NDR/ Empire catalogue debt

[staceygarrity9]

Hi,

 

I purchased a cooker from my mums catalogue around 9 years ago.

About 6mths after my husband had a mental episode and was hospitalised and i had to give up work to look after him and our children.

 

As i couldn't afford the repayment each month to my mum the account was passed to me.

 

The debts started mounting up so we seen a debt specialist at the CAB office who sorted out all the debts and offered them all £1.00 each

(apparenlty we had to offer all debt companies the same amount).

 

Empire catalogue accepted the £1.00(shop diect) payment and everything was fine.

 

Then the debt was passed to droyds debt and collections services who accepted the £1.00 payments.

 

The on the 14th july 2008 i receieved a letter from NDR saying that they had took over the account and to keep on paying the amount offered of £1.00.

 

On the 21st march 2009 i received a letter telling me they were adding on £12.00 as payment not receievd

even though it has always been paid by standing order every 28 days and that they require the full amount - does state on letter £1.00 received.

This was the start of my problems with them.

 

I sent them a letter stating that they had accepted the £1.00 offer, and a copy of the letter,

to which they responded that that was now out of date and they now require £40.00 per month.

 

I wrote to them explaining my situation which now included the fact that i couldn't work as our son was diagnosed with a life threatening illness

so i have become his fulltime carer and included income/expenditure form.

 

I received a letter telling me that they were not going to accept the £1.00 but would hold interest on the account for 6mths, if i paid the £40.00 per month.

 

Since then they keep on adding £12.00 to the account which now stands at £800

- all the other debt have now come off my credit file and most were paid off when we had to sell the house 8 years ago, but it was the large debts we paid off.

 

NDR will not accept my £1.00 offer, nor will they accept a settlement arrangement,

as i asked them if i could settle the amount for a lower figure and they have turned me down.

 

This debt is still on my credit file as they never defaulted the debt but shows up late payment each month.

 

I did send them a letter asking for copy of my credit agreement which they sent me a blank credit agreement, but this was back in 2011.

 

I have had phone calls to them to try to lower the amount since and letters but they always turn it down, lowest amount they will take is £39.00.

 

I haven't had time to deal with this debt until now due to personal reasons beyond my control

but now i want to try to resolve the matter but i am getting nowhere with NDR,

told by them to speak to a debt advisor and get letter off them saying i can only afford £1.00per month,

which i did last week and three companies weren't interested due to the amount owed only being small.

 

 

Any help will be much appreciated.

stacey

[renegadeimp]

NDR are a well known [edit] dca. Never pay any of their charges, and never EVER contact them by phone. Only contact them by recorded delivery letter or email.

 

Again, dont worry about their charges, they are trying to unjustly enrich themselves, and are bordering on the criminal activity of obtaining money by deception.

 

Your next step should be to keep paying the £1 a month as they cannot refuse to accept it, and then enter a full complaint with both the DCA and the OFT who are the regulators. If you dont get a final response from the DCA in 8 weeks, you can escalate it to the FOS.

 

One thing to note is that you might get discount letters from them in the near future. If you do, then its assured that the debt is bad.

 

If you have any letters from them, could you post them up here minus any personal info or reference numbers? If they have added charges and amounts unlawfully, its a very simply matter to get them removed.

 

Again, stop worrying and ignore these chancers, and NEVER talk to them on the phone. If they call you, just say "in writing only please" and hang up. Overtalk them if you have to.

 

Also, can i ask if youve had any letters saying that they have bought the debt? Or are they acting on behalf of another DCA? Is anyone else chasing you for the debt at the same time as this outfit?

Edited September 17, 2012 by dx100uk
please do not bypass our word filter -dx

[staceygarrity9]

Hi, noone else is chasing me for the money only them.

The letters i receive are monthly statements from them with a letter attached which states : Notice of default sum, £12.00 charge for insufficient minimum payment.

Letters telling me to contact them regarding future repayments and an amount they want me to pay, between £39.00 and £40.00 on all letters.

Other letters are reguarding credit agreement which i am scanning to computer at the moment.

Edited September 17, 2012 by staceygarrity9

[renegadeimp]

Ok. Those £12 charges are classed as penalty fees, and are unenforceable.

 

As i said earlier, just keep paying the £1 a month and keep all communication between you and them. Should they even attempt to take you to court, a defence about this debt is a very easy one to submit. However, it's very doubtful they will go anywhere near it as they wouldnt want the court to see that they have added on unlawful fees purely to make a "quick buck".

[staceygarrity9]

this is the letter i received after asking for copy of credit agreement, with blank agreement.

[staceygarrity9]

This is the letter i receieved after i sent them the letter telling them credit agreement was unenforcable without signed agreement

[renegadeimp]

Please use paint and edit your letters. Names and account numbers can be seen when zooming in.

[42man]

Dear curs

 

I am in receipt of your recent correspondence dated (XXXX)

 

It seems apparent from your correspondence and despite me making my payments ON TIME every 28days via standing order, that you are deliberately manipulating and deceiving me into paying your charges (which I totally dispute). Your letter makes it quite clear that they are a penalty.

 

You will be fully aware of the Consumer Protection From Unfair Trading Regulations 2008 which are tied in with your own 'governing' body's 'code of conduct' I am sure I do not have to remind you of either that code or the Office Of Fair Trading's guidance on debt collection.

 

In order to gain a credit licence you should have a complaints procedure, I now require you to forward this to me. If you do not do this within 7 days, then apart from informing the Office Of Fair Trading, I will open up a case with the Financial Ombudsman Service who will charge you £450 just to investigate my complaint. I will also pass this on to my local MP.

 

I expect a response with your official complaints procedure within 7 days.

 

I trust this makes my position completely clear.

[42man]

Send the above recorded too....have you considered sending a SAR to the original creditor ?

[staceygarrity9]

Hi, thanks for that, will look at doing a SAR and a copy of that letter later tonight for sending tomorrow. your help is very much appreciated.

stacey

[dx100uk]

yes time to get reclaiming!!

 

i've mved this thread to the mail order forum

 

plenty of like threads here to read.

 

dx