kays / very - ndr debt CRA

[Never-In-Doubt]

Re: kays / very - ndr debt hayleebec's diary

1/11/11 i recieved the 'credit agreements'?

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

have forwared these to Never-In-Doubt

These are blanket agreements and terms, and the lender needs to determine that it was you that did see, sign and agree to such terms but we both know that's impossible as with most SDG accounts, they sent the goods then sent the agreement a month later - if you were lucky!

They do not have a high success rate for court action, cos they know they'll lose so they just don't bother!

I'd not worry about either of them and for the record I would send this off and just add both account numbers at the top, as this template deals with both accounts ---> CCA Query - Missing Prescribed Terms

But whatever, if your credit file is screwed then obviously stop paying - let them default you, the sooner the better (as it'll then disappear in 6 years).....

[hayleebec]

Re: kays / very - ndr debt hayleebec's diary

1/11/11 i recieved the 'credit agreements'?

the account opened part i have put dates for each account please help

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 (10th April 1997 / 10th june1994). 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.

have forwared these to Never-In-Doubt

[hayleebec]

kays / very - ndr debt hayleebec's diary

started to get in trouble with kay&co formerly kays & very formerly lxdirect about 10 months ago, been paying them what can afford each month since then, has been passed to there collections dept NDR whom i have been paying, now they saying that i am not paying enough, and am getting a bit 'stroppy' thats when i found this site (among others)!

Sent the Credit ref agreement request on 25/10/11 to both

31/10/11 recieved 22 (yes 22)default notice's from kay&co, telephoned them was no mention of the credit agreement request just that they wanted me to pay more than can afford, i said i couldn't they said continue paying what they are but the account will be passed to a debt collector.

[garlok]

Re: kays / very - ndr debt CRA

I thought Niddy was on the top floor I2D??? LOL

Garlok

[garlok]

Re: kays / very - ndr debt CRA

There you go Haylee, all they have is a load of old cobblers. Like we said have a look at the diaries and set one up. A few tips for you now to get you properly on the road.

Stop talking to anyone on the telephone about your debts.
If they call you, tell them in writing only, do not go through any "security" and put the phone down. no discussion.
Start and keep an accurate log of calls of this nature, time, date , account, brief details of what they said. Thsi could be important later.
Keep all correspondence AND the envelopes it came in marked up with the date it actually came through your door. Staple the specific envelope to the letter.
If you start a diary here keep it updated like the others do and you will be guided on a day to day basis as to what to do, how to respond.
Keep each account in a separate file for easy reference.

Remember a debt collection agency has no legal powers whatsoever until the debt is sold by assignment in absolute to a debt purchaser. They can only bully, threaten and posture, using your own fear as I said as their only weapon against you.
A DCA cannot even take you to court if they don't fully own the debt, they can only actually proceed in conjunction with the original owner and in general they do not have the stomach for it any way, like all bullies.

It sounds an awful lot to get your head around, but it isn't and is much easier than paying forever, getting nowhere and worrying yourself silly.

regards
Garlok

[Deepie]

Re: kays / very - ndr debt CRA

both a load of old boots, they are simply regular copies of current agreements left blank, have you ever seen one before? Course you haven't - have you?

Leave it with me, i'll respond properly later/in morning as my work PC is about to learn how to fly (across the fookin office) as it's sooooooo slow!

Niddy's PC.............

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

both a load of old boots, they are simply regular copies of current agreements left blank, have you ever seen one before? Course you haven't - have you?

Leave it with me, i'll respond properly later/in morning as my work PC is about to learn how to fly (across the fookin office) as it's sooooooo slow!

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

have sent them hopefully done it right!!!

Yep got them - thanks.

Check shortly and update then.... bear with me

[LooLoo]

Re: kays / very - ndr debt CRA

Hi Halylee - just thought i would pop by and let you know you are in very very good hands - I know what a pickle you are in but don't worry take a deep breath and you will get some amazing help! Don't worry we were all where you are now at some point.

Take care and just keep things up to date with Nid and the guys.

xx

[hayleebec]

Re: kays / very - ndr debt CRA

have sent them hopefully done it right!!!

[garlok]

Re: kays / very - ndr debt CRA

At the moment haylee, don't send anything. If you can scan the stuff up for Niddy then do so ASAP. He will pretty soon sort out whether they are trying it on with you. If want technical legal data we can give it to you but it will only confuse the issue. Have another read of samsmum's post.

We are not here to mislead, honestly, we have not yet won totally our own battles which are now four years long. I just wish very sincerely that I had these guys around me when we started out on this road, BUT trying to do the right thing, be repsonsible will NOT gain you any brownie points whatsoever.

Either they have obeyed the LAW in every detail or they have not and obeying is highly unlikely with this lot. It might also be of some comfort to you to know that the very author of the ACT itself (CCA1974) said that if the creditor fails in any way to comply with the Act then it is perfectly proper that they pay the penalty laid down in the legislation which is they lose the right to enforce the agreement.

That is you don't pay. They have only one weapon to use against you. That is your OWN fear of what they might or might not do. So at the moment don't panic, settle down and have sleep easier tonight. The members as a whole here have been or are going through what you are at the moment, some a hell of a lot worse. You are here now and our ethic is to solve these problems at the least or no cost to yourself using every legal tool at our disposal.

What we do is not always an easy road and it is not a magic wand, but does turn people's lives around. Have a read around the site there are some amazing stories on here backed up by the courts on the very rare occasions that becomes necessary. Most creditors will run when AAD's procedures are followed.

Please take some comfort from that.

regards
Garlok

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

see my signature.......

[hayleebec]

Re: kays / very - ndr debt CRA

yes i can do that, how?

sorry message crossed!!

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

what template would you suggest??

Uh?

Read back a page (---> http://forums.all-about-debt.co.uk/s...88&postcount=7 )!

Ok, are you able to scan and email me the stuff they sent you - then at least I can be 100% specific as to what it is they sent and also confirm the actual status (ie unenforceable or enforceable) as right now I am unsure exactly what it is you have in front of you......

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

in the credit request letter i recieved back it says
'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.

Ok, to satisfy this s.78 they should be sending terms as at the time the agreement started plus a copy of amendments plus a current copy - now the issue lies with the fact they've sent you random terms that they had in place - NOT specific ones to you that you read, acknowledged and agreed to - right? Making sense?

So, as a result of them failing to fulfil your s.78 request by sending generic terms for "an account" (not your account) means they cannot enforce this in a court, however they may well try but then we'll send you our on-site legal help whou would take great pleasure in kicking their arses for you....

We have all bases covered here, ask the question we will supply the answer for you.....