Help! Nationwide Debt Recovery NOTIFICATION OF INSTRUCTION TO PROCEED help needed!!!

[Guest forgottenone]

Thanks. Already had 3 cups of coffee last hour or so. Yeah, I know ... I'm not alone, really wish people weren't or didn't have to go through life with problems like this. x

 

Just got so many creditors you see ... and I know things will turn into a major flood pretty soon. Not sure how I will handle it when it does. What I should have done was pay them off when I could ... stupidly I carried on, thinking things would be okay. Then when things really did hit the fan a while ago, I lost mostly everything including the resources to help me now.

 

And, yes, it's wonderful places like CAG exist for people to come to, get support and able to share the different things that are faced in these situations.

 

Eats at you sometimes, you think you can relax, and you do start to ... then tomorrow comes with more of the same.

[sassiersara]

i agree with you forgottenone. we get into debt through curcumstances and the scummy debt companys dont give a toss.

i think we should all go on mass and torch them all ha ha nice thought huh,

 

i really feel for you and wish i could do something to help. i have visited these forums for my own help and had some excellent advice so dont give up just yet. also knowing your not the only one who has made a balls up makes you fell just a teeny bit better.

 

sara x

[cashins]

Hi

 

Can't help you myself but I'm pretty sure that someone who can will have a look soon.

 

Don't let them get to you, they arn't worth it.

 

David

[rory32]

Is this your copy or a copy Littlewoods have sent you as a result of your CCA request?

[Guest forgottenone]

Yeah, know what you mean about helping. x

 

I often see people and feel powerless to stop or prevent situations that are so easily avoided in life. Like me for example last year? Pretty nasty altercation with a DCA for a debt I'd forgotten about. Suffice to say I've moved home to different parts of the country around 5 times last year and a half. Just purely through a sequence of events, no really by choice. Anyway. Got the letter off them and ... cos I didn't know I could get help I paid them. They made threats and I just could not believe how they could treat or speak to people like that. Told them that as well. Just wish I had known, not gone on the phone in a blind panic, seeing the 'threatogram' from them that day, saved myself the awful feelings I had in my head after speaking to them. Probably could have even not had to pay them.

 

But as I said to someone today elsewhere 'it's not them'. It's affecting. Yes, certainly helps to be amongst many and things aren't unique.

 

As to your suggestion about 'en mass'. I wish.

[Guest forgottenone]

Hi, Rory. It's one I found here this week. Just I'd been glancing at where it was, on top of other papers and got the courage to drag it out. But that's what I got sent when I was more or less talked into taking it orginally. I blanked out personal stuff.

 

So, what's scaring me now, is cos I have that they'll send a copy of that back. It's just I don't know if it's been worded correctly, had a quick look here earlier at other posts and some of it seems to be. I am probably wrong.

 

Thanks everyone for your replies.

 

Oops, sorry, meant to mention I have CCA'd them recently and checking today found out they've cashed the postal order.

[rory32]

There are a couple of bits and bobs wrong with it but not enough to make it unenforceable IMO. However, Littlewoods aren't very good at keeping copies of agreements.

[Guest forgottenone]

Hope so. What about if I went for the original CCA from the account it was refinanced from? Would that make any difference eg if one didn't exist how could they refinance it to me? I mean, they knew my circumstances, but refused to accept less than what I could physically afford at the time.

They also tried recently to get me to refinance it ... actually, tried to 'trick' me shall I say into doing that ... but knowing more than I did before, was very wise to that, so saw through what they were trying to do on the phone last time I spoke with them. No, I don't ever speak on the phone.

[Guest forgottenone]

TBH, been thinking about it tonight more, and the more I think about it ... Wonder if they talked me into refinancing it because they knew they didn't have a CCA for it? Course, I wouldn't have known that then cos I've only recently found out about all this stuff but just wondered if that's why. The original account went back some years you see and, had I not refinanced, would have been what I now know to be statute barred this year.

 

Just a thought I had, really. So they could still get the debt back knowing it could all come down to the CCA which might not have existed anymore.

