Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder maggie Novitiate

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    Default NDR debt recovery

    I have had an account with Marshall Ward and have incurred administration charges etc;.This debt has now been passed to NDR.can i send for the DPA and the CCA agreement,with the payments of £10.00 and £1.00 respectively,to NDR,by recorded delivery,in the same envelope,or would it be best to post them seperately.,and would the account automatically be placed on hold ,or would I have to send a letter stating that the account is in disputeicon.?

    thanks Maggie

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  2. #2
    Basic Account Holder Worzel Novitiate

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    Default Re: NDR debt recovery

    Hi Maggie

    I believe that under the CCA you can ask for all statements that are held on file, therefore there is no need to send a DPA (if you are just after statements of course).

    As for the the 'in dispute' bit I believe this is from the date of your first letter that says you dispute the account - therefore make sure in the CCA or DPA you say that you dispute the amount owed.

    I've an account that has been passed to NDR and as yet they've failed to respond to a CCA Requesticon, so I'm not paying anything!

    I hope that helps, but read through a few other threads just to confirm what I believe to be right.

    Good Luck

    Worz

    I used to be a dummy, stuffed full of straw and standing in the field of life. And like the straw-filled dummy I was I accepted my lot in life and carried on, tied to a stake in the miserable field of depression as the elements beat me day and night. But there came a time when the elements had gone too far and the string holding me to the stake fell rotten to the ground. The elements had tried to beat me, but instead had set me free!
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  3. #3
    Basic Account Holder maggie Novitiate

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    Default Re: NDR debt recovery

    thanks Worzel.Will post cca tomorrow to NDR.
    Maggie


  4. #4
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    Default Re: NDR debt recovery

    Hello to the Consumer Action Group community, glad to be registered

    Hi Maggie need some help I am contacting you on behalf of a neighbor who is terminally ill with MS he has asked for help.

    I wrote to kays instructing them for the original agreement.

    They wrote back saying they were unable to .locate
    But enclosed a copy of the current agreement (blank agreement) which applied to this type of account
    They say according to there records the account was opened in July 04 and that my neighbor agreed to pay every 28 days

    I originally contacted kays when my neighbor received his first letter from NDR he then explained he had been receiving letters from kays but didn’t know what it was for so I contacted and spoke with a representative of kays to find out what the dept was for. She located the item and passed on the information. I asked my neighbor and he was unable to recall the item I told the operator at kays and asked for them to call me on my number for future correspondence
    I received no call after about 2 months my neighbor started receiving additional amounts with the original dept I called kays again and said that we would be happy to pay the original sum even though the customer has no recollection of the item I awaited a return call ……. 1 month later an additional sum with the dept.

    My neighbor has MS and was diagnosed in 1994 and struggles physically and memory loss kays have now passed on the dept to Moorcroft the original sum is around £80.00 the dept now is at approx £222 I would seriously value your assistance please please please help. He cannot afford to pay this dept and I feel he shouldn’t have to.



  5. #5
    Basic Account Holder sytra Novitiate

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    Default Re: NDR debt recovery

    Quote Originally Posted by xiwow View Post
    Hello to the Consumer Action Group community, glad to be registered

    Hi Maggie need some help I am contacting you on behalf of a neighbor who is terminally ill with MS he has asked for help.

    I wrote to kays instructing them for the original agreement.

    They wrote back saying they were unable to .locate
    But enclosed a copy of the current agreement (blank agreement) which applied to this type of account
    They say according to there records the account was opened in July 04 and that my neighbor agreed to pay every 28 days

    I originally contacted kays when my neighbor received his first letter from NDR he then explained he had been receiving letters from kays but didn’t know what it was for so I contacted and spoke with a representative of kays to find out what the dept was for. She located the item and passed on the information. I asked my neighbor and he was unable to recall the item I told the operator at kays and asked for them to call me on my number for future correspondence
    I received no call after about 2 months my neighbor started receiving additional amounts with the original dept I called kays again and said that we would be happy to pay the original sum even though the customer has no recollection of the item I awaited a return call ……. 1 month later an additional sum with the dept.

