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Help with NDR ( debt recovery)
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# 1
shariatlanta
Old 05-12-2007, 12:56 PM
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Join Date: Feb 2006
Location: woolwich
Posts: 206
Default Help with NDR ( debt recovery)

I have a debt with Littlewoods catalogue which has been passed over to their debt recovery dept NDR, I have been paying it off as best as I can and in October I set up a standing order fo 60.00 per month, can't really afford that much but just want to get them off my back. The problem I have is they want the money every 28 days but as I have explained to them I only get paid once a month, this means that this month I have incurred a 12.00 admin charge, it will be the same next month because they want the next payment on 17th Dec and I don't get paid till 22nd.
How can I get it transferred to a another agency that will accept monthly payments, at the moment for every 60.00 I pay only 48.0 will come off the debt.
Paid off so far Natwest overdraft 1900 Kays catalogue 200 Personal Loan 2500 Tax Credit 1300 J D Williams
Still to go Barclaycard 880 Sainsburys CC 38.80 Littlewoods CC 208 Vanquis CC 390 Littlewoods Cat 821.38 Next 75.26
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# 2
Gale_10
Old 05-12-2007, 1:20 PM
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Hello there,

I have an account with Littlewoods, which is not in arrears or anything, and I have written to them and asked for a CCA, which is a consumer credit agreement. If they don't have it - and I am pretty darn sure they don't - I don't have to pay it.

And, if they don't have one for you, you don't have to pay it either!

Its like this. Catalogue companies in particular are very greedy, and get people to take out credit with them as soon as possible. The are in fact so greedy that they don't do their paperwork properly. The law says they must have this CCA, so you know what you are getting into, but then they have to send it to you, you sign it and send it back to them, and they really don't want to wait. So they don't bother. But then, when we find out about it, we don't have to pay them.

Thank you very much Littlewoods.

Here is a template letter which you could send:

Littlewoods Shop Direct Home Shopping Limited,
1st Floor,
Skyways House,
Speke Road,
Speke,
Liverpool
L70 1AB

Dear Sir/Madam,

Re:− Account Number XXXXXXXXXXXX

I do not acknowledge any debt to your company.

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

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

We understand a copy of our credit agreement should be supplied within 12 working days.

We 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.

We look forward to hearing from you.

Yours faithfully
Your name



Now if they can't send it in the 12+2 days, they are officially in default, and if they cannot send it in 30 days, they are committing a criminal offence.

Mostly likely, that is the last you will hear of them.

Incidentally, some people feel that you have a moral obligation to pay the debts anyway, but I do not feel like that. If Littlewoods could use the law to make someone pay, they would do so ruthlessly and mercilessly. So a little bit of their own medicine will do them the power of good, in my opinion.

Gale


Littlewoods 457 requested CCA 30.11.07
As at 30/11/07!

Successfully reclaimed charges from Barclaycard, A+L in my sights now.

All debts interest free now!

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# 3
shariatlanta
Old 10-01-2008, 1:32 PM
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Join Date: Feb 2006
Location: woolwich
Posts: 206
Default NDR ongoing saga

Well I did what you said and requested a copy of credit agreement, have waited 40 days and then rang them only to be told they don't have one on file which means I've never signed anything. Up until now I've been quite happy to pay them off monthly but yet again I've had another letter from NDR saying they want the whole lot or it's to be paid every 28 days. I've even asked for it to be transferred to another agency but they say they can't as yet.

Now I don't feel like paying it at all as they.ve been so unhelpful, what's my next step.
Paid off so far Natwest overdraft 1900 Kays catalogue 200 Personal Loan 2500 Tax Credit 1300 J D Williams
Still to go Barclaycard 880 Sainsburys CC 38.80 Littlewoods CC 208 Vanquis CC 390 Littlewoods Cat 821.38 Next 75.26
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# 4
donnalove
Old 10-01-2008, 5:30 PM
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Quote:
Originally Posted by shariatlanta View Post
Well I did what you said and requested a copy of credit agreement, have waited 40 days and then rang them only to be told they don't have one on file which means I've never signed anything. Up until now I've been quite happy to pay them off monthly but yet again I've had another letter from NDR saying they want the whole lot or it's to be paid every 28 days. I've even asked for it to be transferred to another agency but they say they can't as yet.

