Very catalogue debt

[Kazwitch]

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?

[Amethyst]

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.

[Guest]

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.

[Kazwitch]

Re: Very

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

[Guest]

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.

[Kazwitch]

Re: Very

Thank you Andy

[Kazwitch]

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.

[labman]

Re: Very

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

[Kazwitch]

Re: Very

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

[Kazwitch]

Re: Very

HI. I got this this morning. Any ideas what to send them next. ?

[Amethyst]

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.

[Kazwitch]

Re: Very

[Guest]

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.

[Kazwitch]

Re: Very



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

[Kazwitch]

Re: Very



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