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Hi all

 

I have an outstanding debt with Shop Direct which is made up of fines etc only totalling about £300.

 

I wrote to them a few months ago and told them that the account was in dispute as they owed me more money than my outstanding balance and it was for unlawful charges.

 

Since I put the account in dispute, they have continued to charge me an additional £12 per month late payment charge and have also transferred the account to a DCA - NDR.

 

I thought that this was not allowed, and that when an account was in dispute / investigation - neither of these could be pursued. I am still waiting for their final letter with regards to the charges before I pursue it any further.

 

What I would like to know is what other action should I be taking - should I report both companies to the FOS / OFT etc.

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When was the account opened??

 

Have you ever sent them a cca request??

 

 

Dear Sir/Madam

 

Re:- Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

Failure to comply with a request such as this actually makes an alleged debt legally unenforcable! :)

 

 

Cheers.

UF

 

 

I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualifies professional lawyer.

 

 

Edited by UnitedFront
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I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Additionally, yes, you should complain to the OST and also to trading standards. You should complain under CPUT.

 

Additionally you should inform the DCA that the account is subject to a formal complaint as it is comprised of bank charges and that they should stop any enforcement proceedings as they are fully aware that these charges are unlawfully and are likely to be returned to you in due course.

 

Have you begun your process of reclaiming the charges? You should do this immediately. You should do it by court action. Don't hang around. Start now

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I'm having a similar problem with this company. I'll be interested to see how this turns out. Shop direct are relentless in getting payments, they're a nasty bunch. Don't worry though, you're in the right place :)

If I have been helpful in any way, please tip my scales :lol:

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Hi NDR are in house collections for Littlewoods group of companies they like to pretend that they are a DCA your best bet is to use s78 cca or full data sar to get details of all charges and any interest applied to the account and a copy of the actual agreement (not a made up one).

 

I had this with both Littlewoods and J.D.Williams (the value catalogue) neither had any agreement so in Littlewoods case debt would not be pursued and JD they ended up refunding me cheque for £600 due to no agreement existing no agreement to allow them to add charges and interest.

 

dpick

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