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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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8 years ago I opened an oxendales clothing account and a shoe

Customer Question

8 years ago I opened an oxendales clothing account and a shoe tailor account which I now know to be sister companies. In 2011 I was contacted by them as I had fallen into arrears which was because I had not received statements for some time. I explained this to the lady on the phone and she said that there system showed they had been sent out. Then she took me through some security questions before I could make a payment it was at this point she said I couldn't make a payment as the address I gave them was not the address they had on the account. I explained the only other address they ever were given was my fathers (my previous address) which apparently was also wrong. She could not tell me the address they had and as a result they would not let me make a payment. This continued for 18months and meanwhile they were adding interest and charges and charging me for sending statements I never received. Eventually I was contacted by a debt management company. (at the address oxendales and shoe tailor were saying was an incorrect address). They say that I now owe in the region of £400 on each account. I have been argueing paying it with them now for over a year and they say I owe it as I didn't give them a change of address, they don't seem to understand I never changed my address my correspondence address never change. Do I have to pay these charges as it seem to me it is there cock up I couldn't pay for 18 months?
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Did you sign any terms and conditions? If so did they say they could levy charges please?
JACUSTOMER-m1e6znvu- :

When I signed up it was online im not sure if I agreed to there terms and conditions but I have been online and looked at there terms which are as follows.

JACUSTOMER-m1e6znvu- :
Terms and conditions
1. This agreement is made between us, being the company stated overleaf, referred to in this agreement as "we", "us" and you, the customer, described overleaf referred to in this agreement as "you" and "customer".
2. We can terminate this Agreement (subject to giving you notice under the Consumer Credit Act 1974) immediately if you are in breach of the terms of the Agreement. We may also terminate it on 2 months notice in writing. You can cancel the Agreement at any time free of charge by giving us one month's prior notice. You can do this by writing to us and repaying your outstanding balance in full.
3. We can suspend, restrict or terminate your right to draw credit at any time for any objectively justified reason. If we do so, we will write to tell you before or immediately after such suspension, except where we do not have to do so by law (for example if doing so would prejudice the prevention of a crime).
4. If you have difficulties in making payments you should contact us as soon as possible to discuss payment arrangements.
5. Payments received by us in respect of this agreement will be applied in the following order: (i) payment of all charges for administration costs shown on the latest and any previous statement; (ii) payment of all credit charges shown on the latest and any previous statement; (iii) payment of all payment protection insurance premiums shown on the latest and any previous statement; (iv) towards payment of the purchase price of all goods and/or services shown on any previous statement; (v) towards payment of the purchase price of all goods and/or services shown on the latest statement.
6. If you fail to make a payment (including if any credit or debit card payment is rejected, any cheque you submit is dishonoured, or a direct debit is not paid) and we or someone acting for us have to remind you, we reserve the right to make a reasonable administration charge. The current charge is £12.00 but this is subject to variation. You will be given reasonable notice of a change in our administration charges.
7. If you fail to make any payment when it is due we can require you to pay the whole amount you owe us immediately after serving the notice required by law. If you fall into serious arrears we will consider alternative arrangements with you.
8. From time to time we may invite you to purchase goods and/or services with the option to defer repayments of capital as a buy now pay later option for a specified period ("BNPL"). Under this option credit charges will be applied from the date of purchase but you need not start to make minimum payments for those purchases until the date which we will notify to you when we invite you to use BNPL. The exact amount of any minimum payment still required will be shown on your statement. You are free to pay off the balance more quickly if you wish.
9. From time to time, we may, after giving written notice to you, allow you if you wish to omit to pay the minimum payment shown on your statement for the period we specify. If we do this, credit charges will continue to accrue under this agreement.
10. We reserve the right to vary any of the provisions of this agreement (including the APR, interest rate(s), charges and regular minimum payment) at any time by giving you at least 21 days' notice in writing.
11. If any provisions of this agreement are found to be invalid or unenforceable this shall not affect the other provisions of the agreement which shall remain in full force and effect.
12. The law of England and Wales will govern this agreement and this agreement is subject to the non-exclusive jurisdiction of the English and Welsh Courts. The contractual terms and conditions and other information (if any) relating to this agreement shall be supplied in English and we undertake to communicate in English during the duration of this agreement.
JACUSTOMER-m1e6znvu- :

I notice it says that they will put charges on for late payments which I understand but as it was them that wouldn't let me make a payment isn't it there fault?

Alex Watts : No they can not charge you. There is nothing in terms and conditions. Therefore you should or and do not have to pau
Alex Watts : pay
Alex Watts : Can I clarify anything for you about this today please
JACUSTOMER-m1e6znvu- : How do i go sorted as they are not lostening to me they jist leep insisting i pay it
JACUSTOMER-m1e6znvu- : What do i need to do as they keep insisting i pay it and it os really getting me down i have sent aeound 10 letters to them and it gets me no where
Alex Watts :

You could issue proceedings and seek a Court declaration.

Alex Watts :

You would need to complete form N208

Alex Watts :

The Court can then set the matter down and decide whether the fees are payable or not.

Alex Watts :

Does that help?

JACUSTOMER-m1e6znvu- :

yes that's a great help would it cost me a lot to do this?