Now I don't feel like paying it at all as they.ve been so unhelpful, what's my next step.
well don't pay them anything until they produce the agreement, if as you said they don't have it there is nothing they can do.
as the 30 days has past they are in default, i think there's a follow up letter but not sure where to find it. you must report them to the relevant authorities.
once you recieve the letter from them stating that they can't chase you, you can either: offer a reduce settlement iE a third of what you owe them and ask them to mark your credit files as satisfied, or pay nothing not a didley squat and put up with 6 years of having the default on your file.
i chose to put up with 6 years of default, but now i can't use my abound/additions as they are now a connected company.
umm now there's a thought maybe i should, ask them for my cca........lol

donnalove
xx
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# 5
lewis2758
Old 22-02-2008, 11:52 AM
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Join Date: Feb 2008
Posts: 11
Default please advise me too anyone!!!

hello , i recently requested my cca from littlewoods as i was been hounded by NDR.

i got a reply from them saying:

we have received your letter dated xxxx
unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account, this version includes all contractual variations which have taken place.

The letter they sent with it was a standard copy of a credit agreement stating the terms of contract, but it does not have my name , address, or signature anywhere on it, only spaces for me to fill in and sign.

Does this mean they dont have the agreement and i dont have to pay them, and if so what do i do now?
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# 6
ssteer
Old 22-02-2008, 11:56 AM
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NDR got really shirty with me when I asked to set up a standing order. I was told it had to be by debit card or at the post office but I haven't got a very good memory so I'd forget to pay by debit card or go to the post office.
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# 7
RAS
Old 22-02-2008, 12:24 PM
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Quote:
Originally Posted by lewis2758 View Post

Does this mean they dont have the agreement and i dont have to pay them, and if so what do i do now?
Hi That is precisely what it means. You need to send the bogoff letter to them


Quote:
Originally Posted by lewis2758 View Post
hello , i recently requested my cca from littlewoods as i was been hounded by NDR.

i got a reply from them saying:

we have received your letter dated xxxx
unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account, this version includes all contractual variations which have taken place.

The letter they sent with it was a standard copy of a credit agreement stating the terms of contract, but it does not have my name , address, or signature anywhere on it, only spaces for me to fill in and sign.
What they are hoping is either that you do not knwo the law or even better from their point of view, is that you do not know the law and will sign the form and send it vbbakc, which means that you become liable.

Will post bogoff letter as soon as I can.
The person who has not made a mistake, has made nothing
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# 8
RAS
Old 22-02-2008, 12:26 PM
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Quote:
Originally Posted by ssteer View Post
NDR got really shirty with me when I asked to set up a standing order. I was told it had to be by debit card or at the post office but I haven't got a very good memory so I'd forget to pay by debit card or go to the post office.
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.
The person who has not made a mistake, has made nothing
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# 9
lewis2758
Old 22-02-2008, 12:29 PM
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Join Date: Feb 2008
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hi RAS , thanks for your help i will keep a look out for the letter, i really hope ppl dont fall for that and sign the letter they send out and send it back, lol ,
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# 10
Heffi1
Old 22-02-2008, 12:36 PM
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Join Date: Nov 2007
Location: North East
Posts: 1,103
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Hi everyone,
Can I ask a quick question, if you applied for a catalogue online does this mean that there is no CCA to be had or do they have the form you would have signed online to be used as a CCA. If that makes sense!

Heather.
'Proud To Be Dealing With My Debts'
Debt at 31st December 2007 23,100.46, Payments made so far 11,186.96 Payments still to be made 11,913.50
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# 11
lewis2758
Old 22-02-2008, 1:01 PM
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Quote:
Originally Posted by Heffi1 View Post
Hi everyone,
Can I ask a quick question, if you applied for a catalogue online does this mean that there is no CCA to be had or do they have the form you would have signed online to be used as a CCA. If that makes sense!

Heather.

hi there, some websites now use a simple tick box which is meant to represent your signature aftre reading the credit agreement, if you ticked a box like that , they will argue that this is your online signature, but if you were never asked to tick a box as a signature, then i think the same rules apply, best to get a second opinion though.
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# 12
Heffi1
Old 22-02-2008, 1:20 PM
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Thanks Lewis
'Proud To Be Dealing With My Debts'
Debt at 31st December 2007 23,100.46, Payments made so far 11,186.96 Payments still to be made 11,913.50
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# 13
jojo8787
Old 22-02-2008, 1:30 PM
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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.
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# 14
ssteer
Old 22-02-2008, 1:38 PM
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Join Date: May 2007
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Quote:
Originally Posted by RAS View Post
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?
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# 15
lewis2758
Old 24-02-2008, 2:07 PM
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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?
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# 16
lewis2758
Old 27-02-2008, 11:34 AM
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anyone?????????????
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# 17
RAS
Old 27-02-2008, 11:44 AM
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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.
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# 18
fermi
Old 27-02-2008, 11:46 AM
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Something like this maybe:

Quote:
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
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# 19
lewis2758
Old 27-02-2008, 2:30 PM
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thank you guys for all your help, i will let you know what happens once they receive this letter.
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# 20
lewis2758
Old 08-03-2008, 9:42 AM
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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?
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