mond:thanks for the advice i forgot to mention that the letter was from shop direct finance company . so in theory they are informing me that they are no longer pursuing it . but i suppose like you say marshall ward may sell the debt on again in the event that that happens do i just repeat the cca request process over ?? mond x

I have an on-going court case against SDFC over an identical situation.

The case has been adjourned for now and I don't expect a resolution for at least a month.

Even though SDFC wrote saying they will not pursue they still issued a Default Notice and marked the file 'no information' and 'query' which has I assume negated any prospect of credit for 6 years!

I will keep this forum updated regarding my case, but unless there is a significant ruling in the debtors favour regarding this issue in upcoming test cases I don't expect an immediate change in stance by the credit companies or the ICO.

hi
good sound advice , and i appreciate it greatly , i think after xmas is over i will start putting a little away a month for if i do need to offer settlements etc ,,
once again thankyou
mond x

mond: but i suppose like you say marshall ward may sell the debt on again in the event that that happens do i just repeat the cca request process over ?? mond x

Yes you can do that. Keep the catalogue companies letters to send copies to any debt companies that contact you.

If you have not invested in any call barring facility or the True call device to stop nuissance calls, you may want to invest in this at some point.

Become an expert in the OFT debt collection guidelines by reading the attached. Being able to quote the guidelines may help you if you are hassled. See http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

While you are not repaying the accounts, you should put some money to one side if you can. Then at some point you could make the full and final settlement offer, if you wanted to do this.

Huckster

thanks for the advice
i forgot to mention that the letter was from shop direct finance company . so in theory they are informing me that they are no longer pursuing it .
but i suppose like you say marshall ward may sell the debt on again
in the event that that happens do i just repeat the cca request process over ??

mond x

Mond

You can only draw from this that,

1) Marshall ward will not contact you regarding this again.

2) Your credit record and records with the company will be noted that you have an unsatisfied account. You did not pay and left the account in debt. This default will be on your credit record for 6 years until it becomes statute barred.

What to expect

1) I would expect Marshall Ward will sell the debt on. All they have said is that Marshall Ward will not pursue. They have not said that they will not sell the debt on and you will not hear from anyone else. You have to remember your account is just one entry on a long list of defaulted accounts. Marshall Ward will just sell the list on at some point, even if they don't have a copy of your agreement. The debt companies will not be bothered as they know their harassment methods work sufficiently to get a return on any debts they buy. You should expect to start receiving letters and phone calls from debt collection companies at some point in the future.

2) You should expect that the default on your credit record will stop you obtaining credit at a normal rate and affect your ability to obtain services, where companies check your record.

What to do next is up to you. It depends on whether you are bothered by the default on your credit record and the problems this will cause over the next 6 years. If you would rather resolve this now, you could look into making them a 'without prejudice' full and final settlement offer for a percentage of the account. This is the insolvencyhelpline page on this subject and includes a specimen letter. http://www.insolvencyhelpline.co.uk/debt_factsheets/full_and_final_settlement_offers.php

Hope this helps. My advice is to deal with the debt when you can, as by not doing so, you will incur problems that you may come to regret later.

Huckster

i sent off the letter edited to suit and had this reply ??? what does it really mean and is it now case closed for them chasing me for money

dear mrs ........
with reference to your letter dated 02/11/2009 , i can confirm that we will not be pursuing the above marshall ward account for the outstanding balance of £1130.99
as the debt remains unsatisfied , this will be noted on our internal file for future reference .
this information will also form part of your records at the credit reference agencies where we share information , this information will remain on your credit reference file for 6 years
if you are charged interest on your account , any future charges will no longer be applied

what do i need to do now please gang ??
cheers
mond xx

thanks loads for your help
mond x

mond77:, however this still leaves the other 2 . what are my next steps with them , ?? once again thanks for your advice , i do appreciate it mond x

If the other 2 are not online agreements and were entered into before 6/4/07, you could issue a reminder letter. There is such a letter under the following thread. http://www.moneysupermarket.com/community/forums/t/debt-cca-letter-okay-to-send-38771.aspx

You will need to read and alter slightly, as the last paragraph mentions about stopping payment. Perhaps amend to say that you have no way of acknowledging the debt, without a valid CCA being provided. Send by recorded delivery and post before the mail strike which starts on Thurday,

huckster

thanks for your advice ,

the marshal ward one, and the studio one was defo not taken out online . i,m pretty sure that it was just the vertbaudet one that was taken out online so i will look into setting up an agreement with them ,
however this still leaves the other 2 .

what are my next steps with them , ??

once again thanks for your advice , i do appreciate it
mond x

Mond

Based on the information in this thread, I think these companies could well go to court at some point and obtain CCJ's.