    My neighbor has MS and was diagnosed in 1994 and struggles physically and memory loss kays have now passed on the dept to Moorcroft the original sum is around £80.00 the dept now is at approx £222 I would seriously value your assistance please please please help. He cannot afford to pay this dept and I feel he shouldn’t have to.
    XIWOW, you would be better startting your own thread, that way answers wont get mixed up.

    A blank agreement is not a valid response to your request, they know that, they just hope you dont..
    try sending this but amend to suit,

    Account In Dispute

    Ref:

    Dear Sir/Madam

    Thank you for your letter of xx/xx/xx, the contents of which have been noted.

    You have failed to respond to my legal request to supply me a true copy of the original consumer crediticon Agreement for the above account. I would now request you send me your official complaints procedure within 14 days.

    On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
    You have failed to comply with my request, and as such the account entered default on **DATE**.

    The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

    Furthermore


    You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

    If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

    These limits have expired.

    As you are no doubt aware section 77(6) states:

    If the creditor fails to comply with Subsection (1)

    (a) He is not entitled , while the default continues, to enforce the agreement.

    And

    (b) If the default continues for one month he commits an offence.

    Therefore this account has become unenforceable at law.

    As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

    Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

    Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

    Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

    This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

    Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

    It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

    Should you not respond within 14 days I expect that this means you agree to remove all such data.

    Furthermore you should be aware that a creditor is not permitted to take ANY
    Action against an account whilst it remains in dispute.

    The lack of a credit agreement is a very clear dispute and as such the following applies.

    * You may not demand any payment on the account, nor am I obliged to offer any payment to you.
    * You may not add further interesticon or any charges to the account.
    * You may not pass the account to a third party.
    * You may not register any information in respect of the account with any credit reference agency.
    * You may not issue a default notice related to the account.


    I reserve the right to report your actions to any such regulatory authorities as I see fit.
    You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

    I would appreciate your due diligence in this matter.

    I look forward to hearing from you in writing.

    Yours faithfully


    You need to remove the part saying that after 30 days they commited a criminal offence as that is no longer valid.


  6. #6
    Basic Account Holder Windywoo Novitiate Windywoo's Avatar

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    Default Re: NDR debt recovery

    I had the same experience with Littlewoods. I did a CCA Requesticon last year, they sent me nothing, I stopped paying them, the account was passed to Moorcroft from NDR whilst in dispute, it then went back to Littlewoods and again passed to NDR when I refused to pay. I offered them a F&F at a fraction, as I wanted to clear my file. It took three letters before I finally got a response, when, they apologised to me for their disgusting customer service and gave me a blank copy of my agreement!! I also claimed back all charges.


  7. #7
    Basic Account Holder xiwow Novitiate

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    Default Re: NDR debt recovery

    wow you guys !! looks great will get it in post asap would love to click you scales if i new what they were "SORRY for being a dum ass"

    A blank agreement is not a valid response to your request, they know that, they just hope you dont..
    try sending this but amend to suit,

    Account In Dispute

    Ref:

    Dear Sir/Madam

    Thank you for your letter of xx/xx/xx, the contents of which have been noted.

    You have failed to respond to my legal request to supply me a true copy of the original consumer crediticon Agreement for the above account. I would now request you send me your official complaints procedure within 14 days.

    On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
    You have failed to comply with my request, and as such the account entered default on **DATE**.

    The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

    Furthermore


    You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

    If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

    These limits have expired.

    As you are no doubt aware section 77(6) states:

    If the creditor fails to comply with Subsection (1)

    (a) He is not entitled , while the default continues, to enforce the agreement.

    And

    (b) If the default continues for one month he commits an offence.

    Therefore this account has become unenforceable at law.

    As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

    Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

    Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

    Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

    This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

    Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

    It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

    Should you not respond within 14 days I expect that this means you agree to remove all such data.

    Furthermore you should be aware that a creditor is not permitted to take ANY
    Action against an account whilst it remains in dispute.

    The lack of a credit agreement is a very clear dispute and as such the following applies.

    * You may not demand any payment on the account, nor am I obliged to offer any payment to you.
    * You may not add further interesticon or any charges to the account.
    * You may not pass the account to a third party.
    * You may not register any information in respect of the account with any credit reference agency.
    * You may not issue a default notice related to the account.


