Very catalogue debt

[CleverClogs]

Re: Very

They get £50 next week

Why?

[Kazwitch]

Re: Very

Dunno lol. I think its coz it was my plan to pay till December and if it wasn't sorted by xmas, I wasn't going to pay any more

[Kazwitch]

Re: Very

How do I claim back default charges??

[panther12]

Re: Very

The way I see it, there's no proper docs therefore UE but you tried to do the moral thing to clear the account with what you can afford @ £50p/m. They say no and insist you pay full amount. If it were me and wanting to pay it off I would probably send one final letter asking (or rather TELLING) them to agree (also that any charge & interest added to the account be removed) otherwise they can sod off and get zilch and the £50 you were prepared to pay will now go towards paying off other more reasonable creditors. It will be final communication, take it or leave it, the choice is theirs.

[Gorang]

Re: Very

Kazwich

Did you ever
Total up the purchase price of all of the goods you have received since the account opened?
then
Total up the full amount you have paid to the account since it opened?

As I think Amethyst suggested earlier in your thread

for the length of time you have had this account, I would not be surprised if you have already paid them more than you have bought in purchases, and the remaining debt will more than likely be made up of interest and charges, of which they are NOT entitled to as they have admitted in writing to you that they do NOT have an enforceable agreement

I personally would do some calcs first BEFORE I would send any letters, to see IF you actually do owe them anything for goods purchased

If you don't owe them anything for purchases then defo tell them to get stuffed and give them NOTHING

[Kazwitch]

Re: Very

Thanks you everyone.
Gorang, I've been with them since April 2002. I have no idea how much I've had from them over the years. If I ask them will they send me a full history of purchases and payments ?

[CleverClogs]

Re: Very

I've been with them since April 2002. I have no idea how much I've had from them over the years. If I ask them will they send me a full history of purchases and payments ?

They probably won't have kept any records for more than six years - let alone eleven!

[Kazwitch]

Re: Very

There's no way of finding out how much I've bought from them over the years but it must be thousands.

[Amethyst]

Re: Very

Subject Access Request would give you a list of transactions since inception (or at least for the past 6 years)

Can you still log in to your Very account on line ? You can get a list of all past orders if you can, although I don't know how far back that goes.

[Kazwitch]

Re: Very

:26:I'll have a look today

[Kazwitch]

Re: Very

I had a look on line at my account. They only go back a year. I've paid a final £50. I found this template on another forum and will probably send it next week.
At least I will know for certain whether they have a OSCCA or not. If not then I will just stop paying.

Dear Sir/Madam,

Your Ref: xxxxxxx

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt.

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,

[Gorang]

Re: Very

Think you would be better with this one as it will get you more for your money

Pay the £1 fee with a postal order

Also sign the request with a fancy computer font, NOT with your usual signature as some org's have a nasty habit of scanning you signature then placing that on an agreement

Also Send recorded delivery minimum so you can get proof of delivery via track and trace

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

•a copy of their agreement
•copies of some of the other documents mentioned in their agreement
•a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

•make the debtor pay the debt before they're supposed to
•get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully

[Amethyst]

Re: Very

Kaz, definately sent the one Gorang has posted for you rather than the CUPTR one. However, you have already been through the CCA request and they have sent a non compliant agreement. They've agreed there is no agreement.

Rather than sending another CCA request I'd write again in terms of the letter on this post http://www.legalbeagles.info/forums/...013#post393013 but amend the final sentences to state what you want to do - ie. Pay £50 a month off the goods you purchased from them, they stop adding interest and charges as there is no agreement, and they don't hassle you. (If that IS what you want to do)

[Gorang]

Re: Very

Kaz, definately sent the one Gorang has posted for you rather than the CUPTR one. However, you have already been through the CCA request and they have sent a non compliant agreement. They've agreed there is no agreement.

Sorry Amethyst I never looked back the thread, so I didn't realise that a CCA request had already been sent, My apologies

[Kazwitch]

Re: Very catalogue debt

Hi all. Right update is : I sent a recorded letter to Very asking whether they have or do not have an original signed credit agreement begining of January- still no reply. I've sent another copy of the letter by recorded delivery on 20th January. I thought they were suppose to give you this information by law but they seem to be ignoring my letters. I want to make sure they don't have an agreement before I stop paying them. Any ideas?