If the CCA's were taken out online within the last few years (after 6/4/07), my understanding is that the companies do not need your original signed CCA. They will have a full record of the transactions and your electronic signature, which you would have provided when applying for the account online.

You can keep sending letters to them to delay matters, but this will not take you any further forward. The amount will grow as interest and fees are added.

In my opinion it would be better to see if you can come to an agreement to repay the amounts. You would have to work out what you could currently afford and then make an offer. If you have a look at the insolvency helpline site, there is some useful advice about making offers and specimen letters. http://www.insolvencyhelpline.co.uk/debt_factsheets/full_and_final_settlement_offers.php#2. There is the choice about either making an affordable lump sum 'without prejudice' full and final settlement or asking them to accept an affordable payment plan. If you are uncertain, why not give their freephone helpline a call.

Sorry if this is not the advice you were looking for. But in my opinion this is what I would do, to avoid potential CCJ's and years of hassle.

Huckster

i,v had my mail and have 2 letters re same account

dated 13-10-09

from ndr
dear mrs ............
i have attempted to contact you on numerous occasions re the overdue payment on your account
as this payment is now seriously overdue , it is essential that you make a payment to prevent any further action being taken on your account .

you can pay by credit or debit card ,, blah blah blah
as a result we have applied a £12 administation fee on your account due to the substantial amount of effort i have made in trying to contact you .





dated 16-10-09.

from shop direct home finance company ltd
dear mrs ..................
we refer to a recent request for a copy of your agreement .
unfortunately we are unable to locate a copy of an executed agreement for your marshall ward account . but for your information we enclose a copy of the current agreement which applied to this type of account, this version includes all contractual variations which have taken place.
according to our records the account was opened on 17-11-2007 , you agreed to make payments every 28 days.
the out standing balance is currently £1118.99 , our records show that £83 in payments have been made within the last 12 months .
in accordance with the terms of the catalogue statements are issued every 28 days

if a third party is acting for you , please pass a copy of this letter to your representative

yours sincerely
.....................

and attatched is an unsigned copy of the credit agreement regulated by the consumer credit act 1974

can somebody please advise as to what my next step is ??
also why is one letter off ndr then the other off shop direct ?{confused.com !!!!!}

mond xxx

today is the 12+2 date that they should of replied to me by ... as of yet {not had post yet}
if i dont get anything in the post what is the next step that i should take ? does it mean that its now in dispute etc ...
do i need to send out a different letter ??

thanks ,
mond x

Generally it is common experience that on-line credit applications turn out to be enforceable. Paper applications prior to (about) 2004 tend to be unenforceable. YMMV.

The OCs seeming inability to supply copies of agreements shouldn't necessarily lead you to believe they don't have one. It is possible they are inundated with similar requests or are just too lazy to go find it.

This shouldn't put you off demanding them, but don't throw caution to the wind and dive into litigation just yet. A SAR might be the order of the day as further confirmation.

i,v sent the oc for the westcot one a cca letter recorded

i,v sent an edited to suit letter to moorcroft recorded

and also have sent a cca request to ndr {marsall ward}

thinking about it only 1 of them was taken out online ,,, i,ll just see how that one goes and hope for the best .
you,v been a real help and i will post as soon as i get a reply
thankyou very much for your time

mondxx

mond - if they have returned this to their client does this mean they didn,t buy the debt ??
will keep you posted as i,m sure i will need everyones help and advice with all the next steps etc

Sometimes the OC assigns it to a external debt agency either selling it, or simply to collect on the OC's behalf, if the DCA cannot supply the requested CCA then they hand it back to the OC who may have it in their archives... because as far as the law is concerned without a valid CCA the matter remains deadlocked.

PS - Were all these agreements taken out online, if so, you will have been automatically subjected to the electronic signature requirement, all that takes is a tick or a cross in the box as your legal signature and consent to proceed.?