Littlewoods/NDR and claiming back their 12 pound charges

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Other half has Received many " We have tried to contact you on numerous occassions" As a result we have applied a 12 pound Admin fee due to the substantial amount of effort I have made in trying to contact you"

Now the only time they have "communicated" with us is these letters, which state quite clearly the charge reasons "As a result we have applied a 12 pound Admin fee due to the substantial amount of effort I have made in trying to contact you"

I view these charges as grossly unfair and a farce, and and not enforceable and I want to take this further.

Can anyone advise please
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Comments

  • DarkConvict
    DarkConvict Posts: 6,338 Forumite
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    If a DCA has placed a charge, refer them to this - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

    Charging for debt collection
    2.9 Charges should not be levied unfairly.
    2.10 Examples of unfair practices are as follows:
    a. claiming collection costs from a debtor

    State there is no where in your contract you signed with the (original creditor) that allowed for a 3rd party to place charges in relation to the account. The charges are unjust, unfair and will not be paid, you should refer to your client (original creditor) who actioned you to recover the debt and reclaim your costs from them.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • reidy100_2
    reidy100_2 Posts: 119 Forumite
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    A Very quick update, other half spoke to them just now and they couldnt confirm dates times and contact numbers and decided to take off 3 x 12 pound charges.
    Not bad, BUT I have told her to go back find out how many 12 pound charges there have been, and demand all 12 pound charges be taken off.

    Am I doing right???
  • DarkConvict
    DarkConvict Posts: 6,338 Forumite
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    I broke my crystal ball the other year.

    Who is NDR, and why have they added charged? What type of account is it?
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • reidy100_2
    reidy100_2 Posts: 119 Forumite
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    If a DCA has placed a charge, refer them to this - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

    Charging for debt collection
    2.9 Charges should not be levied unfairly.
    2.10 Examples of unfair practices are as follows:
    a. claiming collection costs from a debtor

    State there is no where in your contract you signed with the (original creditor) that allowed for a 3rd party to place charges in relation to the account. The charges are unjust, unfair and will not be paid, you should refer to your client (original creditor) who actioned you to recover the debt and reclaim your costs from them.

    Sorry DC our posts crossed, just to confirm, OC is Empire, Catalogue company. NDR are an in house DCA. are you saying that OH shouldnt have to pay any charges to NDR???
  • DarkConvict
    DarkConvict Posts: 6,338 Forumite
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    It depends on who applied the charges, why they were applied, was the account still active?

    £12 charges are considered to be fair, the amount that is anyway. If charges are applied by Empire as late payment fees you can't challenge them. If however subsequent charges are been applied by NDR for debt collection, then it is more dubious. The fact they are the same company just under different names makes it a grey area.
    Contacting the OFT may be the best bet, for some clarification.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • reidy100_2
    reidy100_2 Posts: 119 Forumite
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    I dont believe there are any late payment charges just "trying to contact you" charges, which they have agreed they have no record of or unable to supply details of contact, nor are there any subsequent charges are been applied by NDR for debt collection.
  • DarkConvict
    DarkConvict Posts: 6,338 Forumite
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    Trying to contact charges I am sure are consider unfair. Automatically generated bulk mailed letters cost pence not £12, so the charges are unfair and not in your contract. If these refuse to drop those type of charge take it up with the OFT, and i also believe the FOS may help.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • reidy100_2
    reidy100_2 Posts: 119 Forumite
    edited 4 May 2010 at 4:30PM
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    Ah well another "tried to contact you many times, give us 12 pounds" letter arrived today.

    I cant believe no one else is getting these

    I want NDR to send me all details of actions on the account since they have been handling it. Is there a DP request template please.
  • silkbeast_2
    silkbeast_2 Posts: 20 Forumite
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    Hi Reidy

    I've been getting these as well and they said that they can't do anything about them... I have forwarded a letter of complaint to the Financial Ombudsman, so will let you know of the response.

    phil
    :j
  • LolStevo
    LolStevo Posts: 548 Forumite
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    Hi, I had the same charges from Littlewoods/NDR and sent a letter requesting charges back as unfair. I only noticed on my statement that they had refunded them all from one letter i sent so worth sending that with a breakdown of the charges which you can normally get off the catalogues website. xx
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