    I reserve the right to report your actions to any such regulatory authorities as I see fit.
    You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

    I would appreciate your due diligence in this matter.

    I look forward to hearing from you in writing.

    Yours faithfully


    You need to remove the part saying that after 30 days they commited a criminal offence as that is no longer valid.[/quote]


  8. #8
    Basic Account Holder xiwow Novitiate

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    Default Re: NDR debt recovery

    Hi wow thanks again this gives me some confidence I will show my neighbor tomorrow can’t wait because poor chap gets very stressed thank you


  9. #9
    Basic Account Holder Chappers! Novitiate

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    Default Re: NDR debt recovery

    Dear Group,

    Firstly, you'll have to bear with me on this one, I'm new to the site!

    I have a Littlewoods account and have missed a couple of payments as I have been in Afghanistan with no way of making payment. I've had the usual scaremongering tactics, court cases, bad credit rating and was then passed onto NDR where the letters etc have carried on. I write letters asking to come to a compromise reference the arrears but it would appear that they haven't received one! How convenient.

    I have looked through previous posts on this NDR thread and am a little confused as to what I might gain if, like others on here, I was to request a copy of the CCA. Again, I apologise if this sounds a bit noddy, this is why I'm writing.

    Can anyone advise on whether or not I should pursue a CCA and play them at their own game?

    Many thanks


  10. #10
    Basic Account Holder schmee Novitiate

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    Default Re: NDR debt recovery

    I had absolute murders with NDR, I dealt with some seriously horrible people. I wish you luck!


  11. #11
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    Default Re: NDR debt recovery

    Hi all NDR are in house collections for Littlewoods group have a look at my thread for my wife's Littlewoods account they will try it on but you can win against them I carried on with default removal after having debt cleared due to my wife having a clean CRA file apart from Littlewoods two defaults.


    http://www.consumeractiongroup.co.uk...woods-ppi.html

    al the debt dpick

    cannot find it A to Z

    http://www.consumeractiongroup.co.uk...hat-youre.html


    Halifax
    Paid in full £2295

    MBNA 20/03/2008 settled in full out of court

    Capital One
    07/07/2007 Capital one charges paid in full £1666
    19/01/2008 recovered PPI £2216 + costs

    Littlewoods
    12/08/2007 write off £1176.10 debt.

    JD Williams charges refunded in full £640
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  12. #12
    Basic Account Holder thereisanotherway Novitiate

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    Default Re: NDR debt recovery

    Hi All,
    Just thought I'd join in as I've just received a letter today from NDR on behalf of Littlewoods - about to send for CCA......
    I was interested in Worzel's response at the top of the thread "I believe that under the CCA you can ask for all statements that are held on file, therefore there is no need to send a Data Protection Act (if you are just after statements of course)."
    Can anyone expand on this - is it a way around paying the £10 SARicon fee or is it just that you add the request to the same letter but still send the £10? (sorry if I'm being thick!) Just trying to save some money that I don't have!
    Thanks


  13. #13
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    Default Re: NDR debt recovery

    just for reference

    cca the DCAicon
    SARicon the original creditor

    from a dca, you are intitled to see an up to date statement, put it in your CCA Requesticon.

    saying that, dca dont like this and rarly happens. thats why you should SARicon the original creditor. that will give statements, agreements etc.

    the creditor can now send reconstructed credit agreements but if they want to enforce the debt, they will need the original.

    if they send a reconstructed agreement, it prob means they dont have the original.
    so its up to you then if you repay the debt


  14. #14
    Basic Account Holder thereisanotherway Novitiate

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    Default Re: NDR debt recovery

    Thanks for this - clarity - just what I needed. Will do both asap.


  15. #15
    Basic Account Holder nat100 Novitiate

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    Default Re: NDR debt recovery

    Hi. I also am seeking assistance with ndr. I have a debt, originally with Empire stores, that has been passed through a couple of debt rec agencies, not through missed payments (presumably because of changes their end). A couple of months back it was passed on NDR. I was notified that payments would need to now be made every 28 days, despite the original arrangement with the previous firms being monthly. Why should i have to budget differently and change my payment frequency just because they have changed hands. As well as this they have advised me as i have been paying monthly, if the payments do not arrive with them every 28 days, an additional £12 will be added each time. I have tried resolving this with them but they are stating they cannot change their procedures.
    Please help.



