Shop direct finance

[mrsfedup]

There's a couple of questions I need to ask regarding catalogue debt.

 

Up until the end of May I was paying the agreed £50 per month on a debt which now stands at £541.85, however I must add that £48 of this amount is from charges.

 

The account had been refererred to a collection agency NDR money and this was the company I was paying £50 per month to.

 

I recently wrote to the company in advance to let them know that my situation had changed and that I would need to reduce my payments,

I also emailed my letters to them as well as sending my post..

 

The first instance of my contacting them was 17th of June 2011, this was ignored

I explained that I was waiting for JSA to be set up and paid into my account thus enabling me to make payments.

In spite of this I have received threatening letters and had charges put onto my account.

What I would like to know is can I claim these charges back, as I did make them aware of my situation?

 

In addition, last year I requested a CCA from this compnay, who stated that they "couldn't locate it", but argue that the statement of account is sufficient etc.

I have every intention of paying this account but I am most annoyed at their clumsy way of dealing with my account.

 

As you can imagine I have written several letters in the last few weeks in answer to their " you have made a payment" letters.All to no effect so far. I have written a formal complaint because I am sick to death of their unreasonable attitude, I have sent proof of income , proff of JSA and my previous letters in my complaint- again. They said they would resond by 13th September 2011.

The matter becomes further complicated as I tried recently to make a payment through the NDR website to be told that the compnay are no longer dealing with my account - I have received no notification of this and since it was unclear as to whom I'm supposed to pay - i.e. statements come through from NDR, and statements online from the catalogue company I requested clarification but - no answer.

I have decided to just pay £20 to NDR by cheque regardless, as they are messing me about and at least this way I will be making a token payment, which they can't argue with.

Any advice would be much appreciated- Thank you.

[miss muppet]

You are being more than reasonable with this Mrs Fedup, you would have been quite entitled to stop paying them due to the lack of agreement and the charges that have been added.

 

Think it would now be a good idea to send a Subject Access Request for which you will find a template in the Debt Collection Library.

 

Send £10 postal order and do not sign, this should go to the original creditor.

 

They may well have passed you on to a new DCA and your cheque could be lining the pockets of a call centre monkey so stop trying to pay until you feel they are playing fair with you.

[mrsfedup]

Thank you, I'm absolutely fuming with these idiots !

[coffeeangel]

Mrs FedUp, I totally feel your pain and annoyance with these numpties! My mother has an account and have had umpteen rows with them about payment dates as she pays this off with her pension. Now mother has got behind again and they just keep adding all these late and default fees. She's 75yrs old and no matter how much you try to stay calm and be reasonable it just gets too much.

 

For the past 2 weeks they have called incessantly and when I answered one day and pulled them up on this (that particularly fine day they had called 10 times!) The cheeky mare said "but we haven't actually spoken to her 10 times! Give me strength!

 

So now I'm gonna SAR them and I will be claiming back all those charges. I personally wouldn't pay them anything until you know exactly who is getting the money!

 

Best

 

Coffee

[mrsfedup]

Thank you for that. I do sympathise with your mother.

[miss muppet]

Mrs FedUp, I totally feel your pain and annoyance with these numpties! My mother has an account and have had umpteen rows with them about payment dates as she pays this off with her pension. Now mother has got behind again and they just keep adding all these late and default fees. She's 75yrs old and no matter how much you try to stay calm and be reasonable it just gets too much.

 

For the past 2 weeks they have called incessantly and when I answered one day and pulled them up on this (that particularly fine day they had called 10 times!) The cheeky mare said "but we haven't actually spoken to her 10 times! Give me strength!

 

So now I'm gonna SAR them and I will be claiming back all those charges. I personally wouldn't pay them anything until you know exactly who is getting the money!

 

Best

 

Coffee

 

Well done coffeeangel, don't forget you can also send them the harassment letter from the library and tell your Mum to say "in writing only" and put the phone down.

[seen this before]

if they haven't supplied an agreement they are not entitled to enforce the agreement full stop,if the account was pre apr 07 then its covered by the 1974 act and it may well be that they never had a signed agreement in the first place.

 

if you have never signed an agreement just refer them to s78 of the consumer act and their responsibilities under it.recently from reading they are trying to bluff their way out rather then writing off the debt and confirming this by letter where no agreement exists.

[mrsfedup]

Hi

I must confess i'm confused with this account. I'm really not sure where I stand now this has been going on for too long. They told me I would receive an answer to my complaint by 13th September 2011- I'm still waiting for a response.

They stated in writing that they had 'lost' - yes LOST by credit agreement but argued that the stsement of account is enough to enforce my paying them. Don't get me wrong I have every intention of paying my debt but this situation is ridiculous.

