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  • Which Template letter next please ?

    Hi all newbie here, seeking advice.

    Helping a friend deal with NDR Money who does not have access to a computer or the internet. I have slight learning difficulties when it comes to too much text and would appreciate some pointers in the right direction

    Story so far. Friend been trying to comply with NDR and making regular payments but still being met with the usual £12 charges each month. They keep asking for more money that she cannot afford to pay and has asked them to take her to court for the money but they wont. (I now know why lol)

    We have sent the usual CCA request letter and received back a bog standard non signed Credit Agreement with a letter that reads :

    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

  • #2
    Re: Which Template letter next please ?

    Welcome.

    Taken out in 2003?

    A copy of their current agreement is not good enough.

    Others are more up to date on current templates, so I'll let them suggest which one is best. Keep checking back today.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      Re: Which Template letter next please ?

      Thank you Mr Quiet

      I will look out with interest

      Chooch

      Comment


      • #4
        Re: Which Template letter next please ?

        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.
        That's a recon, and thus does not contain the historical terms and conditions that your friend signed to.

        That is why they will not go to court as there data is not strong enough to bring a claim

        Comment


        • #5
          Re: Which Template letter next please ?

          Er apologies.. Rizzle!!

          Said I was no good with lots of text lol

          Chooch

          Comment


          • #6
            Re: Which Template letter next please ?

            Thank you for your response PompeyFaith

            Comment


            • #7
              Re: Which Template letter next please ?

              In the meantime can you tell me exactly what your friend wants to achieve with the request? e.g just get charges stopped? or stop the debt being chased altogether?

              Have they already issued a default on the account?

              If not, is that something they want to avoid?

              I presume as they have invited them to go to court that they aren't bothered by those?

              Just need to check, as those facts will have a bearing on what the most appropriate reply might be.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment


              • #8
                Re: Which Template letter next please ?

                Hi & welcome - see this: ---> Unenforceability Diaries - Read me First! - allaboutFORUMS
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #9
                  Re: Which Template letter next please ?

                  Rizzle she is quite happy to repay the debt at her affordable amount of £25 a month but does not want to incur the £12 charges anymore.

                  It seems that they send a letter with payment slip each month which she uses to pay at post office, but on speaking to her she did not realise that often these post office payments can take up to a week to reach the company, therefore the reason why they are slapping on the 12 quid each month.

                  I dont know if this particular company deals with payment books where by she can have them to hand to pay them prior to the 28 days being up.

                  This is what she wants because she does not really want to have ongoing debt collection agencies harassing her for a debt in the future. BUT, she did say that if they will not accept these terms than she will refuse to pay any further money to them.

                  So really the best outcome for her would be a smooth ongoing transaction. She suffers with depression and does not need any real further hassle from anyone and is happy to accept responsibility for her debt and repay.

                  I hope this helps

                  Chooch

                  P.S. I have not seen all the paper work relating to this debt so I have no idea if a default was sent. I know that she had the catalogue for a couple of years before she went into difficulty and has been dealing with NDR for approx five years. I can, because she has kept all correspondence, find out

                  Comment


                  • #10
                    Re: Which Template letter next please ?

                    Why not just set-up a standing order from her account to theirs each month - sorted?
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: Which Template letter next please ?

                      I dont think this company allows a standing order

                      Comment


                      • #12
                        Re: Which Template letter next please ?

                        If they have a bank account and sort code number, you can just send it, with the reference.

                        MBNA "dont accept" standing orders as such, but they have to accept them if they are sent.

                        Also, if your friend has been hit with alot of £12 charges, I would be looking at writing to them and claiming them back.
                        Last edited by oscar; 19 August 2011, 09:16.
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • #13
                          Re: Which Template letter next please ?

                          Thank you Oscar.. yes I believe they have been a monthly occurrence but as I said previously, I have not seen all the paper work. Perhaps I need to mull over that too ?

                          Chooch

                          Comment


                          • #14
                            Re: Which Template letter next please ?

                            Interesting reply on your other thread.

                            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...
                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment


                            • #15
                              Re: Which Template letter next please ?

                              Thanks Rizzle for pointing that out to me

                              As per reply over there, I think I can put a letter together with the necessary jargon and my friend wishes to offer and give them the option to accept or decline.

                              You have all been wonderful.. thanks a million

                              Chooch

                              Comment

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