Debt with Very catalogue and NDR. Help greatly appreciated. (Long one, sorry!)

Mungobungo

Hi all, I'm a newbie here and am looking for some help regarding a debt with Very which has since been referred to Nationwide Debt Recovery LTD...

A bit of a back story for you:
15 months ago, I finished uni and due to situations out of my control didn't begin my new job for 3 months, meaning that I had no income for that time period.

Prior to this as a student, I was very silly and ran up 2.5k of debt with Very. 12 months ago, I was informed by Very that I needed to pay this debt, and was contacted by them to set up a repayment plan. It was suggested that I pay back £52 per month, which I agreed to. At the time, during the phonecall I was told that my statements from Very would say that I was in arrears, but to ignore that, as I was already paying the agreed amount.
I have paid this £52 per month every month for the past 12 months via their website.

A few of my payments have been late, due to the fact that very were unwilling to set up a standing order, with them saying that to set up direct debits, I'd end up paying their standard "minumum amount", which I couldn't afford. Some payments were made on the due payment date, but due to delays, didn't go through their systems in time. With these late payments, I would recieve phonecalls from very every day until the payment had been made, which was very distressing, but I figured that as it was my own fault, I'd deal with it.

Anyway, I recently recieved a letter from Very stating that I was £500 odd in arrears, and my account was being referred to Nationwide Debt Recovery.
Since then, I have been informed by my husband that NDR have been calling every day - including weekends, and as late into the evening as 9.30pm - while I've been at work.

Today I had a telephone conversation with an NDR staff member, who was very rude, and I was told that I either paid the full balance of 2.5k, or the arrears of £874!!!! When I asked where these arrears had come from as as far as I was aware, I was paying the required and agreed £52 per month, I was told very rudely that it "obviously wasn't enough to cover the required payment..."

The conversation went on, and monthly payments of £258 were requested. I told her that I could afford to pay £100 per month. She then returned after a 5 minute hold, stating that if I paid an immediate payment of £100, the minimum they would "allow" me to pay was £162 per month! When I re-iterated my offer of £100, she refused, stated "well you ordered the goods!" and stated that if I couldn't make the payments she had stated, I would have to "re-finance" my debt, which she provided a phone number for, otherwise the debt default, would subsequently go to court and would worsen my credit rating.

I ended the phonecall in tears, feeling incredibly harrassed, ignored and angry about the disgusting attitude of the woman on the phone.

So, I'd like to know whether this company can legally phone constantly, disregard an offer of £100 per month, and tell me to basically sell my debt to another company?? I'd appreciate any insights you could offer me.

Many thanks
Mungo.

ju34514

Hi,

Just noticed this and felt I had to reply as I can totally relate to what you're going through with this company. The company is Shop Direct and they own various catalogues. I'm afraid you won't get any help or sympathy from these people as I was in the same situation as you and have had to deal with them too.

Please don't let them upset you, they're really not worth it. NDR is their in-house collection department and will continually try to ring you unless you write to them demanding that they only contact you in writing (There is a template letter for this).

I can only go on my past experience and whatever I offered them was never enough. I continued to pay what I could afford but they added charge after charge for insufficient payments, late payments, collection letters, phonecalls etc. Eventually I thought 'stuff this' and stopped paying as the balance was increasing, not decreasing with my payments. Eventually they sold the debt on to outside debt recovery, Lowell Portfolio and they began to demand payment. On the plus side though no more charges were added.

I told them what I would be paying per month, told them I would only communicate in writing and that I would pay by standing order so I hold all the cards so to speak. Don't let them bully you, be strong, demand everything in writing, they will threaten all sorts on the phone and upset you so don't talk to them.

I can only tell you how I dealt with them, I'm not too fussed about my credit rating or too bothered if they ever decided to take me to court but that might not be the same for you.


Best Wishes
Ju

Mungobungo

Hi Ju,

Thankyou for your reply, Being totally honest, I'm not all that bothered about my credit rating or going to court, as I feel I've made an acceptable offer - £100 per month is not something to sniff at IMO. It's frustrating as I was originally made to feel that the £52 per month I'd been paying was sufficient - otherwise, why would they suggest that I pay that? Of course, I can answer my own question - it's to trick you into more debt, to earn more cash for them. I could swear I'm so angry at myself for getting into this situation.

Fortunately, we've worked hard to reduce all our other debts, and have managed to get out of debt on our utilities, so I am able to offer a larger payment than the £52, but they are just rudeand unwilling to negotiate.

I will take on your advice and write to them, and demand that they contact me only in writing.

