Anyone had dealings with KPR Debt recovery?

[1stlifeline]

We are having problems with a company called K.P.R but I cant seem to find anythings on threads referring to them. Has anyone else had a problem with them? We are writing off for the credit agreement. One question - Do we make the £1 payment out to KPR or to the original lender?

Thank you

[42man]

Send it to KPR in the first instance.....

[1stlifeline]

Well I sent the letter off with the payment made out to KPR and today they have returned it saying that they cannot acccept the payment and it should be sent again made out to the Nationwide. Obviously I will send it again but is this just another stalling tactic. They are still repeatedly calling us but we are just saying "the debt is in dispute, please do not call" however it seems that now it is NOT in dispute as the letter etc has been returned.

[sillygirl1]

No, the debt is STILL in dispute - they have not complied with the CCA request, normally DCA's ask the original company for the documents, sounds like they are trying to stop you SAR'ing Nationwide.... I'd return the cheque, for £10 this time and say you are SARing rather than CCAing.

 

Should stop them in their little tracks.....

[1stlifeline]

Thanks for that sillygirl. I was just panicking a bit because other half is a bit dubious about me doing this. He hasnt been on this site (cant even open the laptop!) and so only knows what Im telling him. Obviously because he hasnt read everyone elses experiences so isnt that confident about doing it.

[42man]

Are KPR saying they are the owners of the debt now ? because if they are then it is THEY who have to comply with your bona fide request (have you been sent any assigment either by Nationwide or by KPR ?)....If you have any letters from them take off the personal details and scan them and post them on here....

[PriorityOne]

How much are KPR chasing you for... and what's the debt for ? If they haven't complied with the CCA, then you are within your rights to withhold payment until they do. Keep hold of the letter they've sent you and the returned payment....

 

The only reason for sending a S.A.R - (Subject Access Request) is to re-claim unlawful charges on the account, but if the amount alleged to be outstanding is higher than those charges, I'd leave it alone.

 

If KPR are working on behalf of Nationwide, then they should forward your CCA request on to Nationwide.... and you can S.A.R - (Subject Access Request) Nationwide then.

[1stlifeline]

Thanks for the replies. They are chasing us for 2 debts with N/Wide. One is a loan and one is a credit card. Total balance approx £11,000. We went to the CCCS last Feb and have sent N/Wide and our other creditors the income/expenditure sheets (and also in the case of N/W, wage slips etc) We have been making reduced payments since and have never ever missed but N/W are constantly on the phone asking us to up the payments and have threatened court, charge on house etc. The payments have been made by direct debit and twice they have upped the payments by quite a lot without first telling us which had caused the direct debits to fail and incurred us charges. We have explained to them that they are being paid pro-rata with our other creditors but they just keep insisting that we pay more which is impossible. The Halifax have been reasonable and suspended interest but N/W just keep piling it on so even though we are paying a reduced payment every month the debt keeps rising.

 

Now we have been passed to KPR Debt Collection but I dont know if this means they have 'bought' the debt or not.

I dont have the facility to scan and post but both letters are on KPR headed paper and one begins with the words 'We recently advised you of our involvment in the recovery of your debt on behalf of N/Wide Building Society' The other starts - 'Nationwide Building Society has instructed us to collect your debt on their behalf' therefore I made the payments(which I sent by postal order so they would not have a signature on a cheque) both made out to KPR. As I said these have been returned with a letter saying they are unable to deal with our request as the payee is incorrect.

Any advise please? Thanks

[sytra]

Hi

 

'We recently advised you of our involvment in the recovery of your debt on behalf of N/Wide Building Society' The other starts - 'Nationwide Building Society has instructed us to collect your debt on their behalf'

 

We have been dealing with KPR for a Nationwide CC, as you say the letters state "on behalf of NW" i would send payment to NW, thats all we did and got the documents back albeit the wrong ones!!!!!! (Still waiting for a reply from Roxburgh for another NW acc)

 

Sytra

[PriorityOne]

Thanks for the replies. They are chasing us for 2 debts with N/Wide. One is a loan and one is a credit card. Total balance approx £11,000. We went to the CCCS last Feb and have sent N/Wide and our other creditors the income/expenditure sheets (and also in the case of N/W, wage slips etc) We have been making reduced payments since and have never ever missed but N/W are constantly on the phone asking us to up the payments and have threatened court, charge on house etc.

 

Never speak to them on the 'phone. Say "in writing only please" and hang up immediately. They will threaten all sorts, with the view of scaring you pooless until you agree to up the payments to suit them.

 

The payments have been made by direct debit and twice they have upped the payments by quite a lot without first telling us which had caused the direct debits to fail and incurred us charges.

 

This is the downside of DD payments... it puts them in control and not you. If you are doing this with any others, then change to Standing Order payments... as the amounts can only be changed by you.

