Northern debt recovery email threat

[Indebted1971]

I have been rceiving on and off emails from both northern debt recovery and marshall hoares baliffs about the same debt on and off since about April. They are basically the same email over and over saying that if i dont contact them before a date in April 2011 (even in an email sent months after that) they will take me to court for an unpaid telecomms debt. It is for £140 including their DCA charges they listed. Normally I have just ignored the email as they have never bothered to write to me formally at my address.

 

The email is always from the same person some Greg Campbell - NDR

 

Tonight I have received an email accusing me of providing the original creditor with fradulent information in order to be granted that credit in the first place. He said if I dont contact him by tomorrow to pay this money he will send my file to the police. I know that I have never committed fraud in my life but this has really bugged me. Is this a usual DCA scare tactic?

 

Here is some of the email copied and pasted.

 

We have reason to believe that you have supplied our client -.................... - with potentially FRAUDULENT information inorder to obtain credit.

 

THIS IS A SERIOUS MATTER which must be dealt with IMMEDIATELY to avoid further action.

 

Call 0843 381 0843 IMMEDIATELY failure to do so may lead to this matter being passed to the Police

 

According to records you applied for and took credit with ...... on ........This debt now totals GBP .....

 

If we do not hear from you by end of tomorrow we will be passing this file to the Anti Fraud Department who will then perform further traces.

 

If this proves to be an attempt to defraud then you will be charged for the extra investigation and the file handed to the Police to pursue as a criminal matter.

 

We would much rather avoid involving further third parties as it will become much more serious and expensive for you, and time consuming for us.

 

CALL NOW TO AVOID FURTHER ACTION

 

Surely if they was really investigating me for such a crime they would not tell the person before going to the Police.

 

Should I complain to the Police myself or is there no point. I know this company has no proof as I have not given false info.

[padja]

I would personally print off email go to police and speak to them, I personally think this has crossed a serious line and needs looking at by professionals, could I suggest you try and contact PlodderTom he is very experienced with this and will give you some very good advice

[Indebted1971]

Thanks Padja I will do.

[Indebted1971]

I have just called the non emergency Police line and she said I could make an appointment but it might be best to wait to see if they send another as further evidence.

[ScarletPimpernel]

I think this falls squarely into the OFT's definition of an unfair practice - 'applying psychological pressure'. In addition it is unlikely that their charges are allowable.

 

NDR are, of course, in reality Toothfairy Finance, whose activities have attracted disapprobation from the OFT and indeed some MPs.

[Indebted1971]

Yeah i noticed that NDR are part of toothfairy earlier on which is strange as this debt was nothing to do with a payloan, do NDR and Marshall get involved with other debts like telephone company ones.

 

I already reported Marshall Hoares to trading standard who then spoke to OFT back in June for quote a dormant company name in their emails. They said that it is actually legal to have an active consumer credit licence even if you are registered as dormant at companies house. Which seems odd to me. But supposedly Marshall Hoares has restrictions already placed on its licence. I find each time I have ever talked to OFT about dca over the years I have got nowhere.

[cerberusalert]

I thought NDR were the in-house collection arm for Littlewoods catalogues et al.

[ba85]

I have received several very similar emails in relation to a payday loan. They have added £400 in charges and admin fees and demand immediate payment and accused me of fraud. They are all from Greg Campbell at NDR. The email address they are sent from can't be responded to and they don't have an email contact on their website.

I have complained directly to the OFT in relation to the requirements placed on CIM Technologies/NDR and they have requested all correspondence they have sent me and asked me to provide a witness statement.

[Indebted1971]

That is interesting ba85, did you complain to anyone in particular at OFT? Did you end up receiving lots of the accusing of fraud ones? I have received numerous of their more normal ones, usually once a day between April 2011 and June 2011 then suddenly this fraud one today.

 

Will definitely be complaining to the police if I keep getting the fraud accusation one. That is just a step to far.

[ba85]

I can't put the email address in my reply without getting an error about my post count, but if you complain to Consumer Direct and specifically mention the OFT 's requirements placed on CIM Technologies/NDR and how you believe they are in breach, they should forward your complaint to the OFT or possibly via your local Trading Standards dept to the OFT.

