Nationwide debt recovery assistance

[nat100]

Hi. I am having problems with Nationwide debt recovery ltd. I have a debt owing, originally with Empire stores, passed through i believe 2 debt agencies and now it has wound up in the hands of NDR. The previous companies received a breakdown of my incoming/outgoing monthly finances (thank you c.a.b) and were content with me paying the sum of £45.00 a month.

 

Due to a change in hands, the debt was passed onto NDR. I received the standard welcoming letter advising me my debt needed to be cleared, that they wanted the money now as £45 p/m was not sufficient...you know, the standard welcoming letter. I called them and they agreed that i could continue paying £45 p/m despite by their own admission that their so called procedures meant a payment was a actually required every 28 days. I note, at this point NO mention was made of additional charges.

 

I have received a letter this morning, from them stating as my last 2 payments with them were late, despite me paying at the same time each mth, next time an additional charge of £12 will be applied. I called them and advised them of my concerns. They advised me their procedures still did not accept monthly payments and that there is nothing they can do.

 

Why should i not only have to pay them extra each year by paying every 28 days and budget differently, but also change my payment frequency because the debt has changed hands through no fault of my own. What are they saying, that if they decide down the road that they want payments, for example, weekly, that we are expected to jump through yet another hoop.

Any help will be appreciated.

Edited December 10, 2008 by nat100

[twofoot]

What's your problem.

[nat100]

Apologies for just putting 'hi' before. I hit them wrong button. I have edited my first post to include my problem.

[silverfox1961]

Hi Nat, welcome to our world!!

These companiea (and others like them) only ever think of the bottom line and will do all they can to screw as much as they can out of you.

It's time to go on the offensive

I would be sending them a CCA request

Send with a£1 postal order (no cheques)

DO NOT hand sign your letter

Post recorded delivery( normal post somehow disappears:rolleyes:)

Wait 12+2 working days and see what comes out of the woodwork

Most importantly, DO NOT talk to them on the phone.

They cannot force you to pay more than you can afford. Only a court can do that.

Have a go, you never know what good will come of it.

 

fox:smile:

[nat100]

Thanks for the advise, silverfox. I do not dispute the amount i presently owe and am willing to continue paying the £45 per month as i have been, but i am only willing to do it per month and they are refusing to budge despite the fact that debt companies changing hands was not my fault and i have always paid monthly.

[silverfox1961]

Good for you.

Obviously it's up to you which way you go with this but by asking for your agreement will put the ball firmly in your court and if they don't have a valid copy then you can either stop paying until they do come up with one OR negotiate a monthly payment or even a full and final settlement.

Don't forget, these companies buy the debt at 10-15p in the pound so while they can get an extra £45 a year from you they will try.

It would help if you can remember how long ago you made a payment before starting again.

When did you start the account with Empire? Did you sign any agreements with them?

Are there any charges placed on your account which could be claimed back?

You are quite within your rights to stand up to these bullies. Lots of people on here have done so and won.

The thing that gets me is that if these DCA's just let sleeping dogs lie then I'm sure they would get more money( but don't tell anyone that) Once they start the bully boy tactics, it quite often backfires on them.

 

fox

[sleepingdog]

How right you are silverfox

The thing that gets me is that if these DCA's just let sleeping dogs lie then I'm sure they would get more money( but don't tell anyone that) Once they start the bully boy tactics, it quite often backfires on them.

This sleeping dog was awoken by NDR and after being passed around 6 DCAs the debt has been proved to be unenforceable ,if only they carried on accepting my £5 p m payments lol

 

sleepingdog

[silverfox1961]

How right you are silverfox

The thing that gets me is that if these DCA's just let sleeping dogs lie then I'm sure they would get more money( but don't tell anyone that) Once they start the bully boy tactics, it quite often backfires on them.

This sleeping dog was awoken by NDR and after being passed around 6 DCAs the debt has been proved to be unenforceable ,if only they carried on accepting my £5 p m payments lol

 

sleepingdog

 

One up to the under(sleeping)dog:D:D:D

 

fox

[nat100]

Thank you Silverfox for the info. I cannot recall when the account was started with Empire, 9, 10 years ago, i am not sure, orders were placed through an agent. As for what documentation was signed ,it was so long ago i honestly cannot recall (was only signed at the very start of the account). There have been no additional charges applied. While i have been paying the debt of i have been keeping a close eye on what the balance stands at to ensure no extra charges are applied (if they were, i would have been straight on the case).

 

I am contacting the c.a.b to get a new financial statement drawn up which will confirm as it usually does, that based on the pure numbers, i cannot really afford to pay them anything, but through some miracle and cutting right back, i am still able to maintain the £45 p/m.

 

I made the mistake of calling them back and having a rant. The rant was not the mistake, was good to relieve some stress, the mistake was thinking i would get anywhere. I did get the agent to agree if i obtained and sent in the statement, that, conviniently, a monthly plan would most likely be possible. As it was verbal though, i am taking it with a pinch at this point.

 

Any additional assistance that can be offered will be much appreciated.

[silverfox1961]

Well, with it being so long ago and with it being a catalogue company, the chances of them having a valid agreement is slim but of course there is always the exception.

It will do you no harm to send a CCA request. It's here

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Letter N

 

Once you go on the offensive you'd be amazed how often the DCA becomes more amenable to offers. The thing is, if you can't afford the monthly payments, tell them and if you want to, offer a lower payment. They can always refuse but if they took you to court, the judge wouldn't look kindly on their refusal.

You have to live as well and while you're giving them £45 a month, they'll quite happily take it and pressurise you into giving more.

 

I am biased against Debt Collection Agencies so my advice is always going to be one sided. Others may give you different advice but don't bank on it.

 

 

fox

[havinastella]

NDR are in-house dent collectors for Littlewoods etc.

 

The charges are unlawful and whatever NDR say, DON'T pay them.

 

Send off for the CCA, they will not have it and then stop paying them. They started the war, unfortunately for them, it's not one they can win.

 

Jogs

[silverfox1961]

NDR are in-house dent collectors for Littlewoods etc.

 

The charges are unlawful and whatever NDR say, DON'T pay them.

 

Send off for the CCA, they will not have it and then stop paying them. They started the war, unfortunately for them, it's not one they can win.

 

Jogs

 

 

Couldn't have said it better.

In my case why say 10 words when 100 will do:D

 

fox

[nat100]

Thank you for the advice, Silverfox and Havinastella. I shall certainly take it on board and pursue the avenues you suggest. As you say, you have to go on the offensive with these firms. I have contacted the c.a.b and am popping to see them next to get a financial statement sorted out (although, according to the c.a.b, ndr has acted unlawfully by refusing to accept a finance/budget sheet from myself, only from the c.a.b). Very interesting. I wonder if this could provide more ammo.

 

In the meantime i shall pursue the cca route as well. I was all to happy (well, content to) continue paying my debt off, bit by bit. Now, the way i see it, if they are going to make my life difficult, back at them.

 

To make matters worse my sister is in the exact same position (by exact i mean exact, to the letter). Difference is she is disabled, has learning difficulties on top and has just been released from a hospital following a breakdown. For her to arrive home and have to deal with the same hassle, the same threats of charges and the same refusal to assist in any way and expect her to jump through the same hoops, UNACCEPTABLE. She only receives benefits and, same as myself, somehow manages to scrape the funds together to pay ndr. I am thinking about a) seeing about getting her debt written off and b) pursuing a claim/complaint for harrasment.

 

Any and all further advice and assistance will be, and is, much appreciated. Thank you again.

[havinastella]

Hi again Nat,

 

Just send the CCA request. You'll get a reply from Littlewoods (et al) saying we don't have one for you, but please keep paying us.

 

Guess what, Don't.

 

 

JOgs

[nat100]

Hi everyone. I hope everyone had a good christmas and new year. O.k, My issues with NDR are still not resolved. To update you, i went to the CAB mid January and had a new financial statement made up. This was sent to NDR by myself and another copy from the CAB. NDR are now stating they have received my copy of the original CAB financial statement but not the one from the CAB directly (convienient). They are saying as such they will not accept it because it has come from me. Refering back to my original posts, the paying monthly instead of their requested 28 days, i have come across a document from NDR on transfer of the debt to them confirming the monthly arrangement is still in place. They are basically calling myself and the CAB liars saying originally thet no such document exists (even though we were holding copies of the thing).

Since then, several lots of documentation have been sent through (all recorded delivery now). The CAB has called NDR directly on my behalf a few times since. Convieniently, i was informed by NDR yesterday they have records of all my conversations but absolutley no record of conversations with NDR (despite the fact that i was in the same room when 2 of the calls took place). On callling them yesterday, i have now been advised by an incredibly unhelpful individual at NDR that they are cancelling the arrangement that has always been in place as they state it was set in error (even though it was a transfered arrangement from droyds and i have been making payments like clockwork and i have written proof the arrangement is valid). I told the individual, not asked, told them not to cancel it as they have no grounds to. I demanded to speak to a manager. Was advised there were none there and one would be able to call me back but would be anytime in the next 48 hours.

Contacting the CAB again monday to ask them to call NDR, am going to write to watchdog and i have just recieved paperwork from the financial ombudsman to let them deal with the complaint. Any additional advice anyone could offer would be much appreciated. Pulling my hair out.

Did have to laugh yesterday though when i received a letter from littlewooods in my name offering me instant credit, no questions asked if i requested their catalogue.

[version302003]

what gets me with these catalogues is that requesting a catalogue you are 'deemed' to have agreed to the opening of a credit account with high interest and charges regulated under the cca and they think it is binding which is of course nonsense. I don't know how they are still getting away with it. They havent changed their dodgy practices since the 70's.

[nat100]

Hi there. Dodgy practices is an understatement. In reference to the offer of a catalogue and instant credit, it made me laugh because of NDR and littlewoods being connected you would have thought that would have red flagged my name as someone they are having grief with. Instead they offer me more credit. When i received a letter recently regarding a £12 charge that had been applied following late payment (even though it was not late), the letter came from littlewoods, not NDR. I called up the number on the letter and was advised it was not down to them, it was down to NDR????. They are all bloody useless.