Mrs SH v NDR

[Seahorse]

Unfortunately Mrs SH is about to lose her job, and so we have had to make the decision to tell some of our creditors that we will need to make reduced payments until we get back on our feet.

 

One of her catalogue companies, Marshall Ward reacted to this by setting Nationwide Debt Collectors Limited to work. NDR sent this letter on 24th July to her.

 

NOTIFICATION OF INSTRUCTION TO PROCEED

 

We have been instructed by our client Shop Direct Financial Services Limited to act on their behalf in securing repayment for the sum of £xxx in respect of purchases made from Marshall Ward.

 

Accordingly, we give notice that unless this acount is paid - or a satisfactory arrangement is made within 7 days, action will escalated to whatever level appropriate to recover this debt, starting with the Statutory Default Notice described below.

 

The next action that you will receive will be a statutory Fefault Notice which will request full payment of the arrears on your account to be paid within 7 days. Failure to do so will result in us sharing this default with licenced credit reference agencies, which will remain against your name at credit reference agencies for 6 years. This may affect your ability to gain further credit with other lenders.

 

Fine, we thought. We'll see how much money coming in, and write to each creditor with repayment proposals, until we have an appropriate income again.

 

Unfortunately, NDR spoilt that train of thought. They phoned this morning, and tried to get Mrs SH to agree a monthly figure over the phone. She tried to tell them that we weren't sure yet, but we would be writing to let them know. At which point he got a tad agressive and Mrs SH passed the phone to me.

 

I told Sam the Bam that we would be writing, and that there was to be no further contact by phone. Not so, he says, he'll phone whenever he wants. By now SH's blood pressure is dangerously high, but I managed to keep my voice down to a reasonable roar. The upshot of which is, Sam from NDR has incensed me to the point where I think, if he wants to play silly buggers, I'll oblige.

 

So NDR will be getting a letter telling them I consider any future contact by phone to constitute criminal harrassment.

 

They will also be getting a CCA request, and Marshall Ward will be getting a S.A.R - (Subject Access Request). This will put the debt in dispute.

 

And we'll sit down and work out exactly what the debt is made up of, and if any "extras" have been sneakily added in.

 

As I know full well that ther WAS no CCA, then their best bet will be to negotiate a settlement of some kind. And if they persist in attempting to recover the debt in full, they'll be told to feck off.

 

All you had to be was reasonable Sam from NDR, and your client would have been paid in full eventually. But you decided to be big and clever and bully Mrs SH. So if your client loses out, they can blame YOU.

 

By the way, no CCA or any other evidence of Mrs SH's consent to process data means a breach of the Data Protection Act. SO no right to record a default with the CRA's.

 

I wouldn't mind, but they have got all heavy over less than £200.

 

Eejits

[harrythehawk]

You are right, just take a very deep breath as this is only the beginning but you are doing the right thing, CCA, S.A.R - (Subject Access Request) and Harassment Letters, get them out and sit back, sure there will be calls but keep logging them and have a read around the site on tips of how to deal with them (it can be quite amusing reading what people do !!). For what it is worth I had a similar thing happen to me with a catalogue, similar amount, NDR letter, got rid of them with one CCA !! But please try not to worry, you can't give them what you ain't got ! Stand firm and do what you are doing and you will be in control, I know how you feel, I tried to be reasonable and nice at first only to have real bad hassle, just keep on going and don't be intimidated by phone calls or letters, they are like a very annoying yappy dog with no teeth so can't harm you and will eventually go away when they get tired, until then they will yap, you will win in the end though !!

[surprise]

SH

NDR are the pits once you send a CCA to them they respond with one of their Default Letters, usually backdated. You need to keep your envelops. Mine has been ongoing since 3rd March 07 and they keep processing your data. Mine is with TS at the moment.

 

I would go for a write off - as you say - No CCA.

 

good luck.

[Seahorse]

Thanks HTH. OK, here is the first letter that will be heading off in this afternoon's post...

 

Nationwide Debt Recovery Limited

PO Box 55

Liverpool

L2 2ST

Dear Sir/Madam,

Your Reference: Blah, blah

Account Number: Blah, blah

 

I am writing in relation to a telephone call received this morning with regard to your reference above.