[Indebted1971]

what was the requirements put on CIM/NDR? not to harass people ?

 

In my case there additional charges have amounted to about £50 rather than the hundred I have seen in your case and a few others looking at the some similar threads. My problem is more the accusation of fraud which I do not appreciate as I am sure you didnt as well.

[Indebted1971]

hmm double posted for some reason

[ba85]

If you google OFT CIM Technologies it should be the first link. One of the requirements is to not make any misleading representations as to the action it might

take or might be taking to recover a debt.

The accusation that I was defrauding their client really got to me, although it's obviously a scare tactic. For a start, breach of contract, is a civil matter and if they really did think it was fraud, I very much doubt they would have told me before contacting the Police.

[Indebted1971]

great thanks ba85, will look into it more during the week.

 

Have just sent a reply asking them whilst NDR is writing to me when supposedly MH notified me in May that it had been assigned to them. Not sure if it will get through them as you said emails bouncing back but it made me feel better to question them a bit anyhows

[DonkeyB]

To accuse you of fraud is also a gross libel. You should consult Messrs Sue, Grabbitt and Run.

[Seminole]

Yeah i noticed that NDR are part of toothfairy earlier on which is strange as this debt was nothing to do with a payloan, do NDR and Marshall get involved with other debts like telephone company ones.

 

I already reported Marshall Hoares to trading standard who then spoke to OFT back in June for quote a dormant company name in their emails. They said that it is actually legal to have an active consumer credit licence even if you are registered as dormant at companies house. Which seems odd to me. But supposedly Marshall Hoares has restrictions already placed on its licence. I find each time I have ever talked to OFT about dca over the years I have got nowhere.

 

It may be legal from their point of view but not from a company law point of view. A dormant company is essentially just that- dormant. It can't have any accounting transactions in an accounting period other than the payment of the annual return fee to Companies House and certain transactions around its share capital. You have to pay a fee to get a consumer credit licence and a company that purchases one can't be dormant.There is, however, a potential timelag of up to 21 months in which a company could be shown as dormant at Companies House but actually be trading.

[ScarletPimpernel]

Many financial companies use dormant companies, including the big banks. You will find that the dormant company employs no staff, and there will be no transactions in their accounts. All the staff are employed by the parent company, and all monies will go into the parent company account. On paper they are not trading.

 

It strikes me that writing to someone using the letterhead of a dormant company, and/or telephoning and pretending to be a dormant company (rather than the parent), is clearly communicating in a misleading manner, and thus contrary to the OFT Guidance.

[Indebted1971]

Yes i agree it did seem misleading to me but trading standards sent the email to oft back in may and they said they were not concerned by it.

[geordieman]

I thought NDR were the in-house collection arm for Littlewoods catalogues et al.

 

NDR Money (Nationwide Debt Recovery) are the in house moneys for Shop Direct lot.

[Indebted1971]

Hi can anyone advise me if having a debt with a telephone line provider falls under the consumer credit act as well? Problem is I have a debt with one and I am being chase simulatanously by two DCAs for the same debt and want to use one of the template letters saying that it is against OFT guidelines.

 

Any advice much appreciated

[dx100uk]

no

 

tell us more

 

dx

[Indebted1971]

it with regard to this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?325416-Northern-debt-recovery-email-threat&p=3603405#post3603405

 

I just want to deal with one DCA and not both of them emailing me simultaneously every day.

[dx100uk]

is the debt yours?

does it show on your CRA file?

 

please keep to one thread

 

dx

[DonkeyB]

It doesn’t have to come under the CCA to fall foul of the debt collection guidelines.

[Indebted1971]

yes the debt is partly mine. I only agree with half of 141 that they are claiming i owe. I have been in dispute with the original people for nearly a year. I keep getting alternating emails from NDR and MH which you can never reply to. Yet I have only received notice of the debt assignment to MH and never any reason as to why NDR except from what I have gathered looking at other threads here where they seem to work in tandem.