shop direct debt

[labman]

Re: shop direct debt

Tere's also the fact that if they send a recon or nothing at all, you can then send a letter (I have a template) using CPUTR 2008 to almost guarantee it will never see a courtroom, so it puts the OP in a strong position. It's all a bit like a game of chess, but we need to make sure we always win!:beagle:

[Bill-K]

Re: shop direct debt

Indeed so, Labman. You introduced me to the 'gambit' of the CPUTR request a while ago, and it seems to remove as an option that 'sullen silence' that we often get from the lender or their agent.

[ed.]

Re: shop direct debt

Don't overly want to turn this into a discussion thread as clearly the OP is the concern, but Lab can you PM me again with thoughts on a recon breaches CPUTR please...again I have the feeling I've missed a train of thought and it sounds like something I want to know lol

Malky do as advised so far mate, you have to get a grip on this and make it manageable...what follows, follows but for now controlling this debt under your budget is what counts.

[Bill-K]

Re: shop direct debt

Sure - Malky is the primary concern, but he has been presented with more than one opinion, and I think it is good to show the reasoning behind each opinion so he can make an informed choice as to which way to go.

The CPUTR request is not so much a response to to a 'recon' agreement, as a challenge to the lender in response to their 'sullen silence.'

[labman]

Re: shop direct debt

It's easily summed up briefly. I'll pm the long version! In brief you state CPUTR requires they don't mislead, so ask if they hold a true copy of the agreement. You then remind them that if they lie and it goes to court, you'll produce the letter as proof of their lies. It's useful as a 'keep me out of court' measure.

VERY over-simplified, but that's the basic gist.

CPUTR is a fantastic piece of legislation, but can only be used by the really big guns in reality, and then only very rarely. Another real missed opportunity.

[ed.]

Re: shop direct debt

I look forward to the long version mate and in such I hold my tongue lol (cue Bill laughing) Because post 6/7 sorry that does not wash with me. A lie yes, granted, but a fact they don't need to prove?

In the OP's case I admit it won't hurt, but I don't see the benefit.

I genuinely look forward to you proving me wrong, because I'd like nothing more.

[malky1]

Re: shop direct debt

i phoned littlewoods arrears department today and asked for a copy of my agreement,amazingly they are posting it out along with my signature on it.what next maybe?

[malky1]

Re: shop direct debt

wow that was quick,received the paperwork back from shop direct.They put me straight on to a fixed-sum loan agreement to clear my debt.The original debt was for £5617.77,with everything added on the total amount payable was £9030.33.It is a year past now and i have been paying this back at £231.56,with an apr of 39.9%.

[basa48]

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

With respect Labman, that letter is a little long winded and non compliance with s77/78 is no longer a criminal offence.

I would cut it down to:

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.

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

[labman]

Re: shop direct debt

Perhaps now is the time to ask them to freeze the interest in order that you can make an inroad into the debt. I will read the whole thread again over the weekend, so may well post up again.

[basa48]

Re: shop direct debt

wow that was quick,received the paperwork back from shop direct.....................an apr of 39.9%.

Wow indeed !!!!

Almost worth going to court to stop that interest and set the (lower??) repayments in stone!!

[ed.]

Re: shop direct debt

Can you post up the agreement you were sent please?

Going to court to stop the interest is not something to entertain, the lower repayments are set in the offer they gave you. That's a negotiation. Nothing more. You need to lok into an FOS complaint based on what you were paying, the circs, and the fact contrary to OFT 664 you were tied into a new finance deal to deal with this. Nobody should take on a debt to deal with a debt.

[labman]

Re: shop direct debt

Can you post up the agreement you were sent please?

Going to court to stop the interest is not something to entertain, the lower repayments are set in the offer they gave you. That's a negotiation. Nothing more. You need to lok into an FOS complaint based on what you were paying, the circs, and the fact contrary to OFT 664 you were tied into a new finance deal to deal with this. Nobody should take on a debt to deal with a debt.

Hi Malky,

Ed - I nearly agree with you lol! Nobody mentioned going to court to get interest stopped though (oops! sorry - they did!), this could be done directly with Shop Direct. Court doesn't enter the equation. Also forget complaining to the FOS for the moment, that time will come when there is more to complain about. Definitely contrary to OFT 664 debt collection guidelines, and while they are not covered by it, given they've effectively set up a loan with a huge rate of interest to repay the original debt, it is also worth mentioning Section 9 of the Lending Code. Often they don't realise they're not actually subscribed to it.

The priority at the moment is to get affordable payments. Malky - can you go to National Debtline or NEDCAB (Google it) and complete their I&E form. This will then enable you to identify what disposable income you have left and how it should be split between all your debtors. This is the amount you then offer Shop Direct. If you post up as soon as you've completed an I&E form, I'll do a letter for you to send to Shop Direct.

Once we've got you solvent again, we'll deal with the complaints, as they take a long time. Also, if you can post up a redacted copy of the original agreement, that would be good.

[malky1]

Re: shop direct debt

hi labman,how will all this affect my credit rating?

[labman]

Re: shop direct debt

hi labman,how will all this affect my credit rating?

If your credit rating is currently good, and you can afford to keep up the payments, you'd be better doing so. If you're already missing payments, it will be noted on your CRF, and if they default you, that stays there for 6 years.

Doing what I have suggested would definitely default you, but you have to ask yourself, if you're struggling to meet current financial obligations, is it wise to take on further ones?

If you're not going to take on further commitments, which it sounds as though you can't afford to do, then you might as well sort out this debt (and any others while you're at it), to get you back on a solid financial footing again. Clearly, if you can make the payments you're best doing so, but then I think you should look along the lines of Ed's post re Shop Direct's responsibility in lending you money to repay an existing debt at a high rate of interest.

Only you know your financial situation, so only you can decide what route is best.

If it helps the link below helps people with financial issues choose what may be best. It's free and purely for personal use - it doesn't commit you to anything:

http://mymoney.nedcab.org.uk/moneyadvice/

If you go to the home page, there are several other good resources which may be useful as well if it helps.