NDR Money & K&co. debt - help

[geordieman]

Hi all

 

A couple of my partners catalogue accounts have been passed to NDR Money. I seriously regret setting up a payment plan with them, not because I don’t want to pay back what I have borrowed but because of the way these characters add charges to the account. I semi understand late fee’s, I semi understand over limit fee’s BUT just because they can’t contact me they charge me £12.00 EVERY TIME

 

This is the latest ‘fine’ I have (and there have been loads of these)

 

“As a result we have applied a £12 administration fee on your account due to the substantial amount of effort I have made in trying to contact you”

 

So let me get this right. They try to contact me (letter NO, email NO, answer machine message NO) and because I didn’t pick up the telephone at the material time they rang I get hit with £12 x as many times as they try to contact me!

 

Absolutely disgraceful abuse. Can anyone think of a suitable reply? I’m not that good at letters and I am seriously thinking of making a complaint to OFT.

 

Also should I CCA them (NDR) or the catalogue company?

[geordieman]

Oops ..I will upload the letter (i left some personal stuff on the original)

[cerberusalert]

Can anyone think of a suitable reply?

 

Dear Sirs,

 

With reference to your 'Adminstration Fees' I refer you to the reply given in the case of Arkell v. Pressdram (1971).

 

Yours,

[geordieman]

Dam ...I cant seem to upload thet letter after I have edited my original post ...oh well

 

You get the gist

[the_shadow]

hahaha I would LOVE them try and justify that charge in court... what chancers.

 

S.

[Bazooka Boo]

With reference to your 'Adminstration Fees' I refer you to the reply given in the case of Arkell v. Pressdram (1971).Yours,

 

I'd do that over the phone....just because I'd like to hear their response...

 

Geordie, it matters not one jot, what or how many fees they add to your alleged debt, YOU WON'T HAVE TO PAY THEM!

 

Keep a record of all of your payments, once you have paid off exactly what you owe, nothing more, then you can stop paying.

 

They will never go anywhere near a court and no Judge will ever force you, or anyone else for that matter, to pay fees or charges, just sit back in the knowledge that they cann add as much as they want, they ruddy well won't get a penny of it.

 

As these are catalogue accounts, how old are they, and have they given you proof that they can collect on this?

[alfwithhair]

Mrs Alf had these clowns after her for an old Marshall Ward account before the CAG days, trying this £12 admin fee on.

Added £12 once because 'you failed to discuss this serious matter on the telephone resulting in us having to incur further expence by writing'

She did exactly as mentioned in the previous post, paid the outstanding balance before they started adding their stupid charges. They must have sent about 50 letters and just as many phone calls threatening everything if she didn't pay the fees, but no court action or anything else came of it.

 

They cocked her credit file up, but that wasn't of any importance as all her other creditors had beaten them to it.

File has never been updated in 3 years, just says 'status unknown'

[geordieman]

Hi

 

I have set up a payment plan with NDR (Nationwide Debt Recovery) for a set amount I pay regular every 4 weeks. It related to a debt with K & Co who are now part of Shop Direct. I used to pay this online via their website but last month, because I only had 2 month left, I set up x 2 re-occurring payments (one for each of the payment days). This would save me the hassle of trying to remember when it was due and would be done automatically.

 

This months payment has just gone thru leaving me with only next months payment. HOWEVER immediately after taken this they started to take more payments of the same amount and were successful taken 4 more that has now left me with no money until 28th of this month! I can see from my emails that they are still trying to take out the same amount of money and so far have tried & failed 50 times!!!

 

I have rang my bank who said because I set up a re-occurring account and because it was with VISA they could not block it or refund it. I would have to contact NDR for them to look into.

 

I do have a account with VERY that I am trying to arrange a payment plan with ( they too are part of Shop Direct) but surely they cant just simply get NDR to simply dip into my account when they are collecting money for as part of an agreed payment plan for something else.

 

Im fuming and now I have no money for over 2 weeks!!

[cymruambyth]

Cancel your card, so it was lost or stolen and tell your bank that they were unauthorised payments. I would also write/ fax/ phone NDR. 1stcredit took payments out of my account I phoned and threatened the world and the money was refunded. A possible problem is that if the card is cancelled you may not be able to get the money refunded to it.

[geordieman]

Hi

 

I have cancelled to the that the payments were taken from to stop any further payments in the future. I cant ring them because it is my wifes account and she doesnt like getting into conflict with these. I have send them a message from within their website account asking them what they are doing etc. But I could do with some sort of letter template? So I can sent them ...god I'm fuming (and panacking)

[cymruambyth]

Could your wife phone and authorise you to talk on her behalf?

