Help with NDR ( debt recovery)

Heffi1 · 22 February 2008 at 2:20PM

Thanks Lewis

jojo8787 · 22 February 2008 at 2:30PM

Iv had lots of dealings with natiowide debt recovery, as i had two accounts with them (passed on through littlewoods) for about 18 months.

They were annoying at best. I had numerous payment plans for them and yes mine were every 28 days as well. Its annoying but you just have to take that into consideration. If you cannot realsitic afford to pay back £60 a month, then dont, tell them you are dropping it to howver much you can afford. I rearranged mine and sent them two letters (one for each catclogue) saying i could no longer afford £50 a month each and included my proof of income etc, i received no reply back, so i sent again, all the while still receiving letters from them demading final payouts etc. So by the third time id had enough and blind blagged it. I told them that i had sought legal help, and basically if you could not organise it between your selfs to send me a decent reply to my letter, then do no expect to get one from me, and within 3 days the payment process for a lower amount was set up. I wrote a very storng ridiculing letter, telling them i knew my rights etc and they backed down. Moral of the story, they cant get blood from a stone, just be honest and use a little force if you have to, to make sure you both win.

ssteer · 22 February 2008 at 2:38PM

RAS wrote: »

Please never never pay a DCA by credit card or debit card. What they do is help themselves to your money in future, if fo instance they decide to collect the whol of the rest of the debt in one go, without telling you. And because you gave the number to the DCa, you have no comeback via the bank.

Similiarly re DDs as they can alter the sum.

Surely helping themselves to money just because they have my card details is theft?

lewis2758 · 24 February 2008 at 3:07PM

hi , does anyone know what the follow up letter is that i have to send once they have stated that they cannot find my CCA?

lewis2758 · 27 February 2008 at 12:34PM

anyone?????????????

RAS · 27 February 2008 at 12:44PM

Lewis

There is one for 12+2 days plus the 30 days beyond which they cannot chase you, but you might need to edit it slightly to cover your circumstances.

Will find it.

fermi · 27 February 2008 at 12:46PM

Something like this maybe:

Re: my request under s77/78 of the Consumer Credit Act 1974.

Thank you for your letter dated **/**/200*, the contents of which are noted.

However the information supplied DOES NOT fulfill your obligations to supply the information requested under sections 77/78 of the Consumer Credit Act 1974.

My request for a copy of my properly executed Consumer Credit Agreement remains outstanding.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into a disputed status.

My request remains outstanding.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on **12 Days DATE** and subsequently committed a criminal offence on **MONTH DATE**.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

I also require a copy of your internal complaints procedure as further action may be necessary.

I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

lewis2758 · 27 February 2008 at 3:30PM

thank you guys for all your help, i will let you know what happens once they receive this letter.

lewis2758 · 8 March 2008 at 10:42AM

hi guys, so i posted the letter like i said i would ABOVE , and i got a letter this morning from MOORCROFT DEBT RECOVERY LTD saying it had been passed to them now, and they want the whole lot or its going to court, surely if littlewoods could not produce a signed CCA then they should not pass it to anyone else, are they just trying to scare me into paying or should i be worried?

fermi · 8 March 2008 at 10:56AM

The account is legally in dispute with the original creditor, so it should NOT have been passed on.

NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As **original creditor/DCA** are now in default of my Consumer Credit Act request and OFT Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

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

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully

Help with NDR ( debt recovery)

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