Unenforceable CCA with Very catalogue, help needed

[Bluemaiden123]

Hi I'm new to all this but here goes

I'm 26 and like a lot of people made some silly decisions with regards to debt. Thankfully my situation isn't TOO bad and an end is in sight.

I have an account with Very in the region of £4,300 an overdraft with lloyds for £2,400 and a loan with lloyds for around £3,100. I started a DMP in September of last year and the rate this is going I will be debt free by 2014 (not that bad I know). Saying that, I would still much rather be paying the 300 a month I currently pay CCCS into a savings account for a deposit on a house get me and my 2 young daughters into a house in a nice area.

Ifi could get my Very account cleared I could offer lloyds a full and final settlement with a small payment my dad is able to afford to give me.

I requested my CCA from Very in August of last year. I received it but after reading a forum on money saving expert decided not to bother to do anything about it. The forum basically said that even if you had not signed a CCA companies had now found loopholes and always found ways of getting the money back.

The letter I received from Very said "they had enclosed a re-constituted copy of my CCA". The account was opened in December 2006. I would really appreciate any help and a point in the right direction of the correct template would also be great.

Thanks for taking the time to read this.


Very account - Balance approx £4300
Previously Additions - set up in December 2006
Last paid myself - Aug 2011
Last paid through DMP with CCCS - Dec 2011
Account status - AP
Now passed to NDR
2011
July - Sent CCA request
Aug - Received re-constituted CCA and T&C's - Niddy says UE
Sep - Stared DMP with CCCS (plan to cancel soon)
Sep- Received letter from Very £936 in arrears pay immediately
Oct - Received letter from Very £936 in arrears pay immediately
Nov - Received letter stating account passed to NDR contact them immediately
2012
Jan - Checked account online added nearly £900 in interest and charges since Sept
Jan - Rang NDR who agreed to stop any further interest or Charges
Jan - template letter sent to NDR re: UE
Feb - letter received from Very ( Shop Direct Finance) stating they have satisfied my request re: re-constituted copy of CCA

Lloyds loan - Balance approx £3100
Set up in 2008
Last paid myself August 2011
Last paid through DMP with CCCS - Dec 2011
Account status - AP)
Sep 2011 - Started DMP with CCCS
Oct 2011 - received letter from lloyds stating arrears of £500 now due
Nov 2011 - received letter from lloyds requesting arrears again
Jan 2012 - next step, stop payments for next few months and hope they sell on the debt

Lloyds overdraft - Approx balance £2,500
Set up in 2004????
Last paid myself - August 2011
Last paid by CCCS - Dec 2011
Account status - AP
Sep 2011 - Started DMP with CCCS
Oct 2011 - received letter must pay funds into account
Jan 2012 - received letter stating they have upped my overdraft to £2,650 which is obviously to cover the extra chargs they have added on
Jan 2012 - next step, stop payments for next few months and hope they sell on the debt
April 2012- received 4 letters DEFAULT???

[Never-In-Doubt]

Re: Unenforceable CCA with Very catalogue, help needed

If you email me the agreement as is then i'll confirm one way or another if it is enforceable or not for you. However regards to Lloyds, why bother with those if you're not playing ball with Very?

You do realise that if you try and drop Very from the DMP you'll have to cancel it and start again as DMP firms do not like or believe in unenforceability.... it may be worth sending a CCA to all accounts you have then lets check them all out.

However you must not be banking with Lloyds as they will use set-off so if you bank elsewhere you'll be fine.

Can you in the meantime please provide this info ---> allaboutFORUMS - View Single Post - Unenforceability Diaries - Read me First! and then we'll be able to help, also email me the agreement and terms etc you were sent ---> agreements@all-about-debt.co.uk

Niddy :niddy

[Bluemaiden123]

Re: Unenforceable CCA with Very catalogue, help needed

Both overdraft and loan with lloyds were set up after 2007 so I didn't think there would be anything I could do with regards to those?????

I wasn't aware that I would have to cancel my DMP but so be it if that's what I need to do. Thanks for the info.

I don't have access to a scanner, is there any other way I can get a copy of the CCA and T&c's to you Niddy?

[Never-In-Doubt]

Re: Unenforceable CCA with Very catalogue, help needed

Both overdraft and loan with lloyds were set up after 2007 so I didn't think there would be anything I could do with regards to those?????

I wasn't aware that I would have to cancel my DMP but so be it if that's what I need to do. Thanks for the info.

I don't have access to a scanner, is there any other way I can get a copy of the CCA and T&c's to you Niddy?

Ahh thats a bummer, yes you're right - not much you can do with them however why pay so much? Stop paying and save a larger sum to which we can then get them to accept an offer - much cheaper than a DMP. Yea means you do need to go quiet for 3-6 months so they sell it to a DCA but then we go in and make silly cheap offers to try and get the DCA to bit (as they purchase debt for approx 12p in the £1)......

Hope this makes sense.... If I was you, I would stop paying and then wait 6-9 months and with all those £300's you would have a couple of grand, enough to try and make a reasonable offer with.