 

We have explained to them that they are being paid pro-rata with our other creditors but they just keep insisting that we pay more which is impossible. They won't be interested.... The Halifax have been reasonable and suspended interest but N/W just keep piling it on so even though we are paying a reduced payment every month the debt keeps rising.

 

Now we have been passed to KPR Debt Collection but I dont know if this means they have 'bought' the debt or not. It doesn't matter.... they still need to comply with a legal request or, pass the request on to NW for them to comply. The fact that they appear to have done neither means that the account remains in dispute, which means that you are within your right to withhold all further payments on the account until someone complies. So.... cancel that DD immediately.

 

I dont have the facility to scan and post but both letters are on KPR headed paper and one begins with the words 'We recently advised you of our involvment in the recovery of your debt on behalf of N/Wide Building Society' The other starts - 'Nationwide Building Society has instructed us to collect your debt on their behalf' therefore I made the payments(which I sent by postal order so they would not have a signature on a cheque) both made out to KPR. As I said these have been returned with a letter saying they are unable to deal with our request as the payee is incorrect.

Any advise please? Thanks

 

I will draft up a letter for you shortly....

 

 

[PriorityOne]

Send by rec. delivery... keep the receipt.

 

Dear xxx

 

Ref xxxx

 

Thank you for your recent letter, enclosing my returned payment for a legal request under The Consumer Credit Act, 1974.

 

You recently informed me of your "involvment" with the above account in your letter(s) dated xx/xx/2007 and therefore, the request for a true copy of my Consumer Credit Agreement was sent correctly, as was the enclosed payment that you've since returned.

 

As you have been unable to comply however, the account remains in dispute, is unenforceable and no further payments will be forthcoming until such times as my request is actioned.

 

Please be advised that I am only prepared to communicate with you in writing and any attempts to contact me by telephone will be duly logged, before being rejected.

 

Yours sincerely,

[1stlifeline]

Thank you so much PriorityOne.

[diskmandave]

Are KPR saying they are the owners of the debt now ? because if they are then it is THEY who have to comply with your bona fide request (have you been sent any assigment either by Nationwide or by KPR ?)....If you have any letters from them take off the personal details and scan them and post them on here....

If a DCA is chasing a debt, they must comply as per Section 175 of the CC Act 1974.

If a DCA own the debt, they must comply as per Section 189 of the CC Act 1974.

 

Regards, Dave.

[1stlifeline]

I have just written the letter kindly supplied by PriorityOne. I should have done it a few days ago but Xmas just got in the way.

One quick question please. When they rteurned the payments to me they also returned my orig letters. I am now sending them back again with this new letter. Is there any need for me to put anything on the new letter about the days allowed to comply being from the date my original was sent or do I just put them back in the envelope?

 

Thanks

[1stlifeline]

Bump!!!! Just for a bit of advice on my last question please. Thanks

[PriorityOne]

I have just written the letter kindly supplied by PriorityOne. I should have done it a few days ago but Xmas just got in the way.

One quick question please. When they rteurned the payments to me they also returned my orig letters. I am now sending them back again with this new letter. Is there any need for me to put anything on the new letter about the days allowed to comply being from the date my original was sent or do I just put them back in the envelope?

 

Thanks

 

I would keep hold of everything that they send back to you, including the returned payment. Enclose copies if you prefer, but not the originals.... these were returned to you; their mistake, not yours. It's also not up to you to remind them of their legal obligations... they should have been aware of those before pursuing you for payment.

 

Send all correspondence by rec. delivery...

[1stlifeline]

Thank you so much PriorityOne. (I wish you lived next door!!!!)

[PriorityOne]

Thank you so much PriorityOne. (I wish you lived next door!!!!)

 

[1stlifeline]

Living in hope that PriorityOne sees this, (although Im grateful for everyones help and dont want to offend others who have been so kind as to help me)

 

I sent the letter supplied by PriorityOne in post 11. I returned the letters and cheques directly to KPR. Yesterday they came back AGAIN!!! This time they had a slip inside from Nationwide saying make the cheques payable to them and this came back in a Nationwide envelope even though we did not send the request to Nationwide. They have returned the original request for a copy of the CCA as well.

Now I understood from reading the forums that once I had sent the fee and request the clock was ticking as far as the 12 days went but by retuening the letters they clearly dont think so.

 

Then 2 days ago we got a call from yet another company who said they were acting on behalf of Nationwide (Drydens Lawyers). We also got a letter from them yesterday saying 'legal proceedings WILL be issued in 7 days' and then they will seek to put a charging order on the house.

