Tigger69 UE Diary

[Tigger69]

:hello My first post, so just wanted to say Hi and thanks for being here.
Going to spend my next couple of visits looking round and then I might actually manage to get my head straight enough to post.

[Never-In-Doubt]

Re: Newbies | General Chat Thread

Tigger, littlewoods (SDG) by any chance?

Hi by the way!

[Tigger69]

Re: Newbies | General Chat Thread

Hiya
Yep your right, unfortunately I've got 3 of the set

[Never-In-Doubt]

Re: Newbies | General Chat Thread

Tell me more.... 99% of the time you got goods prior to agreement so if you never signed - cool. If so, chances are it's not lawful - they never are!!

Tell me more......

[Tigger69]

Re: Newbies | General Chat Thread

Oh where to start. Ok I'm going skip the soap opera script of the how and why we got into this mess and just dive in with one catalogue at a time. I'll try to give you the basics as briefly as I can so if I miss anything just let me know.
Firstly Kays, I had been paying token payments for months until, recently when due to stress adversely affecting my health condition I offered a small percentage of the balance in a full and final settlement letter, which surprisingly has been ignored just like the majority of other letters I have sent to both NDR and Kays. Although last weekend I did receive 29 separate fixed sum loan agreement letters and 1 running account letter, all headed Default notice.
I did a CCA request in October 09, to which they replied with 1 signed fixed sum loan agreement, dated December 2007, all the purchases on this agreement have been paid for. The covering letter states the account was opened in December 2001. No other credit agreements have been received from Kays.
I am at my wits end with Shop Direct, they are fully aware of my circumstances and that this situation is due to circumstances beyond my control. I wish I could simply pay off the balance but that is impossible and I don't know what else to do. They have refused to stop charging interest and continue to add charges as and when they please. I have also refused to answer their numerous phone calls as they, to be blunt have lied and said that payment arrangements have been arranged, going as far as to say that I made a payment arrangement through National debt line and have defaulted on that arrangement also, which although I have had contact with National debt line no payment arrangement was made as they don't contact creditors on clients behalf as far as I am aware and even if they did, the letter from Kays was the first I'd heard of it.

If I've missed anything you want to know please tell me, my health condition and the meds I need leave me in permanent dozey mode at the best of times.

[Never-In-Doubt]

Re: Tigger69 UE Diary

Hiya

Was this a loan or a catalogue account with Kays? Thing is, you would only have one agreement and this would not be fixed sum (that is s.77/Loan)...... you would have a s.78 Revolving Credit agreement for a catalogue account.

Also, back in 2001 you would not have signed an agreement, that is impossible so they will have recreated it using a signature from another source (i.e. cut/paste job) - let me take a look at this agreement....

You need to see this, and provide the info requested (thanks): ---> viewtopic.php?p=6789#p6789

[Tigger69]

Re: Tigger69 UE Diary

Thanks Niddy. Its a catalogue account
Sorry will need to send you a copy of the credit agreement later, the scanner and I don't have a working relationship so need my hubby to scan you a copy, the copy I have saved has been blacked out in parts.

[Tigger69]

Re: Tigger69 UE Diary

Kays Catalogue

Type of account: Catalogue
Opened: 28/12/2001
Approx: balance £2226.00
Last full payment ?? Will have to check exact date but over a year ago June 09 approx
5 Stopped token payments in September,
Status: Default 31/01/11
Account owner: NDR
Lowells 7/02/11

4/12/10 - SAR sent recorded delivery
30/12/10 - Acknowledgement of SAR received today, (dated 24/12/10)
- Received 20/01/11
18/02/11 - Letter from Lowell Portfolio, Debt sold to them on 7/02/11
24/02/11 - Debtors final response- No CCA received letter sent on 24/02/11
9/03/11- Credit file alert- Lowells placed default 31/01/11
3/05/11 Letter from Lowells, Kays have no CCA, Lowells have closed their file. Thanks Niddy
9/06/11 Letter from Lowells. They have written off the balance! Thank you Niddy

