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  • #31
    Re: kays / very - ndr debt CRA

    have sent them hopefully done it right!!!

    Comment


    • #32
      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

      .

      Comment


      • #33
        Re: kays / very - ndr debt CRA

        Originally posted by hayleebec View Post
        have sent them hopefully done it right!!!
        Yep got them - thanks.

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

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        • #34
          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!
          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


          • #35
            Re: kays / very - ndr debt CRA

            Originally posted by Never-In-Doubt View Post
            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.............
            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.

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            • #36
              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

              Comment


              • #37
                Re: kays / very - ndr debt CRA

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

                Garlok

                Comment


                • #38
                  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.

                  Comment


                  • #39
                    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
                    Last edited by hayleebec; 4 November 2011, 11:25.

                    Comment


                    • #40
                      Re: kays / very - ndr debt hayleebec's diary

                      Originally posted by hayleebec View Post
                      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).....
                      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


                      • #41
                        Re: kays / very - ndr debt CRA

                        Site Admin Message:

                        Threads merged and updated - the diary elements and account info is now shown in post 1 (page 1) ---> Here

                        Both accounts are unenforceable, details of what to do now is shown below/above.

                        Originally posted by Never-In-Doubt View Post
                        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
                        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


                        • #42
                          Re: kays / very - ndr debt CRA

                          CCA Query - Missing Prescribed Terms letter sent recorded delivery today, will await their response!!

                          Comment


                          • #43
                            Re: kays / very - ndr debt CRA

                            Best of luck, just keep us updated on here and if they get in touch - don't stress....

                            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


                            • #44
                              Re: kays / very - ndr debt CRA

                              Hi Hayleebec

                              Please do not stress about Shop Direct/NDR. They completely ignore OFT guidelines on debt collection and have no interest in helping people who are struggling.

                              The process SD follow is this:

                              On default account is passed to NDR

                              NDR have 6 months to try to get as much money as possible while adding as much charges as possible

                              You will get a series of 5-6 letters, each with increasing level of 'threats'. I had several SD accounts and I got the exact template letters for each account.

                              You will get 3 letters of 'special offers' asking you to pay the balance over a set amount of time with reduced interest (starts at 30% APR, then 10% APR then 0% APR). These offers will coincide with the amount of charges they have managed to bump your account up with.

                              There will be the strange co-incidence that by the time you get the last 0% APR letter the monthly payment will be the same as the one they insisted you paid when they first called you.................

                              They will then default you.

                              They will sell the account onto a debt collection agency, typically Lowells or Capquest.

                              If you're considering unenforceability then please follow the advice Niddy is offering here, please stop using the templates on many of the other forums, they are nowhere close to being updated with the latest position as you will find on this site and so could land you in trouble.

                              Originally posted by Never-In-Doubt View Post
                              Regards to defaults, we can sort that at any time but the system works one default per debt. Not per purchase....
                              Niddy - this is an interesting one. SD have only recently starting sending out default notices for each individualpurchase.

                              I am lead to believe this is due to them being challenged on some technicalities around the type of credit line they are providing and the legalities of their default notices.

                              Originally posted by hayleebec View Post
                              credit file is shot anyway so not bothered about that!, was quite happy paying them an amount each month but they not satisfied with that, wasn't till i started doing some 'research' i found out about all this!
                              Did you demonstrate that the amount you were paying was the maximum you could afford? Did you send them any common financial statement or I/E sheet? What was their justification for demanding an increased payment?

                              To demand an increase in payments, when it is obvious a debtor cannot affford it, under OFT guidelines, is classed as harrassment.

                              More strings to your bow, as well as their failures to satisfy CCA.

                              Originally posted by Never-In-Doubt View Post
                              Stop trying to be nice to them, they will not reciprocate - trust us, we're old school and very long in the tooth......
                              They most certainly will not reciprocate. SD/NDR were sent copies of my financial position and offer of payment on 4 seperate occasions (by recorded delivery so could prove it was received).

                              They finally sent me a letter rejecting my payment and continued the harrassment and adding charges (which I later got removed as was able to demonstrate that they were unfair due to the 'reasons' for being added, though had to complain to the FOS).

                              Don't think NDR will do you any favours whatsoever......

                              Originally posted by hayleebec View Post
                              they said continue paying what they are but the account will be passed to a debt collector.
                              Let them, Lowells or Capquest will be easy to see off if CCA has not been correctly followed.

                              Originally posted by hayleebec View Post
                              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.
                              That letter is a stock template they send, I have seen many of them!

                              As for 'considering your case sympathetically' - what garbage.

                              When I was more naive, and tried to deal with these prats on the phone I was 'sympathetically' told that they would continue to telephone me every day until the balance was paid, and that I should borrow money off my family to pay off the balances.......

                              Hmmmm so that was the payment options they spoke of no doubt.

                              Don't let them harrass you, keep plugging away and you'll get this sorted.

                              Best
                              SnV
                              "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                              The consumer is that sleeping giant.!!



                              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


                              • #45
                                Re: kays / very - ndr debt CRA

                                Originally posted by SaltnVinegar View Post
                                Niddy - this is an interesting one. SD have only recently starting sending out default notices for each individualpurchase.

                                I am lead to believe this is due to them being challenged on some technicalities around the type of credit line they are providing and the legalities of their default notices.
                                Hiya

                                I've heard similar stories, whereby as they offer X months @ 0% APR or whatever, that they try and "treat" these purchases as a separate entity. Great in theory but in practice, nah - simple to argue - what is your account number? How do you log-in? Ergo you're the customer with one account, maybe you have 50 Buy Later purchases, it does not matter - you have one accoutn with one credit limit thus you can ONLY have one default.

                                If they have added several then simply complain to the CRA's citing the above points, worded however you like but this will always fail if it went to court due to the direct breaches and mismanagement of s.87 & s.88 CCA1974 (issuance of Defaults and the form/content within).

                                They still have to abide by the same rules, so just tell the CRA's that you had ONE account and provide the account number with the limit - that will force them to change the libellous data....
                                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

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