ndr still charging

[andyskelly]

hi,

 

i need some help with ndr. i have a debt with them and had an agreed monthly repayment with them, which expired. they were unwilling to come to a new agreement which i could afford.

 

 

i have followed the good advice on this site and sent a letter asking for a true cca. they sent me a copy of their new agreement. so i sent them the follow up letter as advised. they replied and said they would not be pursuing the account and "any future charges will no longer be applied".

 

the problem i now have is that each month i receive a statement with a £12.00 missed payment fee and a notice of default sums. i thought they would not add any more charges or expect payments after saying they would not pursue the debt.

 

can i claim back these charges and could i have some advice as to what i need to write to them.

 

many thanks andy

Edited July 1, 2010 by andyskelly

[cerberusalert]

Moved to Debt Collection Forum.

[RoyalIrish]

Don't worry in the slightest!

 

It is nonsense!

 

Sending you a 'statement of account' is one of their intimidation tactics!

 

Trying to 'psyche' you into thinking you owe them more and more money!

 

Pretty stupid really!

 

They will stop eventually!

 

I could paper my living room with them!

 

If you sent them a CCA request and they have failed to fulfill the request then the account is now in dispute and you need not pay them anything!

 

NO MATTER WHAT THEY SAY OR HOW MANY ACCOUNT STATEMENTS YOU GET SENT!

 

Scan and post the CCA that they sent and someone will advise you if it is enforcable!

 

You can't claim back charges that you haven't paid?

 

You have confused me, could you be more specific?

Edited July 1, 2010 by RoyalIrish

[Guest Cartaphilus]

Agree with the above, where does one even begin to start with NDR and Shop Direct.

 

as to what i need to write to them.

Well, aside from the charges, they've already admitted they have no CCA, so aren't pursuing this account so ... I don't think you need write anything back to them TBH. If any future DCAs show up simply send them a copy of the letter NDR has supplied you with to just remind them of a few things in that direction, end of story. Edited July 2, 2010 by Cartaphilus
Removal of a paragraph that was un-needed

[andyskelly]

hi,

thanks for your replies.

i have tried to upload the letter i was sent but havent quite figured it out yet.

 

initially i sent a cca request letter in december 2009. they sent back a blank copy of their current cca. so i sent the follow up letter as advised on this site disputing the account in january. they sent a reply on the 27th of january to say they would not be pursuing the account and would not add charges.

since then every month i have received a statement with a £12.00 missed payment charge along with with a notice of default.

 

so you would recommend i send a copy of their letter to remind them that they agreed not to pursue the account. can i ask the charges to be reversed on the account? also should the defaults be reversed?

 

will try to figure how to upload the letter on to here.

 

thanks for your help.

andy

[Guest Cartaphilus]

Uploading is very easy to do ... imageshack, photobucket, plenty of others, then simply paste the link here.

 

so you would recommend i send a copy of their letter to remind them that they agreed not to pursue the account. can i ask the charges to be reversed on the account? also should the defaults be reversed?

No.

 

 

I don't think you need write anything back to them TBH. If any future DCAs show up simply send them a copy of the letter NDR has supplied you with to just remind them of a few things in that direction, end of story.

 

 

 

also should the defaults be reversed?

Are you saying they've sent you a default notice every month?

can i ask the charges to be reversed on the account?

 

Sending you a 'statement of account' is one of their intimidation tactics!

 

Trying to 'psyche' you into thinking you owe them more and more money!

 

Pretty stupid really!

You have that letter, ignore whatever Nausuem Delerious Recovery and their other name are sending as that letter means end of story. They can't pursue it, and you have that in writing. As to what those charges represent they are intended to do what the above poster said.

 

What I suppose you could do is perhaps report them to someone like OFT for continuning to harass you after admitting no CCA is in place and stating they won't pursue. Apart from that, I really don't know as everything you need is already in writing from them.

Edited July 3, 2010 by Cartaphilus

[andyskelly]

hi,

yes every month they send a notice of "default sums under the consumer credit act 1974", since feb this year.

the letter they sent saying they would not pursue was from shop direct as are the default notices but the statements are addressed from ndr. i know they are the same company.

i just dont want the debt to keep going up and to keep receiving default notices.

 

will try uploading onto photobucket.

