore they had better take the I&E sheet seriously.

That's my take, anywayz.