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  • CATALOGUE DEBT

    hi there

    my neighbour has got into a pickle with catalogue debt but the thing is that she has never signed anything at all.

    it seems she ordered stuff from jd williams and then it arrived and they automatically opened an account for her. jd williams have several arms like simply be, marisota etc so she has about five different accounts under the arm of JD Williams.

    does anyone know anything about these people?

    also as no actual contract was signed at all how does she stand? can they enforce these?

    she took them out in april - august 2007 if this helps?

    many thanks
    all the best

  • #2
    Re: CATALOGUE DEBT

    Originally posted by Flowerpower
    What you describe above is customary with those companies, they're known for not getting customers to sign anything before sending the goods (or after for that matter) in which case they are obviously unenforceable as there was no agreement. They often send blank forms in reply to a CCA request and have been cheeky enough to ask the requester to sign the form and return it to them!

    The only problem I see is the dates, you mention April to August 2007, as you probably know by now, a new iteration of the CCA came into force in April 2007 repealing s127 that prevented a court from enforcing a debt if certain conditions were not met on the agreement. Having said that, if there was no agreement in the first place...

    Could you get her to double-check the dates? As April 2007 is the cut-off date.

    You may want to take a look at some threads:
    JD Williams/Reliable Collections - allaboutFORUMS
    CCA request help please - allaboutFORUMS
    JD Williams / What do I do? - allaboutFORUMS
    hi flowerpower,

    thank you for your reply.

    yes indeed, the 'agreements' online were mostly during april 2007, two were in august 2007 - but NO CREDIT AGREEMENT WAS SIGNED BY HER AT ALL.

    it was all computer generated - one cca requested was furnished with a 'copy of 'an agreement' with a computer signature from jd williams - but she says clearly that she did not sign anything like it.

    how does the law stand these days with catalogue debt/enforcement. maybe paul could advise again here? as clearly NO SIGNED CREDIT AGREEMENT WAS SIGNED AT ALL EVER.

    another minefield i think but am very interested in helping my neighbour as she is 80 and terrified to answer the 'phone and door. she keeps telling me the baliffs are coming - oh my god - all these swines have to be stopped as i am sure they are all shortening the lives of nice people, some who have won the wars etc.

    all the best
    minnack x

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