 

As I was uncomfortable with the manner and tone that your representative was adopting, I passed the call over to my husband, who verbally requested that all further contact was to be in writing only from now on. Unfortunately, your representative, who’s first name I understand to be Sam (my husband did not manage to elicit a surname) appears to be under the misapprehension that he can call whenever he so wishes. I would be pleased if you would disabuse all your staff of the notion that they are free to interpret the law regarding telephone harassment to suit themselves.

In light of the above, I now require all further communication from your company to be made in writing only.

 

Please be advised that if you ignore my request, I shall consider that to be criminal harassment, and that any further harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading. You will no doubt be aware that this will mean you are liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded, and evidence gathered from such recording, including names, dates and times, and any other information that may be gathered from such recording, will be relayed as appropriate to the relevant bodies above in order to facilitate the appropriate action.

 

Yours faithfully,

Mrs SH

[Seahorse]

Why can't these people understand that annoying the sh1t out of people just gets their back up and dig their heels in.

 

A Mr Nice approach will go a long way, ensuring that their client gets paid. Unfortunately for their clients, a Mr Angry approach just means their victims will fight back with every weapon at their disposal. And I can't help but feel that at least some of these people get immense satisfaction from scaring vulnerable females.

 

If that's you, Sam, you are one sad, sick fecker. And it's just as well you were several hundred miles away on the end of a telephone line, otherwise I might well have been on bread and water at Her Majesty's Pleasure by now.

[surprise]

Another thing, NDR never sign for recorded delivery so its difficult to tell when they receive it. The only way I found out was that the credited the £1.00 to the account, for which I duly thanked them.

[harrythehawk]

Top letter !! Unfortunately for every CAGer who deals with them after reading up on here there will be 9 other poor souls who will fall for these tactics unaware of their rights and the law, that is why they are still in business. Just sit back on your sofa with a hot cuppa and a very smug look on your face, you have "Sam" and the gang on the back foot and in not too long a time on their backsides !! Keep on fighting !!

[harrythehawk]

When sending things Recorded Delivery you want a signiature for mark the envelope clearly "PAYMENT ENCLOSED", that way there is more chance of getting a signiature ..... obviously it isn't necessary to actually enclose a payment .... lol

[Seahorse]

Ah, but there WILL be a payment. I will also pop in £1 along with the following CCA request...

 

Please note that you are to consider that this account to be IN DISPUTE.

Therefore with reference to the above agreement, I would be grateful if you would send me a copy of the credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974.

You are not to consider the enclosed cheque to be an acknowledgement of any debt whatsoever, and that it is a statutory fee in respect of this request only.

 

I understand you are obliged to supply a copy of my credit agreement within 12 working days. Please be advised that, whilst you might consider your obligations extend only to providing a copy of the type of agreement in force at the time the alleged agreement would have been signed, you will need to produce the original agreement should an attempt be made to enforce any alleged debt through the courts.

If there is no agreement, please write to tell me so.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

You will also be aware that, as of April 2007, companies such as your now come under the remit of the Financial Ombudsman Service. And as such, if this dispute is not resolved to my satisfaction, I shall not hesitate to escalate my complaint to that body. You will also be aware of the financial penalties which may be imposed if the FOS decides to investigate my complaint.

 

I look forward to hearing from you.

 

Yours faithfully,

Mrs SH

[gypsumsif]

can you put the account in dispute straight away?

do you not have to wait until they default or commit the offence?

[Seahorse]

No. I dispute that me missus owes what they say she owes. Ergo, the acount is in dispute.

 

We will still be sending a letter offering (and it will include a payment for) whatever we can afford just now.

 

THEN when they default, they will get another letter telling them they have defaulted and that all payments will cease until the dispute is resolved.

 

If they try any backdated default chicanery, they will have fecked themselves good and proper. The letter as above states that a notice of default MAY be an iption. And is dated the 24th July. As they must give us 28 days notice, they can hardly knock one up to suit the dates.

 

Otherwise we WILL be going to court, but it is THEY who will be the defendant.

 

@rseholes. Oh, and we got a call from La Redoute this afternoon. Same scenario... they think they can just phone whenever they want.

 

Some people are going to get very fed up with daytime TV at this rate, because a) we'll be logging all calls, and b) once we have the relevant info that WE need, the phone will just be left beside the telly for a few minutes.

[Brassed off]

SH - subscribing:D

 

I think NDR will rue the day they ever messed with you;)

 

Bo x