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 dispute.?

thanks Maggie

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 request, 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

thanks Worzel.Will post cca tomorrow to NDR.

Maggie

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.

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 Credit 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 interest 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.

I had the same experience with Littlewoods. I did a CCA request 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.

;)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 Credit 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 interest 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.

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

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

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

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/forum/payment-protection-insurance-ppi/80339-wife-littlewoods-ppi.html

al the debt dpick:)

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 SAR 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

just for reference

cca the dca

sar the original creditor

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

saying that, dca dont like this and rarly happens. thats why you should sar 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

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

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.

Hi all,

just thought I'd let you know my experiences with NDR, after CAG 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 FOS 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 CAG's etc etc. if they had anything they would use it straight away..

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????

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 request 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 Credit 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 interest 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.

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

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

hi all, can any body help on this> me and my wife are now on debt recovery with about 10 debters, we first went through a debt manegment ( you send them a cheque every month and they pay your debters ) but on some of my debters they was putting me in to more debt by not paying on the date/time, so we stoped them and went with the cccs and went on a pro-roto, we now pay all our debters our self by an agreed amount, only one of them will not let you do it that way> ndr from littelwoods, they say they cannot setup a £5 a month payment becouse it is NOT their policiy and we must go with a debt manegment, we keep sending £5 month and yes they take it of our bill BUT they put £12 on for insufficient minimum payment fee, so our bill is going up all the time NOT down, some body out their must know how to stop this, we was told by the cccs to keep paying the £5 becouse we would be braking the law if we did not.

any help please

gary

Hi all!

Im not sure if this is going to appear as a new thread or a reply to a thread? At the moment I cant seem to find the facility to add my own thread to this group? I have stumbled across this page whilst searching for the contact details of NDR and I was suddenly intrigued by all these posts using abbreviations I have never heard of before but it definately caught my interest! However like many other newcomers I'm sure I run the risk of sounding a little dull when I ask- what does this mean and is it worth trying? Basically I have just sorted out a DMP with Consumer credit counselling and most of my debts are now with external agencies, NDR, moorcoft etc. I have tried to be reasonable with NDR but their payment date is unsuitable for me 2 days before pay day and for the sake of paying 2 days late they are whacking me with a £12 charge! My debts are now substantially higher since I've been in debt than they were to start with- It really gets my back up!!!!!! Anyhow is it worth me writing to these companies asking for the original credit agreements? and where do I stand with these? do I write to the original creditors or the agencies? and what do I do should I have/not have a response. I really hope someone will take the time to explain this to me and help me out.

Many Thanks to anyone who has taken the time to read this

Laura

Hi Gary,

I too am having dreadful problems with NDR, even thought I have told them I cant pay them on the 26th but I can on the 28th of every month they have refused saying thats their clients policy. I eventually spoke to a lady who I think took pity on me and told me that the ONLY way they could accept my offer was if it came DIRECTLy from a DMC and she actually suggested cccs or Citizens advice- she told me that the letter of offer had to come on letter headed paper from them not from them via me as that would be viewed as a self help package. Im not sure if thats what you have or if they have contacted them directly? I am in the process of setting my DMP up with CCCS as we speak- how are you finding them?

Regards

Laura

hi and thanks for the repply, we did go down that road BUT ccs will not send a letter to them ONLY to us and ndr will not take that, we thought about not paying at all and letting them take me to court or going down the road and pleading bankcrupsey and then thay will get nothink, i think it is about £250 to do that, we will see after xmas.

Does anyone have the template for the original letter needed to be sent to request the cca please?