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    • FINAL UPDATE.  I have not posted as the defence were reading the thread.  An agreement was reached on the day of the hearing.   I am unable to go into detail but for those in this position the forum has been priceless support and advice so thank you all in the site team.   for those going through this, follow the process, ignore intimidating tactics and threats and get to the Judge.  They are very supporting of those self representing.   I note her name has gone from the heading of the thread.  Was this them ?  Thanks again.  
    • I'm not sure what the "appeal" system asked but he said he definitely didn't indicate he was the driver so I'm just going to have to take his word for it. Honestly, I don't think the hirer will contact them. I think my brother will tolerate it. I did have a similar experience with another company 6-7 years ago and sought advice on here then to which you guys told me to ignore, I got the exact same DRP letters and then a "Gladstones Solicitor" letter.  After that nothing happened and it died away. Based on my experience with that I assumed the same would happen here but only asked to see if perhaps anything had changed since then.    Hopefully it doesn't get to court but if it did, I feel like we have enough evidence to sway a judge who probably hates dealing with this type of nonsense anyway. Or maybe I'm too optimistic. 
    • Your attachment showing the cinema parking restrictions seems crystal clear. Let's see what the photos turn up.
    • Meter certification periods re given in The Meters (Certification) Regulations 1998, Schedule 4. From there you can check if they are correct about your specific meter .. https://www.legislation.gov.uk/uksi/1998/1566/schedule/4 If they're telling porkies then you have e clear grounds to tell them to take  hike. If they're correct or if you haven't been able to confirm then you have  few options. You could just keep fobbing them off. In general Octopus can't keep up with demand for smart meters. It took 9 months to get our. So they may not push too hard. Or ask if you can install your own choice of meter. The Electricity Act 1989 cover this in Schedule 7 (2) and (2A) https://www.legislation.gov.uk/ukpga/1989/29/schedule/7 Or fight the them and their enforcement. Or go off supply.
    • We received a copy of the completed Directions Questionnaire (N181) from the solicitors along with a draft copy of their directions. I am on a course today so can upload over the weekend if needed. By 4pm on 16th May both parties must each give standard disclosure of documents by way of list by category. By 4pm on 30th May any request for inspection or copies of docs must be made and compiled 14 days thereafter. I will provide more over the weekend.
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NDR/Kays


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Hi. Received a letter from National Debt Recovery regarding my account with Kays catalogue. I'll be sending a cca in the new year. They have headed the letter 'Notification Of Instruction To Proceed'. It's the typical kind of threat-o-gram (ruin my credit file, court proceedings etc.) but then it just says if I just pay the arrears they'll review all default charges and everything will be hunky dory. So,does anyone know if these people have any weight or is it just kays trying to get a payment?

Thank you!

Paul.

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have you signed a cca,if the account was opened after april 07 it will be covered by the 2006 act,those before are effectively written off as long as you have not signed anything and the catalogue company will send a letter stating they will not be pursing the arrears,you will get various add on charges from ndr but these are meaningless and they will eventually stop,the account in dispute letter after the cca request prevents any other dca trying to exploit a unenforceable non existent cca.

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Re-claim the charges, did you apply for it on-line ?

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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dont pay any charges,send the two letters above cca first with £1,you will probably get back a blank cca stating this is their most up to date terms and conditions,then silly charges under the guise of "the substantial effort i have made in trying to contact you" people who have mistakenly contacted them continued to receive the same stupid letter,this is useless and in vain by them.i walked away at that point ignore ndr i received not pursuing letter,yes they will send statements in the hope of receiving £12 ignore these at all costs they will eventually stop.the debt is totally unenforceable.

 

they might try and get you to sign a consolidation up to date cca,some have reported this it did not happen to me,if it does ignore that too.

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I did apply for the account online. And yes I have been receiving letters stating that they have added charges due to the substantial effort they have made to contact me. Am I to take it they think they can ring me to the point of harassment and then charge me for the effort it takes to do so? Thanks for the input. I'll send the cca first week in january and see how it goes. I'm not going to worry about this lot over christmas.

Paul

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Thanks. The calls don't bother me too much. I just ignore them mainly. I've taken to unplugging the land-line in the evenings. I have a few dca's chasing me at the minute so it's just easier to unplug it and use a mobile. I can easily get up to 60 calls a day with all dca's combined. But kays have the nerve to send letters saying they've had to add charges because of their 'effort'.

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I'd slow down a bit and send SDR a Prove It letter. You have not been told your account is being assigned to a DCA - you should have received a Notice of Assignment. If this doesn't exist they can't collect the debt. I always ask them to prove it first - I reckon somewhere between 80-90% of the time this is all that is needed to get rid of the DCA completely as they cannot provide sufficient proof.

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I did apply for the account online. And yes I have been receiving letters stating that they have added charges due to the substantial effort they have made to contact me. Am I to take it they think they can ring me to the point of harassment and then charge me for the effort it takes to do so? Thanks for the input. I'll send the cca first week in january and see how it goes. I'm not going to worry about this lot over christmas.

Paul

 

 

i and many others have been through exactly the same thing,just calmly replace the receiver and ignore these people,it will stop they are relying on your response,send the cca request then the letter of dispute and above all ignore them ,it takes a while but this will all end.

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  • 1 month later...

Oops! I totally forgot about my kays account. Been dealing with way too many dca's since christmas. However, they havn't forgotten about me because today I received 33 (!!!) default notices. I'm guessing that it is one for each item I purchased from them?

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what actual letters?

 

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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  • 4 months later...

I am absolutlely delighted that my kays account has been passed to Lowell Portfolio.(just need one of my debts to go to cabot and I'll have the full house!) Received a letter from them yesterday to inform me that if I pay up they wont pass it to the collections department(?). I'll be sending a cca request this week but I was quite surprised to find that they have my email address and have started to email me too. No other dca has ever emailed me and I don't know how this lot have found my email address.

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i would think through kays?

 

did you use online stuff?

 

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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  • 2 weeks later...

i means they have setup a payment arrangement which is to their liking

would you like to agree to it?

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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Well I knew it wasn't going to be to my liking. The email I mentioned earlier in this thread said I could pay a pound a day. But since they have an arrangement ready and waiting, I'll ring them now! :madgrin:

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  • 1 month later...

Well lowells have finally sent my credit agreement - reconstituted obviously. Though they say that kays have assured them that I would have signed an agreement before being granted credit. Would it be best to just make an offer now?

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what isthe history please

and is this showing on your cra?

 

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 defaulted on my kays account about 6 months back. NDR have been chasing me since then and recently it was sold to lowells. I have never checked my credit file. I remember readin a post on here somewher that checking your credit file isn't really a good idea. Quite honestly, I don't care if I can never get credit again.

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they get your info from other sources anyhow

 

if a debt is not on your CRA why pay it?

 

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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