Help with NDR debt

razer12121

Hi guys pretty new here, but after god knows how long not being able to pay my debts im not not paying stupid amounts of CSA and am able to start paying them of, so i will start with the first...ive a provident lone which i pay at least £50 a month of,

i only earn £488 a month and have 2 kids which i pay £30 into both there banks each month, to top this i also give them both pocket money and take them both out each weekend so i props easily spend around £100 on them.

now the problem im having is with NDR i had an additions direct catalog and suddenly my ex and me had a fall out, she contacted CSA they didnt belive me that i was paying and i suddenly owed them £1100 bad times...so i struggled to afford £10 a month on my catalog and then suddenly they upped my intrest and things started going on the account (by now pay later) they styarted to add £50 a month on! so in the end i ran, i know its not good but there wasnt much else i could do, anyway ive had NDR on my back for ages now, they wouldnt stop calling my mobile 1-3 times a day so i changed it and now they are calling me each day at work!! its about £1500 that i "owe" them but in reality its about £600 the rest is there charges and such, either way i was reading up about the [FONT=&quot]Consumer Credit Act...now im happy to pay back what i owe, at the end of the day i bought stuff from them so im happy to pay it back but they exspect double of me...does anyone know where i stand? and no i didnt sign anything when i opened the account back in 2007 (it was last year the problems started,

thanks for any input/help guys
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Tixy

Hi

Was the account opened before or after April 2007? If before April 07 you may be able to go down the route of requesting the CCA and if its not compliant (or they cannot provide it) you could offer a low full & final settlement to get them off your back.

If its after April 2007 then its more difficult (as the law relating to CCAs changed then), you still might be able to offer a full & final settlement but they would probably want a higher figure to settle (which I guess you would not be able to afford at the moment)

razer12121

yes i opened it before april 2007, ive still got statments from then. i wouldnt be able to pay it of in one hit so how would i stand there?? thanks for having a look by the way, ive been getting so down about it, and now everyone at work knows im in debt so unhappy

Tixy

Sorry I skim read and didn't see the telephone harrasment - you can send this letter to stop them calling you at all - http://forums.moneysavingexpert.com/showpost.html?p=26867957&postcount=15 - if they don't cease then do report them - if you have already been defaulted on your credit report for this debt (which I guess you will have been) you might also want to consider going down the CCA route as this will buy you some time and may give you some negotiating power. Never in doubt is the man to advise on this here - http://forums.moneysavingexpert.com/showthread.html?t=2060575

razer12121

ok, well ive already had my manager tell them that its my work number they are calling on and that im not aloud to take personal calls, so far its worked however ive been finshing work at 11 in the morning so i should ask if anybody calls me. i dont want to go spaming his thread so would it be a better idea if i pm'd him? thanks again

fermi

razer12121 wrote: »

ok, well ive already had my manager tell them that its my work number they are calling on and that im not aloud to take personal calls, so far its worked however ive been finshing work at 11 in the morning so i should ask if anybody calls me. i dont want to go spaming his thread so would it be a better idea if i pm'd him? thanks again

You won't be 'spamming' his thread. The whole thread is for people to ask questions on, if you see what I mean.

Also have a careful read through of the info in the link below.

Link:>>>> Factsheet | Catalogue debts

razer12121

ok, i got my CAT in 2006 does this mean that the law can declare my agreement to be unenforceable? sorry please bare with me im not very well educated in the whole law thing and was rubbish at school (typical carefree kid) i regret it painfully, either way i tend to struggle to understand all this law talk, im going to have a red now and see if i can understand it fully

Tixy

Hi Razer,

It might well be, but it will depend on the specific terms in the original agreement (and if the all the required 'prescribed terms' were on it). Do have a read of the first couple of pages of that thread, i think its explained in quite a bit of detail but do ask if you are still not sure.

razer12121

hey, thanks for the advice so far, it looks as though im in my every right to defend myself by what that site is saying, hard to understand but ive just spend the past half hour trying to work it out correctly, and seems as i opened the account back in 2006 im in good hands however i still want to pay of something, i would feel a theif otherwise! i dont know should i or shouldnt i? there really trying to screw me over so its making me feel like i should keep my money, its amazing how depressed they can make you feel,

anyway, heres a copy of the letter im about to print out,

Dear Sirs,

Account No: XXXXXXX
I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).
I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).
Attached is payment in the sum of £1.00, which is the statutory fee - note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.
I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted.
Yours faithfully



digital sig

i am of course adding details into it but should i include anything else to it? like my address and such?? thanks

SmudgeUK

You also want to get hold of CMoptions (gogle CMOptions)

They will help you with all your maintainence issues and its a free call.

I would ask for your arrears to b reduced to a managable amount, I pay 300 a month for 3 kids, and my ex also stated i never paid to start with which i did, but stil expected me to pay arrears off at a extra 128 pounds a month, i hve the kids weekends too and have to buy them things, what a lot of people dont understand is that dads do want to help with the financial side of bringing their children up, but they dont understand that sometimes we have other families also to bring up, we do our best with the little we have.

I would also do a freedom of information on your CSA account, and look through it and make sure they have applied all discounts and taken everything into account, as with my account even after 4 years they are still making mistakes, and currently being compensated for their mistakes.

razer12121

well, i know i didnt owe any of it, i have kept reciepts for all items of clothing foods nappys the lot but they wouldnt have none of it, either way ive payed the debt of now, the agreement is back in place and i now pay 30 for each child and can safly say i will be spoiling them properly again i dont want this to sound rude but its because of all the dads that up and run, ive never understood it the joy i get from seeing my kids is amazing, they can both bring tears to my eyes, i remember i cryed when they had there injections! big softy eh? anyway back on topic CSA aside i need the letter sorted out first, then im going to work ont he CSA, thanks for the input on it,

still need to know if i should add my address to the letter and date int he top right hand corner?