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Very catalogue debt

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  • #31
    Re: Very

    Thanks Amethyst I will add that bit as well. I'll also say that although I ordered goods previously, my personal circumstances have changed in the last 2 to 3 months.
    Surely they can't enforce the agreement because I bought goods? Otherwise it would always be enforced?

    Comment


    • #32
      Re: Very

      No they can't, that is just what they will argue, that your continued purchasing of goods and payment of the bills, was implied acceptance of an agreement. I'd be inclined to keep repaying my £50 a month until you have repaid the sum of the goods purchased and then drawing a line under it (informing them that is what you are doing of course). For now though send that letter.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #33
        Re: Very

        Yes all consumer credit agreements must be, " reduced to writing" and signed by both parties. You cannot imply a credit agreement, it would be unenforceable, whenever executed.

        Comment


        • #34
          Re: Very

          How do I claim back the stupid charges they add? X

          Comment


          • #35
            Re: Very

            Start by sending them a letter stating that the charges are unrepresentative of costs incurred due to any contractual breach and therefore represent a penalty.

            Tell them that you will not be paying these and remind them that the charges are unenforceable in law.

            Comment


            • #36
              Re: Very

              Thank you Andy

              Comment


              • #37
                Re: Very

                Got this this morning


                EDIT - (removed image of letter as had personally identifying info on ) - Letter basically says thanks for complaint, we're looking into it.
                Last edited by Tools; 1st October 2013, 12:02:PM.

                Comment


                • #38
                  Re: Very

                  Kazwitch - you need to edit out the reference numbers from the attachment. To the right people, those make you personally identifiable. :beagle:

                  Comment


                  • #39
                    Re: Very

                    Oooops thanks Labman. Thought I had but I just realised I only hid the address etc. X

                    Comment


                    • #40
                      Re: Very

                      Click image for larger version

Name:	IMG-20131009-01004.jpg
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ID:	1157412 HI. I got this this morning. Any ideas what to send them next. ?

                      Comment


                      • #41
                        Re: Very

                        That's quite standard. they are basically agreeing they would be unable to enforce due to the lack of a CCA and threatening you with damaging your credit file. Now I fall in tricky water at this point as opinions differ on what to do next - personally I would negotiate a repayment plan with them at an affordable monthly amount (your £50), tell them to stop charges and interest as there is no CCA to base it on.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #42
                          Re: Very

                          Click image for larger version

Name:	IMG-20131009-01005.jpg
Views:	1
Size:	59.8 KB
ID:	1157413

                          Comment


                          • #43
                            Re: Very

                            Well it seems to me that they are admitting that the agreement is unenforceable in court. The rest is quite true, just because they cannot take you to court does not mean that they cannot request that you repay, nor does it mean that they cannot enter your details on the credit register as this does not amount to enforcement.

                            So the situation is that you will continue to get periodic requests for repayment, they should not however send or make demands for payments in such a manner as to constitute harassment, nor should they suggest that it is an option for them to take court proceedings against you.

                            None of this addresses the matter of the charges, and you can still press for there recovery.

                            Comment


                            • #44
                              Re: Very

                              Click image for larger version

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ID:	1157414

                              Just got this one too but they'll only accept 2 payments of £50 and still insisting I ring them or get a debt management plan! They just don't listen x

                              Comment


                              • #45
                                Re: Very

                                Click image for larger version

Name:	IMG-20131009-01006.jpg
Views:	1
Size:	56.6 KB
ID:	1157414

                                Just got this one too but they'll only accept 2 payments of £50 and still insisting I ring them or get a debt management plan! They just don't listen x

                                Comment

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