More NDR Money advice Please - Next Step?

Choochee

Once again I am asking for your help and advice on NDR Money.

I previously asked for advice on how to deal with their constant harassment for a friend and followed your advice.

They have now received, as suspected, a bog standard credit agreement. No signatures or anything relating to the fact that its their credit agreement with the company.

I have seen template letters but cannot find them again. Can someone point me in the right direction to the right template letter?

Many thanks again

Chooch

crazyguy

http://www.financial-ombudsman.org.uk/publications/technical_notes/debtcollecting-note.html#2

No signiture, no case

pure_dead_dopey

not strictly true, if they have sent a CCA you need to get it checked by someone who knows what they are looking for.
how old is the debt, as asking for a CCA does you no good if the debt was taken after April 2007

happy_bunny_2

Did they also send a letter saying we can't find yours so here is a current one that applies to new accounts?

Choochee

Thanks everyone and hello again Bunny

I have not yet seen the letter but will in next couple of days.

Chooch

Choochee

Hello again

I finally have the letter in my hand and it reads thus :-

Dear XXX XXXX

Re: Credit Agreement Request

Please find enclosed a copy of your current credit agreement which includes all applicable contractual variations and amendments that have taken place since your account was opened.

According to our records, your account was opened 3rd April 2003. The current outstanding balance on your account is XXXXXX. Our records show that in the past 12 months, XXXXX has been paid and an amount of XXXXX has become payable but remains unpaid.

You agreed to make payments every 28 days in accordance with the terms of the relevant catalogue. We also issue statements every 28 days requesting the relevant amount from you.

I'd therefore like to take this opportunity to remind you that such payments must be made in order to avoid a default charge of £12.00 being applied to your account and a notice of default being sent to certain credit reference agencies.

We regularly share information regarding the performance of your account with the credit reference agencies, which is retained no your credit file for 6 years.

In order to avoid such detriment to your credit file, please contact us on XXXX XXX XXXX to make a payment for any amounts overdue.

If you are experiencing financial difficulties we can also discuss what payment plan options are avalable to you based on what you can reasonably afford. We will consider your case sympathetically and positively and we will take into consideration all debts that you may owe to other lenders or other commitments you tell us about. We can also provide you with the details of certain not-for-profit organisations that you can contact for free, confidential and impartial debt advice.

Yours sincerely



The Agreement sent is a bog standard one. There is no names printed or written and definitely no signature.

My friend tells me she had no idea that the account was being passed over to NDR , it just suddenly happened.

She regularly pays through the post office every 28 days, but still incurs the £12 charge. (I think what might be happening is that it takes a few days for that money to reach NDR and therefore going over the 28 days).

Thanks again for all your help and a pointer to the next stage and a template letter would be very welcomed.

Chooch

nottoolate

pathetic response :eek: :eek:

a copy of the current agreement is not acceptable

they must provide a copy of the original agreement (reconstituted) agreement and documents referered to in, plus copies of any variation that have been made since

if you did not sign an agreement originally then they must say this and not try to pretend that one did exist by providing a copy of the current one or reconstituting

nottoolate

Carey vs HSBC 2009 in the High Court

If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;

Choochee

Thank you

I have been browsing the template letters but just not quite sure of the right one to send next, its full of so much legal jargon I dont understand .. scared I do the wrong one..

Chooch

happy_bunny_2

Hi there,

That's the same letter they sent me and is not worth the space it occupies.

I guess the next step depends on what you want to achieve. Do you want the charges back, a payment arrangement or not to pay?

I recently sent them a formal complaint by recorded delivery, as they never replied to my letters. I would pay £50 a month then they would just send a standard letter saying pay a (what seemed random) amount by x or else.

I basically said I was not paying anything else until they told me who was the legal owner of the account and what an acceptable payment would be. Reminding them that there was no credit agreement for the account.

Also tell them what they provided was vaguely interesting but is not what you asked for or legally required and they should not pretend that they have a valid agreement when they do not.

I got a response from Shop Direct (group owners of the catalogues and NDR) that said they would accept £50 per 4 weeks and not make any further admin charges as long as these were met. After 12 months they would need to review blah...

HTH, PM me if you need any help.

Choochee

Bunny thank you again

I think I am getting the gist of what to do next and have seen some template letters that I can use as a basis..

Thanks again. VERY much appreciated :j

Chooch