 

I checked my account today online and found that my access to this account had been stopped. When I wrote to them I informed that I would be paying £20 per month - now alothough they stated that 'NDR' whom they handed my account to is no longer dealing with my account - they were not slow in cashing my cheque. No I don't know what to do, I've half a mind to write to them again demanding clarification of the handling of my account, and stopping making further payments until they clarify it. I am FUMING.

Any advice greatly appreciated.

Thank you

[miss muppet]

Hi

I must confess i'm confused with this account. I'm really not sure where I stand now this has been going on for too long. They told me I would receive an answer to my complaint by 13th September 2011- I'm still waiting for a response.

They stated in writing that they had 'lost' - yes LOST by credit agreement but argued that the stsement of account is enough to enforce my paying them. Don't get me wrong I have every intention of paying my debt but this situation is ridiculous.

 

I checked my account today online and found that my access to this account had been stopped. When I wrote to them I informed that I would be paying £20 per month - now alothough they stated that 'NDR' whom they handed my account to is no longer dealing with my account - they were not slow in cashing my cheque. No I don't know what to do, I've half a mind to write to them again demanding clarification of the handling of my account, and stopping making further payments until they clarify it. I am FUMING.

Any advice greatly appreciated.

Thank you

 

Don't waste your time writing to them Mrs Fedup, they have had plenty of time to deal with this, you have their letter as proof that they have 'misplaced' your agreement, its not enough to have the statements if the "agreement" was pre 2007 as seen this before rightly states, if you haven't already sent them the SAR then do this now, they have forty calendar days in which to reply, if not advise the Information Commissioner. Just think of it this way that their unreasonable behaviour now will stand you in good stead if they ever take this to court. The more you take control of this, the more empowered you will feel.

[mrsfedup]

Thank you miss muppet. I'm just getting to the stage now where I am sick to death of dealing with them. It's not that difficult to review someones circumstances and agree a different payment plan surely.

[mrsfedup]

I'd like to update.

 

I sent a letter weeks ago basically demanding that they refund charges applied to my account that they had pushed up to £541.84!!!!!

My online account had been suspended and I could not have access to it.

 

However, I have had several phone calls which I have ignored asking me to phone them to "discuss" my account which I will not do because I simply do not trust them.

 

Furthermore,I was about to SAR them and I checked yesterday just to see if I could access my online account and I could AND charges had been refunded!

They credited £180, and then a further £48 the following day and also my payment of £20 -Making my balance £293.84! Thats the good news..now for the not so good news.

 

As my previous posts indicate I have done evrything in my power to explain my situation but it falls on deaf ears

- they decided that they want the payment of £293.84 in TOTAL by the end of the month!!!!!!.

 

How many times do these people have to be told?!

I've written AGAIN and explained AGAIN that my payments of £20 per month will continue.

 

- Any advice please, am I doing the right thing? I really don't know anymore.

[miss muppet]

If its a pre 2007 "agreement" they have mislaid then they are not entitled to enforce this but if you feel happier paying them back what they say is owed then continue paying the £20, they'd be pretty silly trying further harassment when you have been so reasonable.

[mrsfedup]

Thanks

I'll have to check for the agreement start date. Why are they not allowed to enforce it if its pre 2007?

I appreciate your advice as this problem is getting me down.

[miss muppet]

Thanks

I'll have to check for the agreement start date. Why are they not allowed to enforce it if its pre 2007?

I appreciate your advice as this problem is getting me down.

 

Wah! only a cold is allowed to get you down like mine at the moment. Because they can get away with a reconstructed agreement post 2007, back shortly with a link if I can find it.

[miss muppet]

here you go:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?314597-Challenging-Reconstituted-Agreements...&highlight=consumer+protection+regulations+2008

[mrsfedup]

Thank you

[dx100uk]

this is a catalogue debt

it is very very low priority

 

NDR are their own internal DCA

 

NO DCA has any LEGAL POWERS to do anything to you.

 

ignore all the phonecalls and letters

 

simply write to them and TELL THEM

they will be getting £XX for XX mts until your situation resolves itself

indicate that if they continue to add unlawful 'penalty fees'

that you will reduce payment to £1PCM forthwith.

 

dont spend heeps of time on this

it very low priority

 

as for the 'its unenforceable thing.'

 

how old it the A/C and when was YOUR last purchase?

it would be silly to start denying the debt because because of a 'paperwork error'

 

and i dont think this is your objective anyhow.

 

dx

[dx100uk]

also i hope they refunded the interest these charges cost you too, rather than just refunding the charges alone

 

dx