Shopacheck Reconstructed agreement

[microbar]

Hi my wife has been paying shopacheck for years now we were down to paying £3 a week.

We owe approx. £100.The loans were from 2003

Then when the new government legislation came in IE bedroom tax etc. we had to drop this to £1 a week. I am disabled on ESA Support. After a couple of weeks the agent stopped calling.

We then received a letter from shopacheck telling us we needed to pay the contracted payment.

I wrote back and told them that is all we can afford, They then said they were going to send someone to my house, I sent them a letter to the effect of do not darken my door etc.

As shopacheck have now got very unpleasant I decided to send them a cca request.
What we received back was a Recon of an amount we have not borrowed, It looks like all the accounts have been consolidated together, It also states 0% interest.

My question is as these loans were taken out in 2003 would a reconstructed agreement stand up in court,

As I was led to believe a debt before April 2007 would need to have the original signed agreement, To enforce the debt. And also as the amount stated on the recon does not amount to any loan we have taken out before, would this recon be enforceable in court.

I have enclosed the recon that shopacheck sent me if someone could take a look at it and advise a letter to send back to shopacheck thank you.

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[jon1965]

Re: Shopacheck Reconstructed agreement

I think a swift letter telling them to get stuffed. From what I read somewhere else you took out all the loans,, when you got into difficulty they added up all the outstanding balances and made a new agreement. I can not open the attachment to check.
I imagine like provident the front load the loans i.e. add all the interest up front. I would write back asking if they hold the original signed copies. Either that or do a separate cca request for each loan

[dogtired]

Re: Shopacheck Reconstructed agreement

They are the same group as Welcome Finance/Cattles I think.
Dont trust them one bit

[microbar]

Re: Shopacheck Reconstructed agreement

I think a swift letter telling them to get stuffed. From what I read somewhere else you took out all the loans,, when you got into difficulty they added up all the outstanding balances and made a new agreement. I can not open the attachment to check.
I imagine like provident the front load the loans i.e. add all the interest up front. I would write back asking if they hold the original signed copies. Either that or do a separate cca request for each loan

I am sorry you cannot open the attachments but they are fine I have just checked them without logging in to photo-bucket so everyone should be able to open them.
Is it true that as the agreements are pre april 2007 then They need to supply a the copy of the executed agreement,
And not a half baked recon that bares no resemblance to the original loans.
Any one suggest a strong reply thanks.

[CleverClogs]

Re: Shopacheck Reconstructed agreement

And also as the amount stated on the recon does not amount to any loan we have taken out before, would this recon be enforceable in court.

It seems to have somewhat misstated the total charge for credit as well as the APR applicable when the agreement was executed. For all their Yorksheer flim-flam, are those not prescribed terms?

More to the point, perhaps, is whether or not the alleged recon would be legible in court.

[seduraed]

Re: Shopacheck Reconstructed agreement

shopa certainally used to be part of Cattles plc but if someone has come up with enough cash ...

[jon1965]

Re: Shopacheck Reconstructed agreement

Not your fault I couldn't read the attachments I was on my Galaxy Tab. I am sure someone can draft you a letter or an example of one

[microbar]

Re: Shopacheck Reconstructed agreement

Not your fault I couldn't read the attachments I was on my Galaxy Tab. I am sure someone can draft you a letter or an example of one

Yeah ok I await a suggested letter thanks to all for reading.

[labman]

Re: Shopacheck Reconstructed agreement

Dear Sir,



Your Ref: Account No/Reference No: XXXXXXXX



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 or not you currently hold an original signed Consumer Credit Agreement pertaining to myself.


For the avoidance of doubt, an original signed Consumer Credit Agreement is just that. It is not an application for credit; it is not a reconstructed or microfiched document from other sources but the original signed document purporting to be signed by myself. 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 and this account will remain in an unenforceable state in line with s.127 (CCA1974).



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



Yours faithfully,

[microbar]

Re: Shopacheck Reconstructed agreement

Thank you for the letter of reply red setter very grateful. :tinysmile_grin_t:

[FlamingParrot]

Re: Shopacheck Reconstructed agreement

I am sorry you cannot open the attachments but they are fine I have just checked them without logging in to photo-bucket so everyone should be able to open them.
Is it true that as the agreements are pre april 2007 then They need to supply a the copy of the executed agreement, And not a half baked recon that bares no resemblance to the original loans.
Any one suggest a strong reply thanks.

Yes, it is true, they should have sent the terms at inception. The copy I'm looking at is not legible enough to see the small print on the bottom right hand corner, but there appears to be a date there, there usually is something that gives a clue, you'll find they often send something that did not apply at the time you opened the account. The T&Cs are clearly not a part of the document purporting to be an agreement, there is no way those terms would have been laid out like that if they were part of the same document, also they are not legible enough.

I notice there is apparently no charge for credit, 0% APR for the duration of the loan, was that true? :confused2:

It seems to have somewhat misstated the total charge for credit as well as the APR applicable when the agreement was executed. For all their Yorksheer flim-flam, are those not prescribed terms?

More to the point, perhaps, is whether or not the alleged recon would be legible in court.

Yes, it seems to be a bad C&P job, probably performed at the local nursery school.

Labman has suggested a letter to send. Do bear in mind that they are not obliged to respond to that letter, unlike the CCA request, however, they must not mislead either, i.e. they can't reply saying they *do* have a signed copy of the agreement if they are not able to produce one. What many creditors do when confronted with such a letter is go away and move on to easier prey. If these guys do that, it would have achieved its objective. :thumb:

[FlamingParrot]

Re: Shopacheck Reconstructed agreement

Thank you for the letter of reply red setter very grateful. :tinysmile_grin_t:

His username is actually 'Labman', he is classed as a Red Setter because he's got such a high post count. :beagle: The username is at the top, just like your is 'microbar'. :tongue2:

[microbar]

Re: Shopacheck Reconstructed agreement

Thanks for your replies Labman and flaming parrot sorry about the name change Labman.
Flaming parrot Yes it was 0% apr as the loans were consolidated together OVER 150 WEEKS as I said in my original post.
However in my cca I asked for the orig agreement.But they informed me they did not have the original due to the length of time etc.
thanks again for everyone's help.

[labman]

Re: Shopacheck Reconstructed agreement

Labman, Red Setter, whatever? I'm called far worse! lol

Flaming Parrot is right in saying that the letter I posted up is very effective at keeping your debt moving on. People don't like being confronted with letters they're not accustomed to, so if they pass it on, your objective has been achieved for now.

[FlamingParrot]

Re: Shopacheck Reconstructed agreement

Labman, Red Setter, whatever? I'm called far worse! lol

So am I! :scared: :scared: :scared: