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    • @Andyorch   I didn't know that. Thank you.
    • Are you saying the 6/3 year rules does apply to me, even if I only realised it was mis-sold in 2019?   The agent is talking as if I knew this was not compulsory in 2003 when I signed for it 😕   
    • Yes, was received.   Sitting on my hands has never been a strong point.    
    • Thanks both,   The only thing I am still not clear on is there were 4 DCA's that were reporting on my credit report and as I complained they have stopped BUT there is no default date on these debts. Can they start reporting these debts again on my credit report if I stop paying.   When I tried to re-mortgage a few years ago I was refused as these 4 were showing as in a DMP. Ofc they are not now as I told them it should have defaulted BUT they werent actually able to add the default date - so in theory could this happen again.   Thanks so much for your help
    • I'm afraid these kinds of stories are all too common with this company. The impression is that they're not too interested in installing and maintaining heating systems – but rather the finance behind it. Did you do this on some kind of finance agreement? Was it secured on your property? You seem to be doing everything on the telephone – and I think it's about time you started establishing a paper trail. You may end up having to arrange your own service with their authorised installer and if that doesn't happen then you may end up having to get in your own repair person. Of course ASG will then say that you are in breach of their warranty et cetera and that they are entitled to recover all their money back. You will have to show that you are a paper trail in them on notice and that they're not responding and then eventually you had to take matters in your own hands and organise your own repair – for which you would be going to them for reimbursement and also you would have to establish that you had no choice and they are fully liable – including the not allowed to dishonour a warranty. I'm afraid the stories we are getting about this company are dreadful and frankly very distressing
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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      • 33 replies

Nationwide debt -NCCS/KRP now MKDP - **ACK'd Now SB'd**


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Had a very strange letter today from a debt collection agency for NCCS .

 

 

I had CCA'd Nationwide and had no response

- I sent non compliance letter ( cannnot demand payment , pass on to DCA etc).

 

 

What I don't understand is that the DCA have written (without prejudice) offering me a disounted settlement with no detriment on my credit file

- limited offer for seven days only)

 

I am puzzled - any ideas??? thanks Cleo

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Am unsure what to do next - may write and ask exactly what they are offering?

Think Nationwide ad, think juicy worm, think reeling you in!! :eek:

Don't take the bait. I'd send them this Dear John letter

Ref No: xxxx

 

 

Dear Sir,

 

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

 

However your client, Nationwide have singularly failed to respond to my letters dated xx/xx/xx and xx/xx/xx whiich required them to supply a true copy of a properly executed Consumer Credit agreement.

 

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

Yours sincerely

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Think Nationwide ad, think juicy worm, think reeling you in!! :eek:

Don't take the bait. I'd send them this Dear John letter

That is a very good letter - thank you. Do they ever settle ?

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That is a very good letter - thank you. Do they ever settle ?

well on further investigation K P R debt collector is actually Nationwide. To look at the letter you would never believe it. At very bottom in tiny print "K P R is business name of Nationwide Building Society"????? It is quite deceiving.

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  • 2 weeks later...
Think Nationwide ad, think juicy worm, think reeling you in!! :eek:

Don't take the bait. I'd send them this Dear John letter

Sent said letter Ie no CCA etc - but KPR have now sent final demand!! The account is still indispute so is there a further letter to send please?

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I am unsure of next step?? Can anyone help please??

 

I would just write back thanking them for their harassment letter which you will retain within your harassment file.

 

Place account in dispute in big bold letters at the start of the letter.

 

Refer them to your previous letter and remind them of their obligations under the oft debt collection guidance and enclose a copy of your previous letter for their reference.

 

Report them to the enforcement authorites;)

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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I would just write back thanking them for their harassment letter which you will retain within your harassment file.

 

Place account in dispute in big bold letters at the start of the letter.

 

Refer them to your previous letter and remind them of their obligations under the oft debt collection guidance and enclose a copy of your previous letter for their reference.

 

Report them to the enforcement authorites;)

strangely enough I sent that letter today after having a good trawl on this site!!

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  • 1 year later...

i have received a demand from wescot for an NCCS credit card that has already been to several DCA's. Have been through all of the procedures - collected a supposed "Agreement" from the branch. This consists of a copy of a "Priority Application" with absolutely NO prescribed terms whatsoever. NCCS and all the previous DCA's KNOW this. Wescot insist I have to pay in full. All the form consists of is:

name and address, password, PIN issue,

Job title,

Card Protection plan and my signature, no payment terms , credit limit no APR or interest rates. Help!!!

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Remind them that they are breaching OFT guidelines and request they return it to previous DCA.

Next time they threaten demand a copy of their complaints procedure, telling them why you are making a formal complaint.

This action can have them running.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Remind them that they are breaching OFT guidelines and request they return it to previous DCA.

Next time they threaten demand a copy of their complaints procedure, telling them why you are making a formal complaint.

This action can have them running.

thanks - I have been through all of the ususal stuff - however I have now referred them to the latest judgment Southern Pacific Securities v Walker and referred to the paragraph - missing prescribed terms = wholly unenforceable. Lets what happens now.

 

many thanks

 

Cleo

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  • 4 years later...

well - it's been ages since I posted on this thread

- been having letters for ages from MKDP

 

 

">>>>we are trying to find a copy of your agreement....."

(I picked a copy up from the Nationwide branch years ago and it was application form no prescribed terms.

 

 

Now I have received a letter from them today"..

 

 

.we are concerned that correspondence addressed to you has been returned from your address.

 

 

In response to the returned mail received,

we have undertaken further investigation using Credit Reference Agencies in addition to other reliable databases

and this information has led us to understand you still reside at the same address

... please contact us to discuss further..."

 

NOW I AM NOT PLEASED!!!!!

 

 

I have not sent any mail back and I think the letter implies I am being deceitful/underhand.

 

 

I believe this debt is not just unenforceable but also SB now.

 

 

Anyone else had such a communication????

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  • 3 weeks later...
  • 2 months later...

Had a letter today from MKDP - for ages and ages they have sent me letters "still trying to deal with your complaint...."

 

 

after they received my Statute Barred letter

miraculously they have found a copy of the "agreement"

 

 

which is copy of application form same as I collected from the branch years ago (see posts on this thres)

they also enclose a copy of a letter I sent to Raven Revoceries in June 2012 -

this letter explains I only ever received app form copy/quotes cases/ unenforceable etc (think its a template letter).

 

 

They say this letter counts as acknowledging the account.

 

 

Anyone help please?

 

 

have had response from MKDP to my letter . I explained had sent no mail back and also that this was now SB under Limitation Act. MKDP have "noted my dispute.......and are contacting Nationwide...... all collection activity now on hold......."
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why did you start up letter tennis again after 4yrs...

 

 

thats exactly what they want you to do .

 

 

what does your credit file say?

 

 

oh and ignore them

 

 

the RR letter [which is them] does not ack the debt

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I need to go through the paperwork again

- I think I had nothing from anyone for ages which may explain the gap.

 

 

I thought if it went to court it was perceived as not good practice to not reply.

I didn't realise they were the same organisation either.

 

 

They say this their final decision and I am liable for the debt.

 

 

I know that I haven't paid for over six years .......thanks for your input

 

 

why did you start up letter tennis again after 4yrs...

 

 

thats exactly what they want you to do .

 

 

what does your credit file say?

 

 

oh and ignore them

 

 

the RR letter [which is them] does not ack the debt

 

 

 

dx

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once a CCA request fails

 

 

its always best to stop all letter tennis.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 10 months later...

Letter from MKDP (I sent them the Statute barred letter a while ago) apologising..

 

 

. "I can verigy this account is now closed and you will be no longer pursued for the debt..."

 

 

Apologise for distress and inconvenience and enclose a cheque for £50!!!.

 

 

I understand MKDP are now "Hoist"?

 

Anyway it was nice to get the cheque

 

 

however my name is incorrect on the cheque so they are sending a replacement ...

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  • 2 years later...

well : I tried to claim PPI for this in 2016 but was deemed not mis -sold. I had forgotten I claimed to be honest and recently went through some paperwork and sent them another claim. Received letter saying had previously tried with copy of rejection letter. Further letter saying undisclosed commission : greater than the 50% threshold and a cheque on the way For £700.00 + !!

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another plevin win then...

 

 

well done

 

don't forget to donate if you can to keep us here.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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