default notice

[rk2005red]

I opened a catalogue account in 1990. In 2008 i asked for a copy of the consumer credit agreement (running credit account). I'm not sure if i signed one or not, but the Shop Direct Group have said they cannot locate it. All they have sent me is a fixed sum loan agreement which is dated 11/2005. This is 15 years after i opened the account. I personally don't think there is a credit agreement.
In the meantime i have made no payments informing the Shop Direct Group that while there is county court proceedings underway the account is in dispute.

I have a directions hearing on the 7th April, but in the meantime i have received a default notice demanding the sum of �547 by the 1st April. They have threatened me with further action if i don't pay.

My question is - is there a big difference between a fixed sum loan agreement & a running credit agreement. Can the catalogue company issue me with a CCJ. Any advice on what to to do in the meantime about the default notice. I don't have �547. I intend to raise the issue of the default notice at the directions hearing on the 7th April.
Any help or advice would be much appreciated.

[factor-fiction]

Are you hoping to show that the debt of �547 isn't a valid debt and can be ignored on the basis that you don't think you signed a credit agreement in 1990?

[rk2005red]

I have requested from the company (Shop Direct Group) a copy of the agreement. They have not supplied a copy. Legally they have to supply a copy under the Data protection Act (Its the law).
Its irrelevant whether i can or can't remember if i signed an agreement. I usually keep all paperwork. I personally don't have a copy of the agreement & if the company can't locate it as they have already stated then there isn't one.

[factor-fiction]

Okay, so I'll rephrase my query so I can be clear I understand.
Are you being taken to court for an unpaid debt of �547 and are you hoping to show that the debt isn't a valid debt on the basis that the company has been unable to produce a copy of the credit agreement from1990?

[R1Geezer]

The paper work is irrelevant. You would have signed something or you would not have been able to order. So are you saying that you don't owe the money? are you in someway saying it's not your debt?

Do you owe the money? Then pay, if not fight it.

Did you stop paying because you thought that some technicality or other would enable you to welsh on paying?

[rk2005red]

I think this case is too complicated for you. & no i'm not trying to get out of paying. I have asked the company for agreements or anything i have signed. I am entitled to that info under the data protection Act as is everybody including you.
The company have confirmed in writing they have no agreement etc. I'm no different to a lot of other people in this country. I'm legally entitled to challenge the debt if their is no credit agreement in place. I had a payment plan in place with the help of the C.A.B.. The shop direct group tore it up demanded 4 times the payment each month.
Since then they have been playing dirty. Why can't i play dirty. One rule for one person and another for me is it?
All catalogues should issue a credit agreement when the account is opened. not my fault if the don't. If catalogue companys or anyone else does not issue a CCA thats the fault. They have to live with it if it gets challenged.
Thanks for the answer, but it don't really answer my question.

[R1Geezer]

No it's very simple you had goods on tick and dont want to pay for them, can't get much simpler than that!

errr why are they playing dirty, you owe them! If anything you have welshed on the debt, that's pretty dirty. You don't seem to dispute that yet it is somehow them getting out of order! You really need to look at the facts, you owe the money and yet you seem to think it's your right to try and get out of paying. Do not be surprised if no one will lend to you again. Forget the paper work, you owe the money end of. Look up the word "Honour" in the dictionary.

[rk2005red]

oohhhhh, who's got out of bed the wrong side.
Touchy are'nt we. You know nothing about credit agreements, Data protection Act, the law or anything. You just on this site to cause trouble..
Go and harass someone else you little child.

[R1Geezer]

I know all about them. The paper work you refer to are evidence of an agreement not the agreement itself. Look up what a contact actually is.

The absence of paper work is a technicality, I'm talking morally, If a friend lent you the money presumably you'd repay them without trying to use every trick in the book to avoid it.

Will you at least acknowledge a debt exists?

If you don't pay this you'll end up with a bad credit rating and then credit won't be an issue.

[pink-kittens]

but rk2005red if you answered the questions you would get help. You have been very rude where people are trying to help

It is my opinion that you are tryng to use the fact that., until recently, people with a CC didnt ever actually sign a credit agreement therefore making the chasing of any debt unlawful.

Have you actually been making any payments towards your debt? If you have already aknowledge the debt (which you have as you went to the CAB) then tough, you will now have to pay or face the conequences. Regardless of whether 'they' tore up the agreement, you could still have made regular payments of the amount you offered.

As it is if you continue to be rude you'll get no more help here

[pink-kittens]

oh and yes, you will eventually end up with a ccj against your name

[gentleman]

Be very careful on this subject of loan.

Any loan taken out and once it has been acknowledge as a loan by starting to make payments of any sum be it a pound or a penny in the eye of the judge you accept you owe the person money and repayments are being made. Paperwork are of no consequence in court a judge's decision is final.