That is what I would do.......

Regards to getting a copy over to me, take a photo on your phone and email that? Use a camera.....?

[MrsD]

Re: Unenforceable CCA with Very catalogue, help needed

and the very account could be UE.........................

[Never-In-Doubt]

Re: Unenforceable CCA with Very catalogue, help needed

and the very account could be UE.........................

will be

I already know it is from the description given

[Bluemaiden123]

Re: Unenforceable CCA with Very catalogue, help needed

Thanks for that, great advice. Never even considered that. So do you suggest I just ring and cancel my DMP with CCCS? Im about to leave for work but will email copy of CCA and follow the link given previously and give you all the information in the morning.
Thanks again, speak soon.

[Never-In-Doubt]

Re: Unenforceable CCA with Very catalogue, help needed

Thanks for that, great advice. Never even considered that. So do you suggest I just ring and cancel my DMP with CCCS? Im about to leave for work but will email copy of CCA and follow the link given previously and give you all the information in the morning.
Thanks again, speak soon.

Hiya

Yep ring and cancel and state that you're considering unenforceability - they'll understand as they are used to it.....

I think that sounds the best course of action and it's what I would be doing...... why not? They won't take offers until they've sold it and Lloyds are quite good at selling dormant debts quite quickly.....

Nights eh? Bummer..... I'll be here all night working away so whenever you get time, pop me an email and I will check the paperwork for you

[Paul.]

Re: Unenforceable CCA with Very catalogue, help needed

Hi I'm new to all this but here goes

I'm 26 and like a lot of people made some silly decisions with regards to debt. Thankfully my situation isn't TOO bad and an end is in sight.

I have an account with Very in the region of £4,300 an overdraft with lloyds for £2,400 and a loan with lloyds for around £3,100. I started a DMP in September of last year and the rate this is going I will be debt free by 2014 (not that bad I know). Saying that, I would still much rather be paying the 300 a month I currently pay CCCS into a savings account for a deposit on a house get me and my 2 young daughters into a house in a nice area.

Ifi could get my Very account cleared I could offer lloyds a full and final settlement with a small payment my dad is able to afford to give me.

I requested my CCA from Very in August of last year. I received it but after reading a forum on money saving expert decided not to bother to do anything about it. The forum basically said that even if you had not signed a CCA companies had now found loopholes and always found ways of getting the money back.

The letter I received from Very said "they had enclosed a re-constituted copy of my CCA". The account was opened in December 2006. I would really appreciate any help and a point in the right direction of the correct template would also be great.

Thanks for taking the time to read this.

Most important question seems not to have been asked here which is "Did you sign any documents when you opened this account?"

Secondly, did you open the account online? as online agreements could be concluded in 2006 by simply ticking a box on an internet webpage

[Never-In-Doubt]

Re: Unenforceable CCA with Very catalogue, help needed

Most important question seems not to have been asked here which is "Did you sign any documents when you opened this account?"

Secondly, did you open the account online? as online agreements could be concluded in 2006 by simply ticking a box on an internet webpage

SDG never ask you to sign mate, they usually sent the agreement about 2 statements in and most people never signed them - they (SDG) usually send a few more but if you ignore them they'd stop asking you to fill one in). That was how it used to work, including 2006/7/8.

Catalogue was opened in 2006 - will confirm whether it was opened online or not once the agreement comes through! I don't ask people all the time as it was over 6 years ago - however it is a valid point, and one we'll know the answer to very soon....

[Paul.]

Re: Unenforceable CCA with Very catalogue, help needed

SDG never ask you to sign mate, they usually sent the agreement about 2 statements in and most people never signed them - they (SDG) usually send a few more but if you ignore them they'd stop asking you to fill one in). That was how it used to work, including 2006/7/8.

Catalogue was opened in 2006 - will confirm whether it was opened online or not once the agreement comes through! I don't ask people all the time as it was over 6 years ago - however it is a valid point, and one we'll know the answer to very soon....

theres a saying in our profession

assumptions are the mother of all fcuk ups

never assume anything even if you know the answer

[Never-In-Doubt]

Re: Unenforceable CCA with Very catalogue, help needed

theres a saying in our profession

assumptions are the mother of all fcuk ups

never assume anything even if you know the answer

I know, I know.......

[pompeyfaith]

Re: Unenforceable CCA with Very catalogue, help needed

could warm my feet on those they so hot lol

[Never-In-Doubt]

Re: Unenforceable CCA with Very catalogue, help needed

could warm my feet on those they so hot lol

That was a Niddy spank mate



* I should know better and totally forgot to ask

[Bluemaiden123]

Re: Unenforceable CCA with Very catalogue, help needed

Hi I have taken pics on my I phone but the only way I can send them as an email is to select the picture first and then type in recipients address. Could you give me your email address so i can forward it that way rather than using the links please.

I honestly can not remember whether I applied on line or not, will you be able to tell from the CCA?