Like a lot of people in this country, we (we being my other half!) have a catalogue (Kays) where (for those that don’t know) you order what you want/need then pay for it over a number of weeks. The prices are above average but if you haven’t the cash up front, offers an easy way to get into debt!!!
Having missed a couple of payments due to more important unforeseen circumstances we (my other half) received a Summery (statement) dated 6th October asking for the arrears and next payment to be paid no later than 27th October… which we did.
On the 7th October a letter from the Arrears Collection Department arrived informing us that our account is in arrears by £250 and to pay straight away, also the next payment is due by 27th October.
Another computer generated unsigned letter was received from the ACD on the 24th October stating that they have tried to contact us on numerous occasions about the arrears and payment is “seriously overdue”. Bloody hell, that sounds bad … but hang on a minute, we’ve already paid, phew no worries there then.
Reading on they say that it is essential that we make a payment to prevent further action … but we’ve paid!!
Reading further they state “As a result we have applied a £12 administration fee on to your account due to the (and get this) substantial amount of effort I have made in trying to contact you.” … BUT WE’VE ALREADY PAID!!!!
WTF — they sent one letter asking for payment which they received and then sent another AFTER WE PAID.
Substantial amount of effort my arse … this is a con … even fraud?
My other half said leave it, we (she!) was in the wrong for missing payments in the first place.
WHAT??? They are ripping the public off with ridiculas reasons, banking on their attitude of “oh well, there’s nothing I can do about it”.
Well there bloody well IS something you can do about it!
NOTICE OF COMPLAINT:
Account No: **********
Thank you for your second (the first dated 07/10/2008 ) impersonal computer generated unsigned letter dated 24/10/2008.
Through no fault of my own, in the past I failed to make payments on time and for that I apologise.
After receiving my SUMMARY dated 06/10/2008 inviting me to make a payment of £323.22 no later than 27th October 2008 — which was duly paid by myself in full on that date, you can imagine my distress in opening the last letter from yourselves and finding that my payment is “seriously overdue”.
My payment is not seriously overdue, it is pleasantly paid.
However, that matter as stressful as it is, is not the reason for this letter. It is FAR more serious than that.
It seems that your organisation is following in the footsteps of the Banks by using your customers financial difficulties as a profit making scheme — SHAME ON YOU INDIVIDUALS HIDING BEHIND THE NAME “KAYS”!!!
You state that:
“we have applied a £12 administration fee on your account due to the substantial amount of effort I have made in trying to contact you”.
Could you please state what extra effort above your normal working effort (which I assume you are paid handsomely for) you had to apply in order to contact me. Is two computer generated letters (the second sent prematurely!) really considered by “Kays” as a “substantial amount of effort”?
I, and all other right thinking people would say not.
Kays must be making a tidy profit by executing this seemingly fraudulent practice against their unsuspecting loyal customers.
Again, shame on you.
I now require that you subtract the disproportionate “substantial amount of effort” charge from my account balance within 7 days of the date of this letter. Failure to do so will result in the application of my own fee (a schedule of charges can be sent on request), for this and any future letters that really do take time and effort to compose.
I trust that common sense and fairness will prevail in this very serious matter.
We received a reply on the 26th November stating that the charges were applied as the minimum payment has not been paid every 28 days as required.
I thought it was because of the substantial amount of effort … we was actually charged twice!
We also received another letter, a Notice of Default Sums under the Consumer Credit Act 1974, where they state that a “default charge” will be added to our account under the terms of our agreement as we have breached them.
So, we have broken the terms of our contract have we?
REQUEST FOR COPY OF ALLEGED CREDIT AGREEMENT UNDER SECTION 77/78 OF THE CONSUMER CREDIT ACT 1974:
Account No: ********
Dear C North,
Thank you for your letter dated 26/11/2008.
I do not acknowledge ANY alleged debt to your company.
I am very disappointed that you chose to ignore the main points of my letter of complaint concerning your unfair, disproportionate, profit driven campaign of greed toward your poorer customers. Your loyal customers who are already suffering appalling financial difficulties due to the mis-management of our country by the individuals that make up our treasonous government. I enclose a second copy for your reference (free of charge).
As you have claimed that I have broken an alleged credit agreement I now ask you to prove that unsubstantiated fact and require that you supply the following documentation before I will communicate further on this matter.
1. You must supply me with a true and signed copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for rolling sum credit) – your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number *****************.
2. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
3. Non-compliance with my request is a criminal offence under the above Act and WILL result in a report being submitted to the relevant statutory authorities.
4. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
5. Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce any alleged agreement in law.
As stated previously, my letters really do take time and effort to compose, therefore my fee for the two totals £35 each. Further letters will incur the same cost. Please donate my fee(s) to the Children in Need charity, details of which can be found on the internet.
A reply was received 08/01/2009.
I used my webcam to copy it so the pictued quality isn’t too good:
The first sentence of the second paragraph made me grin when I read it.
WE DO NOT HAVE AN EXECUTED AGREEMENT WITH THEM! (no contract)
This then means that they have been a bit naughty in adding amounts to our account using our non existent “agreement” as the excuse.
To be continued…