Do you think it'd be worth re-stating my offer of £100 per month, and making a payment?

ju34514

Hi,

I don't think I would offer as such, just pay them what you feel you want to pay them, they won't refuse it but as I said they will add loads of charges and will be completely unhelpful. If you find this happening it might be better to let it go to outside collectors, at least the charges will probably stop and they are (in my experience) easier to deal with.

I had lots of other debts too and negotiated with all creditors to lower my payments, a few of them kicked up a bit of a fuss but all eventually agreed and have been perfectly reasonable and are now either paid up or back on normal payments as my situation has improved.... except Shop Direct....:mad:. They like to rack up the charges, sell the 'inflated' debt on and then claim it back as a tax loss, they make me so angry that they're allowed to get away with this, it's bordering on criminal in my opinion.

Anyway, don't let 'em get you down hun, not worth your tears.

Ju

Angry_Bear

Personally I would send a SAR to Shop Direct and Very to see if they have a record of your phonecall and to check the charges added to your accounts. I'd then start a formal complaint about the charges and hope to get them refunded. Also, I'm sure I read somewhere that suggesting you refinance your debt is against OFT guidelines (maybe I imagined it) - if it is you should add this to your complaint.

Other than that I agree with ju34514; continue paying what you can afford (£100 or even just the £52 per month) by standing order or postal order. Make it clear in writing that this is what you can afford and this is what you will pay. Send a recorded delivery letter stating that you will only deal with them in writing from now on and when they call just state "I will only deal with you in writing" and hang up.

Mungobungo

Thanks for your reply Angry Bear.

Sorry for being a dimbo, but what's an SAR??

I also thought that suggesting that I refinance the debt was against OFT regulations - will have to have a read through them again.

They have tried calling yet again today, so will get that letter out ASAP. I don't want to speak to the vile moosefaced rottweilers they have on the end of their phones.

ju34514

'Vile moosefaced rottweilers ' :rotfl:

Couldn't have put it better myself !!

pauletruth

there are a couple of points that you need to learn. they are just a voice on the phone. they can't hurt you. you need to control any phone calls don't let a debt collector control you do it to them.

if they suggested the 52 payment they really should not be bothering to increase your payments.

you will probably have a default on your account anyway so if they won't stop the extra charges then it maybe wiser to stop payments let the debt get sold and only then payback your debt.

however the better option would be to write to them tell them that you will only deal with them in writing and that you want them to remove your phone number from there files. at the same time request that they stop all charges and intrest on the account. if they refuse then stop payments.

don't invcrease your payments because some muppet tells you to. if your 52 quid payments are not even covering the intrest charges what is there to say that a 100 or even their 258 would.
its your money only you know what you can afford. it maybe worth trying to enter into a dmp if you have other debts that way you won't have to deal with them yourself.

neil9313

Whats the interest rate can I ask?

Angry_Bear

A SAR is a Subject Access Request under the data protection act, it carries a statutory charge of £10 and is a request for all information a company holds on you - including statements, transactions of phonecalls etc. There's a template letter:

Data Protection Act 1998

Subject Access Request

Dear Sir/Madam

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.
4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
10. Copies of statements for the entire duration of the credit agreement.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,

Mungobungo

Hi all,

Thanks again for the replies and template letters.
I have written an SAR request and also a letter to request that my phone number be removed and will be sending them today.

One of their representatives called again on Thursday evening, and I told them that I would not be discussing the account via telephone in the future, and put the phone down before they could say any more. By this point, I'd maid a payment of £100 to show that I am willing to continue to make payments (not that it'll get me anywhere, but it was a token gesture).

I recieved yet another phonecall on Friday night, in which I told them I was absolutely sick and tired of harrassment from their representatives, and that I will not be discussing the matter with them via telephone, only in writing. The caller then responded with "Well, you will never resolve the situation in writing now will you?" To which I replied "Well you sure as hell won't help me to resolve it over the phone, as you aren't listening to a word I say regarding the repayments I can afford, which is against OFT guidelines" I then went off on one a weeny bit (being overly polite and speaking very slowly and firmly), and requested, yet again, that my contact details be amended, and that the daily phonecalls, general rudeness and harrassment stop immediately. He cut off the call. Twerp.

So, today I'm going to be sending those letters, and feel like I'm making a positive step towards getting rid of this debt. It's not that I'm refusing to pay - My husband and I have worked hard in the last 12 months and have cleared two of our (smaller) debts, and are making headway with our others, despite long term ill health and job changes - I just refuse to pay £800 odd worth of charges on an account to which I was paying the re-payment amount that THEY recommended.

Having read through this forum area I'm getting a very black picture of these debt recovery firms and their underhand tactics of squeezing every penny they can out of people. They appear to sail very close to the wind on many occasion. It's disgusting.