[dx100uk]

if they did not write to you informing you then either do a chargeback of invoke the DD gurantee.

 

dx

[geordieman]

Cheers DX .. I set up the auto pay for x2 payments thats all. I have had no letters/messages or anything, just my usual statement and was looking forward to my first debt being paid off but now there is x4 what I was paying each month credit in the account that I cant get at. They guy from my bank said he is going to send me something that I will fill in, then he said they contact the company to verify they have a right to have it, if not, because its VISA then I can get my money back. Is this 'charge back'?

 

I have a feeling this will take a little while but the problem I have, the extra they took, was to see me & the missus until the 28th - food/bus/train - its only about £120 but for me thats a lot! I dread to think what would have happened if this had happened when I got paid and all the failed 50+ withdrawls had gone thru !

 

I dont think it was a DD - It was something I set up on their website - Pay Now/Later/re-occur/amount etc

 

But why have they taken all of this?

[cymruambyth]

Yes that is charge back.

 

As for why they have done it ...... an administrative error for which they will be very sorry. Some cynics may put forward a slightly less favourable reason:jaw:

[merlin100]

Its becoming very true more and more each day that direct debits cannot be trusted. Essentially you are giving strangers ( and in many cases, unscrupulous strangers) free access to your account.

I posted on here not so long ago how Vanquis took the wifes monthly payment ( by DD) and then took it again the very next day - Theyve done that twice now.

This month they were supposed to take £111 - instead they took £261.

My days of Direct Debits have now gone. If anyone tells me that the only way I can get something is to pay by DD, then I walk away from it.

[dx100uk]

DD has a guarantee

 

the company taking the money MUST inform you in writing before they take anything each and EVERY time

 

if they have not done this YOUR BANK must refund it ...endoff.

 

as for chargeback

the bank guys got it 50% correct.

 

phone him up again and tell him the amount must be refunded IMMEDIATELY - they must do this

and do there investigation AFTERWARDS

 

if you dont get anyjoy with him ask to speak to

a superior and KEEP going up the chain

until your get someone that understands how chargeback works.

 

if you get no action, phone the VISA centre direct and do it by them.

 

dx

 

 

http://whatconsumer.co.uk/visa-debit-chargeback/

[geordieman]

Could it be because I have a debt with Very (owned by shop direct as well) and was at one point handed to NDR to manage but then was passed back to Very, this was a completely different account number to this one though and this one is showing as in credit.

 

What I'm trying to say is sometimes a bank will try to take money from another account to pay ie, barclays/egg etc

[cymruambyth]

The bank only offsets different accounts when they own them both ie a credit card or loan and bank account.. A company cannot take unauthorised payments for random accounts.

[geordieman]

Just a quick Q as I cant find the answer

 

If I send a CCA to a company that is requesting payment and they cant supply the agreement then they cant legally request money? Basically I want to stop paying them and deal directly with the original creditors.

 

If they do supply one then I have no choice?

 

Or am I getting confused?

 

Ta

[BRIGADIER2JCS]

Just a quick Q as I cant find the answer

 

If I send a CCA to a company that is requesting payment and they cant supply the agreement then they cant legally request money? Basically I want to stop paying them and deal directly with the original creditors.

 

If they do supply one then I have no choice?

 

Or am I getting confused?

 

Ta

 

Need a little more detail to form an opinion,

what was the reply from the CCA request?

what type of account is it?

how old is the account?

Note, reconstituted agreement can

be produced and if correctly constituted

be enforced.

The lack of the agreement does

not mean the debt does not exist, the

only restriction is that it cannot be enforced

in court but the creditor/DCA can start proceedings.

 

Brig.

[geordieman]

Okay sorry

 

The acct is with a catalogue company that NDR is 'looking after' Ive been making regular payments but I am pig sick of their charges being added on

 

I basically want to avoid them and pay the catalogue company (i can still log on )

[rebel11]

Hi geord

 

Have a read of 5 and 6 in my signature.

[BRIGADIER2JCS]

Hi, you could take matters in to your own hands

and make payments direct, but it may be more trouble

than it's worth.

Is the balance very large/small compared

to the NDR charges?

[dx100uk]

get reclaiming those charges

they are unlawful.

 

dx

[dx100uk]

threee threads merged on the same debt

please keep to one debt for sake of previous advice.

 

dx