  16. #16
    Basic Account Holder equinox747 Novitiate

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    Default Re: NDR debt recovery

    Hi all,
    just thought I'd let you know my experiences with NDR, after CAGicon request, they admitted they didn't have one. shot themselves in the goolies i think: but they continue to send statements with the duly added £12 default sums, why don't they all get real and talk to people like people: i offered them £2 per month with a revue after 3 months oh no not good enough: so now they get £nil point, have written to fosicon complained, nothing probably will be done from FOS but it's good to have on the file: just for the future reference. just keep at them with the request for CAGicon's etc etc. if they had anything they would use it straight away..


  17. #17
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    Default Re: NDR debt recovery

    Quote Originally Posted by nat100 View Post
    Hi. I also am seeking assistance with ndr. I have a debt, originally with Empire stores, that has been passed through a couple of debt rec agencies, not through missed payments (presumably because of changes their end). A couple of months back it was passed on NDR. I was notified that payments would need to now be made every 28 days, despite the original arrangement with the previous firms being monthly. Why should i have to budget differently and change my payment frequency just because they have changed hands. As well as this they have advised me as i have been paying monthly, if the payments do not arrive with them every 28 days, an additional £12 will be added each time. I have tried resolving this with them but they are stating they cannot change their procedures.
    Please help.
    The same is happening to me????


  18. #18
    Basic Account Holder jsa12

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    Default Re: NDR debt recovery

    a terrible company to deal with,adds' on charges and lies about the reason "substantial effort in trying to contact you",everyone receives the same standard letter regardless,this immediately places the account into dispute,they are obstinate in payments they will except and constantly threatening.

    they don't have a cca and are in no position to be macho regarding anything,it makes no sense to make the above false statements and the result people stop paying altogether.after the CCA Requesticon i sent this.i think by 42man off my head.


    Account In Dispute

    Ref:U

    Dear Sir/Madam

    Thank you for your letter of 1x/0x/2010, the contents of which have been noted.

    You have failed to respond to my legal request to supply me a true copy of the original consumer crediticon Agreement for the above account.

    On 2x/0x/2010 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
    You have failed to comply with my request, and as such the account entered default on.1x/0x/2010

    The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

    Furthermore


    You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

    These limits have expired.

    As you are no doubt aware section 77(6) states:

    If the creditor fails to comply with Subsection (1)

    (a) He is not entitled , while the default continues, to enforce the agreement.

    And

    Therefore this account has become unenforceable at law.

    As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it.
    Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

    Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

    Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

    This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies

    Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

    It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

    Should you not respond within 14 days I expect that this means you agree to remove all such data.

    Furthermore you should be aware that a creditor is not permitted to take ANY
    Action against an account whilst in dispute.

    The lack of a credit agreement is a very clear dispute and as such the following applies.

    * You may not demand any payment on the account, nor am I obliged to offer any payment to you.
    * You may not add further interesticon or any charges to the account.
    * You may not pass the account to a third party.
    * You may not register any information in respect of the account with any credit reference agency.
    * You may not issue a default notice related to the account.


    I reserve the right to report your actions to any such regulatory authorities as I see fit.
    You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

    I would appreciate your due diligence in this matter.

    I look forward to hearing from you in writing.

    Yours faithfully
    then signed digitally.


  19. #19
    Basic Account Holder fitnesspt Novitiate

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    Default Re: NDR debt recovery

    Hi JSA12

    I have recently sent an initial letter requesting my CCA to NDR, Thursday (9th Sep) is the 12th day in which they've needed to get their response to me by, as yet I've heard nothing.

    Just wanted to find out what was the outcome with your request, Ive heard that laws have changed and it is no longer possible to get 'unenforceable' agreements removed?

    Thanks

    fitnesspt


  20. #20
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    Default Re: NDR debt recovery

    Hi welcome, start your own thread, giving as much detail as possible without identifying yourself, people will be on to help you out
    btw what you have heard is nonsense

    Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site
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