kays / very - ndr debt CRA

[Riz]

Re: kays / very - ndr debt CRA

Thanks. Was just curious if they needed an extra "kick" to make the "we are dropping it" letter forthcoming.

Not that it really matters, as SD know they are screwed with or without.

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

Out of interest, did you reply to the first one?

Or was the latest one just sent spontaneously a while later?

They wrote saying its not acceptable, she wrote back, they then wrote back dropping it.

Quite easy to beat away SDG - as they know half their punters never signed owt

[Riz]

Re: kays / very - ndr debt CRA

Hi Haylee. I received the exact same letter in November but yesterday I received another letter saying they will no longer be pursuing the outstanding balance! Fingers crossed for you.

Out of interest, did you reply to the first one?

Or was the latest one just sent spontaneously a while later?

[Henryhatter]

Re: kays / very - ndr debt CRA

Thanks for your reply, had you stopped paying them?

Yes I had to. The agreement you received sounds similar to mine and Niddy deemed it unenforceable. Then I received the exact same letter as yours above. I understand every case is specific to the debtor, which is why I said fingers crossed for you.

[hayleebec]

Re: kays / very - ndr debt CRA

Thanks for your reply, had you stopped paying them?

[Henryhatter]

Re: kays / very - ndr debt CRA

Hi Haylee. I received the exact same letter in November but yesterday I received another letter saying they will no longer be pursuing the outstanding balance! Fingers crossed for you.

[Riz]

Re: kays / very - ndr debt CRA

If you read between the lines, that is basically saying that they know it's unenforceable.

But will continue to report the default and ask for payment, which is fair enough as that is all they can do.

[hayleebec]

Re: kays / very - ndr debt CRA

Ok, so yesterday i recieved this, one for very one for kays?????

[Pixie]

Re: kays / very - ndr debt CRA

Just keep waiting as long as it takes. There really is no rush.

Until they respond with an enforceable credit agreement they can't take things further. If they try, just let us know and we will help you.

[hayleebec]

Re: kays / very - ndr debt CRA

still awaiting a repy to letter sent, how long should i wait, tracking saying deliverd 15/11 and what do i do next ?? have still received monthly statements from ndr.

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

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....

[SaltnVinegar]

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.

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.

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.

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......

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.

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

[Never-In-Doubt]

Re: kays / very - ndr debt CRA

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

[hayleebec]

Re: kays / very - ndr debt CRA

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

[Never-In-Doubt]

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.

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