This morning they rang again. I asked them what thier involvement was as we have been getting letters from KPR. I was told that they had been asked to act on behalf of Nationwide and they did not know of KPRs involvement. I also informed them that I had requested a CCA and that as far as I was concerned the 12 days were up from the date the letter was origonally sent as so the account was in default. The guy seemed quite reasonable and said that he was not aware of that and that he would speak to Nationwide to see what was going on and get back to us.

I asked him to do so only in writing.

Now my questions!!!!!

I assume Im going to have to send off cheques made payable to Nationwide or the silly so and so's are going to keep stalling, is that correct?

Do I do anything about Drydens Lawyers threat of court action in 7 days?

How can I find out who actually owns the debt now as we seem to be dealing with 3 different companies?

[spamheed]

With regards to NW,

Dont telephone anyone, or allow them to communicate in any other way than in writing. You are waiting for them to reply to your legal request. (This is the same law they are trying to beat you with)

if they want to fold up your requests and make paper aeroplanes, that's their business, however the law requires that they do certain things. you require them to to do these things. The fact that they have returned the cheque is their problem, they have kindly sent you confirmation that you made the request correctly and in line with the law.

Just wait. The clock is ticking

 

send this to Drydens courtesy of CB

 

 

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : XXXX

 

I refer to your letter of xx/xx/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

[1stlifeline]

Thank you Spamhead. I love this Forum!!!! Theres always someone there for you.

 

I will send that letter off later today. Im still concerned though that they keep returning my CCA request. What I dont understand is that these people should be aware of what they can and cant do so if they know that they are commiting an offence by not complying with my request why do they insist on returning the letters.

 

I also have the problem that my other half is getting quite 'twitchy' about what Im trying to do. Hes not convinced by my arguement that we can play these people at thier own game and is worried that I will get him further into trouble. He hasnt read these forums as I have so dosnt really know what kind of support you people are. He just sees a letter from a 'LAWYER' and has the opinion " They know the law so they MUST be able to do what they say"

 

Would you advise me to send the letters off agin but this time to the Nationwide as I have to make out the cheque to them, or should I carry on sending the request to KPR.

Could they argue that as they have not had my £1 fee yet, they are not under any obligation to action my request?.

[spamheed]

I must confess, I tend not to suffer fools too gladly, especially not jumped up bully boys who think they are smarter than they obviously are and as far as I'm concerned, if I could prove that I sent the CCA, I wouldn't be too bothered if they lined the budgie cage with it, I've done my bit and now it's up to them.

 

The process is as follows:

 

You send the request along with the required fee

They either seek out the CCA and reply to your request, or forward your request onto the original creditor who send it to you. Hopefully they don't have it, but that's another tale

 

Now this is laid out in law, it's not their choice to deviate from the law, this is the same law that they would prosecute you under for not paying your debt.

 

If you want to be seen to "play fair" you could send a snooty letter highlighting the inadequacies of their agents and pointing out that the CCA request was made on xx/xx and the due process has now begun and the clock is now ticking, although I would doubt that they would be as kind to you.

 

If they later turn around and say that they never received it, that's their problem, maybe they should be more careful who they choose to get into bed with (commercially that is) you have the proof the letter was sent. Who the courts going to believe, the post office or them??

[1stlifeline]

Thank You. But as they have returned the payment would YOU send it back to them. What Im trying to get at is that if I cant show that they cashed the cheque am I weakening my proof that they have recieved it. After all could they not 'play dirty' and say the fee was not enclosed and therefore my request was invalid?

[1stlifeline]

Whoops!!! Sorry, Read your user name wrong. Hope Ive not just lost my help!!!! What did you say about not suffering foools...............

[spamheed]

Not a prob lol

 

I think the way you need to look at this is who is following the process correctly.

 

You have sent in your request complete with payment. the request is a template from CAG, so we know that it's clear and concise and covers all of the salient points, therefore it is not open to misunderstanding, nor is the law governing the request open to misunderstanding. You have proof that the letter was received and signed for by the correct company. from this point, it ceases to be your problem.

 

Their actions on the other hand have been misleading, confusing and at best, extremely amatuerish. these are the people who are supposed to know their stuff, they are threatening you with god knows what. whether they cash the postal order, wallpaper their toyroom, or use it to scrape the food residue from their chins is not your concern.

 

The fact remains, it isn't your problem. you have made the request, what they do with it, is down to them. they cannot expect you to assist with your own prosecution. As long as you can prove the letter was received. then they are obliged to act on it. If they have sent it back to you, or forwarded it to santa, is neither here nor there, they are still obliged to act on it (however difficult this may be)

 

They would have already referred to the fact there wasn no payment included, so it's not just a case of what they do say, but also what is omitted.

 

If a judge asks them "why didn't you act on this legal request?" then consider again why should you help to prosecute yourself?

 

You have asked a question, you are legally entitled to an answer.

 

So wait for an answer