Credit card wont help us, What to do?

fuzzgun19

file_wizzard wrote:

I think the first thing you need to clarify from NDR is has the debt been assigned to them, or are they collecting on the lenders behalf?

if the debt is marked as defaulted from the original lender, and has been "sold" or assigned to NDR then the interest changes are questionable to say the least.

Your action should be as follows;

i) Write to NDR request that they confirm if they are collecting the account on the lenders behalf ( unlikely) or if the debt has been legally assigned to them, if it is the latter then they should provide you with a true and certified copy of the dead of assignment.

ii) If the debt has not been correctly assigned then you need to negotiate with the original lender and find out why the DCA is still adding interest onto a defaulted debt ( this is not unheard of / but is now frowned upon by the office of fair trading )

I have a suspicion that the account still has something to do with the original lender(littlewoods-index card), as the NDR monthly statements still have the 'littlewoods-index' account number on.
Dont the collection agencies have their own 'reference number'?
And how could i contact littlewoods-index, as i dont have an old statement or card, as i think they're no longer in business?

file_wizzard

have PM'd you a taylor made letter !!

It includes a reference to keeping all communication to writing only, if NDR do get hold af any numbers for you they have a habit of making best use of them !

also some DCA’s will use the old account ref as their own, however as the letter will ask them to clarify who now "owns" this debt

fuzzgun19

file_wizzard wrote:

have PM'd you a taylor made letter !!

It includes a reference to keeping all communication to writing only, if NDR do get hold af any numbers for you they have a habit of making best use of them !

also some DCA’s will use the old account ref as their own, however as the letter will ask them to clarify who now "owns" this debt

Thankyou!
Could you tell me what the £1 postal order is for? and could i send it as a cheque instead?
Thnx

file_wizzard

fuzzgun19 wrote:

Thankyou!
Could you tell me what the £1 postal order is for? and could i send it as a cheque instead?
Thnx

Yep Cheque will do fine, it is payment of the statutory fee for requesting the information about your account / assignment notice

fuzzgun19

file_wizzard wrote:

Yep Cheque will do fine, it is payment of the statutory fee for requesting the information about your account / assignment notice

Thankyou. I will post the letter today.
When/if i get a reply from NDR, would it be possible to PM you if i need any further help?
I really appreciate your help, as this account has been like this for too long!

fuzzgun19

If it turns out that the debt is not assigned to NDR, then what do i do next? and what shall i do if they phone me to ask about the letter i sent as they do have my number?

file_wizzard

fuzzgun19 wrote:

If it turns out that the debt is not assigned to NDR, then what do i do next? and what shall i do if they phone me to ask about the letter i sent as they do have my number?

if the debt is not correctly assigned then it is unenforceable under the CCA, and NDR will be forced to return it to littlewoods / index

Unfortunately there is nothing to stop the original creditor re-assigning it correctly at any point in the future though

however by sending NDR the letter you will show them that you are not going to be bullied into paying unaffordable amounts, and that you are not going to be a soft target for them

Also if they do phone you after a direct request to contact you by mail only they are committing a criminal offence.

Keep a note of days / times and report them immediately to your local trading standards office and also the Office of fair trading

fuzzgun19

Its been 10 days now since i sent the letter, and i see they have cashed the £1 cheque i sent them so they must have received the letter.
The payment is due this week on this debt, Do i just pay it as usual or shal i wait to hear from them?
And what should i do if they dont reply to my letter?