[Tigger69]

Re: Tigger69 UE Diary

Credit agreement sent to you Niddy. I'm off to [-O<

Hello Niddy.
Just want to check you got the credit agreement ok? I know your busy, just wanted to check I'd done it right before I start on the other two?
Thanks

[Never-In-Doubt]

Re: Tigger69 UE Diary

Kays Catalogue

Type of account: Catalogue
Opened: 28/12/2001
Approx: balance £2226.00
Last full payment ?? Will have to check exact date but over a year ago
5 Stopped token payments in September,
Status: in arrears ( although credit reference agency report says only 3 payments behind, account query, special arrangement)
Account owner: NDR

Hiya

I am confused, totally and utterly confused. That thing you sent me, who filled it in? Is it your handwriting/your signature?

Reasons of confusion:

1. Its fixed sum
2. They list the items you bought
3. Its dated 2007
4. Its for £375

Please clarify.

[Tigger69]

Re: Tigger69 UE Diary

Niddy sorry but that is what they sent me in response to my CCA request! My balance is actually £2226.00, which they also confirm in the covering letter they sent with it. Can send you a copy if you want to see it. No other credit agreement from Kays
Yes it is my handwriting and signature, so I presume they must have sent it in the post after I received the items listed and asked me to fill it in and return it.
Should their be one credit agreement for the complete catalogue account and then additional credit agreements for orders taken say on extended terms for example? Also taking in to account the 29 fixed sum loan letters headed default notice + 1 running account I received last weekend. If legally they have to have separate credit agreements then maybe I need to pay £1 for each credit agreement? Sorry if I am being totally dim here but I am also totally confused and just trying to find a explanation.

I was thinking of sending another letter asking for the credit agreements which correspond to the ??? default notices?? ...can send you an example of the fixed sum and running account letter I received also if you think it would help.

Thanks again Niddy really appreciate any help or advice you can offer

[Never-In-Doubt]

Re: Tigger69 UE Diary

Hmmm,

I'm confused lol. Ok, I think you need to SAR them as a whole, which will supply you everything. Lots of work for you, to filter through it all, but I need accurate accounts - so we need to original agreement when you opened the account. The subsequent agreements you are signing seem to be fixed term Buy now pay later (BNPL) agreements which are all well and good, but how can they differentiate payments - ie what amount would be paid into what account/element of s.77?

Basically, send this and get EVERYTHING they hold about you: ---> viewtopic.php?p=2312#p2312

[Tigger69]

Re: Tigger69 UE Diary

Hi
Oh goody lots of work Least hopefully Christmas will be out of the way by the time they reply.
Will send off the advanced SAR letter recorded delivery asap.

but how can they differentiate payments - ie what amount would be paid into what account/element of s.77?

It might say something on the back of the statements, will have a look and let you know.

Thanks

[Never-In-Doubt]

Re: Tigger69 UE Diary

Hiya

Ok, try and provide me with as much as possible. I can't see why they send you a new agremeent when you're using the element of your credit limit. Put simply, please confirm, did you have a limit (ie £2000) and then purchase goods on BNPL meaning your limit of £2000 was the same with a new agreement and limit for the BNPL goods or was the goods deducted from the limit? ie you spend £250, so your balance drops to £1750?

Please advise

thanks

[Tigger69]

Re: Tigger69 UE Diary

Hiya

Ok.. Credit limit/available to spend was reduced by BNPL and extended terms.

Back of the statement states:


Your shopping account
If you don't pay the total outstanding balance of your account in full by the payment due date, we will apply the amount you do pay to reduce what you owe in the following order:
1 Insurance premiums (PP first)
2 Default charges and service charges on the account
3 Arrears
4 Reduce the outstanding balance on purchases

Extended Terms
If you have extended term agreements as well, after paying the amounts referred to in 1-3 above, we then proportionally split the remainder of your payment across your shopping account and extended Terms based on the required payment due on those accounts. If there is still some remaining payment because you have paid more than the "payment due", we will apply this to reduce any outstanding balance.