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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need advise on whether or not to go forward on disagreeing

Resolved Question:

I need advise on whether or not to go forward on disagreeing with a debt that I don't think I owe. About 7 years ago Very.Co.UK offered me an offer of spend £100 now pay next year, did it once, didn't work, did it again didn't work, up to £200, then I rang them, they stated I wasn't eligible as I wasn't a member for 6 months only 5 months, they did not state this anywhere on the email or letter they sent me offering me this deal. I reluctantly paid for the items I received equalling £200 odd. They then added interest as they expected the money straight away I couldn't pay it in one. This debt has gone to 855.94 including court fee solicitors and more interest, I have until Thursday to reply to court letters. I want to fight this as I don't believe I owe it them as they should not of sent me the offer. But I need to know whether it's worth the fight as I'm very reluctant to pay anything to them.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
To confirm you chose to make purchases of £200?
Alex
Customer: replied 2 years ago.

The special offer this catalogue sent me via letter and email of which I still have, was spend £100 and pay next year. I went ahead after both me and my father read the terms and conditions and small print. It didn't work and didn't process, I tried again and it ended up equalling to £200 which they immediately wanted, I rang them and was told I wasn't eligible as I'd only been a member for 5 months instead of the needed 6 months which wasn't stated anywhere. I paid for the items I received which was £200 I have all the statements from them regarding this. As I couldn't pay in full they added interest after interest, after paying the £200 the debt was around £400 just interest. I refused to pay and now equals £699.49, they have now sent me court letters demanding 885.44 which includes court fee solicitors cost and statutory interest. I do not believe I should pay any of this.

Customer: replied 2 years ago.

So yes I chose to make purchase of £100 originally because the process didn't work I did it again resulting in a double amount so I told them after I would pay for the items of £200 no more.

Expert:  Ash replied 2 years ago.
I dont understand, you gave paid the £200?
What is the balance for?
Alex
Customer: replied 2 years ago.

I paid just over £200 for the original debt owed. what do you mean what is the balance for? A debt.. Interest on an offer that a catalogue should not of sent me and now demanding 4 times the amount back including court fee and solicitor fee.

Expert:  Ash replied 2 years ago.
Yes forget that for a moment. You accept you spent £200 even if you were not entitled to the offer.
Do you accept that if you had been eligible the interest etc would have been charged?
Alex
Customer: replied 2 years ago.

Yes because they demanded the money and wouldn't listen to me when I said I shouldn't pay it. So had to pay it. Well no I don't accept I would of been charged interest because the offer was buy now pay next year with no interest. If I was eligible I wouldn't of paid any interest.

Expert:  Ash replied 2 years ago.
When did you last make a payment on this debt ?
Customer: replied 2 years ago.

About 5/6 years ago when I paid towards the £200, haven't got the papers in front of me. But I refused to pay the interest they were adding up. So nothing since then

Expert:  Ash replied 2 years ago.
Can you check the date?
Alex
Customer: replied 2 years ago.

Last payment was made 13 September 2011. For £1 which was agreed payment plan at time, but they kept adding interest during this so was going up £30 each time I made payment. This all started April 2010.

Expert:  Ash replied 2 years ago.
Have you paid the £200 you seem to accept you owe?
Alex
Customer: replied 2 years ago.

Yes I paid that for the items but as I was paying with a payment plan they added interest every month so the debt was flying up while paying so I gave up. I only accepted I owed it as I wanted the clothes that equalled the £200

Expert:  Ash replied 2 years ago.
Ok, you can refuse to pay the balance. They can then either write that sum off or pursue you in Court. If they take it to Court it would be a small claim and very informal. Even if you lose there are not legal fees they can claim.
You can ask them to prove you were eligible for the offer and that they were entitled to charge interest and fees. From what you said they can not and therefore may well lose.
But it would be a small claim. You do not need to do anything at this stage.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

So to clarify you think it may be worth refusing as they will most likely lose?

Expert:  Ash replied 2 years ago.
I think it may be worth refusing and have a shot in Court.
Alex
Customer: replied 2 years ago.

Ok brilliant. As I stated I received court letters on them it says if I want to refuse the full claim to fill out and send the acknowledgement of service form then within 14 days of that send my defence, statement, evidence etc, is this correct? They said if I ignore it and do nothing I'll be blacklisted basically stopping my future credit.

Expert:  Ash replied 2 years ago.
Correct. If you admit the then you should use the form and say so.
The other side will then decide whether to continue and seek a trial of the balance.
Even if you lose at court and you pay any court judgment within. 28 days it is cancelled and no blacklist.
Does that help?
Alex
Customer: replied 2 years ago.

Yes that's brilliant. Thank you so much, weight of my shoulders. Finally someone helped me

Expert:  Ash replied 2 years ago.
Great.
If this does answer your question can I ask you to rate my answer before you go, the button should be at the bottom of the screen
If you need more help please click reply.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

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