NDR debt recovery

[sytra]

Hello to the Consumer Action Group community, glad to be registered

 

Hi Maggie need some help I am contacting you on behalf of a neighbor who is terminally ill with MS he has asked for help.

 

I wrote to kays instructing them for the original agreement.

 

They wrote back saying they were unable to .locate

But enclosed a copy of the current agreement (blank agreement) which applied to this type of account

They say according to there records the account was opened in July 04 and that my neighbor agreed to pay every 28 days

 

I originally contacted kays when my neighbor received his first letter from NDR he then explained he had been receiving letters from kays but didn’t know what it was for so I contacted and spoke with a representative of kays to find out what the dept was for. She located the item and passed on the information. I asked my neighbor and he was unable to recall the item I told the operator at kays and asked for them to call me on my number for future correspondence

I received no call after about 2 months my neighbor started receiving additional amounts with the original dept I called kays again and said that we would be happy to pay the original sum even though the customer has no recollection of the item I awaited a return call ……. 1 month later an additional sum with the dept.

 

My neighbor has MS and was diagnosed in 1994 and struggles physically and memory loss kays have now passed on the dept to Moorcroft the original sum is around £80.00 the dept now is at approx £222 I would seriously value your assistance please please please help. He cannot afford to pay this dept and I feel he shouldn’t have to.

 

XIWOW, you would be better startting your own thread, that way answers wont get mixed up.

 

A blank agreement is not a valid response to your request, they know that, they just hope you dont..

try sending this but amend to suit,

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. I would now request you send me your official complaints procedure within 14 days.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

You need to remove the part saying that after 30 days they commited a criminal offence as that is no longer valid.