Catalogue agreement advise please

[sourcrates]

Hi guys, would like a little clarification on the law regarding credit agreements, background, kays catalogue account originally opened online in 2008, marriage breakup hence problems, account sold on to Lowells, sent provit letter, had a response with copies of a statement, and a credit agreement, ok, fine you may think, but, the agreement only relates to one individual item, bought on a "buy now pay later" not the actual account itself, the acc numbers and dates do not tally.
I never ticked a tick box online, nor did I ever sign any other agreement, even though they were sent, I never returned them, but still got the goods, never had a copy of agreement from kays on account opening, account balance is £3600.
Question, if Lowell`s/kays fail to provide a copy of agreement pertaining to the account they say I owe, is the account still unenforceable until such time as an agreement is produced ? is this still applicable ?. Im not trying to dodge the debt, just wanting to create a little breathing space, but with lots of conflicting info out there im unsure of my position.
thanks guys.

[MrsD]

Re: Catalogue agreement advise please

the catalogues are notoriously bad at any kind of paperwork. Yours is too late to be UE for the usual reasons but it could still have bolloxed paperwork.

I would start with a formal CCA request and see what you get back send to Lowells, it'll also keep them busy for a while http://www.all-about-debt.co.uk/old/...lst-in-dispute

and welcome to AAD, we don't question anyone's reasons for checking that a debt is lawful or asking for help in dealing with the very rapacious financial industry, we're just here to help out.

[sourcrates]

Re: Catalogue agreement advise please

Thanks Mrs D, that was my next step, am just printing out now, and will see what they send back to me.

cheers

[Riz]

Re: Catalogue agreement advise please

Question, if Lowell`s/kays fail to provide a copy of agreement pertaining to the account they say I owe, is the account still unenforceable until such time as an agreement is produced ? is this still applicable ?. Im not trying to dodge the debt, just wanting to create a little breathing space, but with lots of conflicting info out there im unsure of my position.
thanks guys.

Unenforceable under s78 until they produce something that does actually relate the the account in question. Doesn't have to be a signed copy, digital signature/tickbox or otherwise, but must provide the information required under s78. In theory should not be difficult to comply with, but as said, catalogues were crap at keeping records.

[sourcrates]

Re: Catalogue agreement advise please

Update,

Well there have been some developments on this, I CCA`d Lowels and they sent me a signed copy of account agreement, so fair enough, however, half the balance they are claiming is made up of buynowpaylater items, which attracted interest, and were usually sent with separate agreements, which I never signed, the copy they sent states interest at 0%, my question is this, surely this agreement cant apply to the BNPL goods, can it ? they would need separate agreement's showing interest rates etc am I right?

[Never-In-Doubt]

Re: Catalogue agreement advise please

BNPL attracts a new agreement, yes.
Your agreement will be UE all the way - most likely

[Never-In-Doubt]

Re: Catalogue agreement advise please

I'd await their next letter then let me know and if I get a chance I'll sort a suitable response for you

[sourcrates]

Re: Catalogue agreement advise please

I'd await their next letter then let me know and if I get a chance I'll sort a suitable response for you

Nice one, thanks will do !!

[sourcrates]

Re: Catalogue agreement advise please

Update, Lowells have replied stating that shop direct have said I would have had to have ticked a box online to agree to there terms and conditions in order to get BNPL goods and therefore the agreement they sent me stating 0% APR is sufficient for the whole balance, this cannot be right surely ?

[Never-In-Doubt]

Re: Catalogue agreement advise please

It's a half hearted typical bull shit response. Ignore this. Keep us updated

[sourcrates]

Re: Catalogue agreement advise please

Any advice on my response at all ?

[SaltnVinegar]

Re: Catalogue agreement advise please

Just to consider a tangent argument was your account ever handled by NDR?

If so did you ever attempt to come to a payment arrangement and place this in writing?

Best
SnV

[sourcrates]

Re: Catalogue agreement advise please

Just to consider a tangent argument was your account ever handled by NDR?

If so did you ever attempt to come to a payment arrangement and place this in writing?

Best
SnV

Yes, but was online, not in writing, they would not accept my offer hence sold to Lowell

[MrsD]

Re: Catalogue agreement advise please

I would just do as Niddy says and ignore and see what they do next.

[SaltnVinegar]

Re: Catalogue agreement advise please

Yes, but was online, not in writing, they would not accept my offer hence sold to Lowell

Hi Sourcrates

Ok, thats a start. Do you have any letters from NDR stating that they would apply an administration charge because (wording is important), because they could not contact you by telephone, or because you had not made an arrangement to pay.

I would just do as Niddy says and ignore and see what they do next.

Reason I asked Mrs D was because if the answer to the above is yes then I have successfully managed to get Lowells to write off SD accounts on the basis of charges applied for those reasons because I argued they were unlawful as untrue. Its just something else to have to support a UE argument the next time they write