 

thanks andy

[Guest Cartaphilus]

I think we do need to see that letter to find out exactly what is going on and how it's actually worded TBH. It's very confusing right now so once you've scanned and linked it we can see what's going on (removing the obvious personal details).

Edited July 3, 2010 by Cartaphilus

[andyskelly]

hi,

think i have managed to scan the letter.

hopefully this is the link:

http://i5.photobucket.com/albums/y151/andyskelly/SCAN0003-1.jpg

[Guest Cartaphilus]

Thak you. Ignore what NDR are sending you, including the charges. I think you should report this to the OFT because they are continuing to harass you, include a copy of that letter. I don't know what they are doing apart from maybe getting desperate or just being plain stupid.

[firstship]

Hi.......remind them they are in default of CCA1974 by confirming they are unable to supply a copy of a signed agreement (letter in CAG file ACCOUNT IN DISPUTE) ask for all the charges to be refunded,ask for the removal of all Data posted with any 3rd party such as CRAs,as they are in very serious contravention of OFT and ICO guidelines,give them 14 days to confirm in writing they have complied,should they not comply and not give their reasons in writing the FOS will be informed and legal action may be considered concerning their ability to comply with their credit licence ............wish you the best..FS

[Guest Cartaphilus]

What they said. Afraid I'm sometimes not clever enough - in that I lack the knowledge to - and wish you the best of luck with all this.

[andyskelly]

thanks for all your advice. will try fs advice. will keep you all posted.

[hheadcase]

Hi Andy, the same has happened to me - they could not provide a true cca, said they would not be persuing it but have! Adding £12 defaults on every month . I decided to stop paying (stupid me still paid when I received each letter) and haven't heard anything for a while - no letter or phone calls. Will let you know how I get on too. Good luck!

[Guest jsa12]

Hi Andy, the same has happened to me - they could not provide a true cca, said they would not be persuing it but have! Adding £12 defaults on every month . I decided to stop paying (stupid me still paid when I received each letter) and haven't heard anything for a while - no letter or phone calls. Will let you know how I get on too. Good luck!

 

this company are making fools of people,i have been looking into the "the substantial amount of effort i have made trying to contact you" letter,this appears to have been used through out the whole group not just littlewoods and is indeed a pack of lies'.more here.

 

Kays Catalogue = Shop Direct Group Financial Services LTD = Arrears Collection Department = Conning the Public The Secret People

[RoyalIrish]

Please ignore these fools.

 

There is no CCA for this type of account and therefore all they are doing is sending you waste paper.

 

I could write to you and inform you with a scary letter that you owe me £12 every month but you know and I know that it's utter rubbish!

 

They will keep hounding you and adding £12 to your alleged account for a while and then, because they know they ain't got a leg to stand on, they will pass the account off to some other threat monkey to try and hassle you into payment.

 

That is the way their system works!

 

Once you know the system you can sit back and enjoy the events unfolding!

 

Here is my latest offering from (imagine drum rolls and trumpets blaring!)

 

MOORCROFTS - PRE COURT DIVISION

 

Now, the reason why I am showing you this is that it is an example of the kind of crap you get from these catalogue companys EVEN AFTER they admit to NOT having a CCA at all let alone an enforcable CCA.

 

 

The best way to handle these idiots after a failed CCA request is to ignore them and file under 'WON'.

 

BTW, the original amount owing on this account was £128.44

 

It has now swelled to £347.55

 

An example of late payment charges and fees!

 

I think not!

 

A Notice of Default Sums under the Consumer Credit Act 1974, where they state that a “default charge” will be added to our account under the terms of our agreement as we have breached them.

 

What agreement?

 

An example of twisting the system by them for profit!

 

All you should do it straighten it out again!

Edited July 4, 2010 by RoyalIrish

[andyskelly]

hi,

i sent a letter to ndr using firstships advice. although its been a few weeks i have heard nothing back. perh aps they have got the message!!!!!

after reading your messages it makes you realize how much these companies try it on and how underhanded they are.

i wish you all the best in your battles with these companies and will keep you up to date.

andy

[sleepingdog]

Hi andyskelly , NDR may be quite but don't be surprised if other DCAs rear their ugly heads. I went though 7 DCAs after NDR before they realised that I would not play ball ( no CCA = no court action) ,they are all chancers yet because shop directs customers are often female DCAs often are able to get payments on unenforceable debts by their threats and intimidation.

sleepingdog