[rory32]

What about if I went for the original CCA from the account it was refinanced from?

The new credit agreement replaces the old one. Lack of a credit agreement doesn't mean the debt is void - it just means it's unenforceable.

 

Under the CCA they would not need to supply the old agreement as no money is now owed under it. If you wanted a copy of the previous agreement you would have to send a SAR but I'm not sure of the merit in this.

[Guest forgottenone]

Thanks, what I thought. Well, my postal order was cashed pretty sharpish which may or may not mean they have something. Or it just went towards my account.

 

 

Which means, if they do find one ... really frightened what that could mean next. Done all the usual, made the approaches and offers of token payment. But one day payment slips or monthly invoices will be stopped so I can't even make those.

 

Some of my creditors have agreed to token payments.

[rory32]

If you keep reiterating that this is your current situation and that this is all the disposable income that you have eventually they will get the message and agree to your token payments. What you need to keep demonstrating is that you are trying to deal with your situation to the best of your ability.

 

A judge would be very unimpressed with a creditor who brought action against someone who was genuinely try to deal with their debt.

[Guest forgottenone]

So, if I keep at them, really? By corresponding. I will of course refer anything back here I get I am not sure about - well, everything, really - and find out what I can say and write back. It's at the NDR, 'notification of instruction to proceed' stage currently which I received last week. And that I will received a stat default notice in 7 days so that should be coming in the letterbox either later this week or after bank holiday next week.

 

I don't want to cave in, cos I don't give up easily, what's kept me going TBH and long as I know how to fight, what to say, how to say it to them it will give me hope.

 

Thanks again everyone for replying. Words do empower me and yours have. Until next time.

 

Will go and try to watch some TV for a while, calm down a little.

[Guest forgottenone]

ooh, just one more thing, about 'reiterating'. Sent 2 budget sheets and I/E sheets plus list of creditors to Littlewoods at least twice now. Should I keep just sending them? Or wait until I get the next letter and reply in kind? Reminding them of my situation? Hope that made sense. Unfortunately, I don't when I get like this.

 

Anyway, will go and relax for a while, take time out from this. Thanks again everyone.

[rory32]

Should I keep just sending them? Or wait until I get the next letter and reply in kind?

Just wait until they write to you. Until this time just keep making the token payments. There is quite a good letter for responding to creditors who don't accept your proposals here (letter No.2)

[Guest forgottenone]

Yes, it's the weekend, time for everyone to receive DCA letters.

 

This one has got me stumped. As it would seem to be a 'reply' to my previous CCA on another account I hold or had with Shop Direct, also 'transferred' to their in house muppets NDR. You'll see why as I go on.

 

NDR were CCA'd recently and I know they've cashed my postal order. The letter below is dated the same day it was cashed. Taken - as usual - a week to arrive but interesting nonetheless given the date/postal order/CCA request on the other account they are also handling.

 

First things first. I've only missed one payment on this account, LX Direct nor their arrears collection department has notified me it was being 'transferred' to what I now know are their own debt collection agents.

 

I've also never had any Extracare Insurance, so telling me I won't be able to make a claim is nonsense anyway. As for them 'having previously told you' - erm, where exactly? First time I've heard of this! Had a statement from LX Direct this week dated 17 May, blah de blah I'd missed a payment totalling £16.28 but for some reason I have to pay minimum payment £44.56 by a date early June. Which amounts to at least 3 monthly payments even though I've missed only one.

 

As I said, at no time has LX Direct informed me this was being placed into the hands of NDR and it seems as if they are fast tracking this account because I have sent them a CCA request on the other account and the date of cashing postal orders/this letter match. No postmark on the letter anywhere which I note all the other creditors letters are now doing as well.

 

I was going to pay the arrears off pretty soon anyway. Just so this account didn't default as threatened but now NDR have got hold of it.

 

NDR and LX Direct will obviously argue they've told me all the above BEFORE issuing me with this letter, knowing what clearly deceitful people I am coming to learn most DCA's are. But it just seems pretty peculiar I've CCAd on another account they are handling, then this.

 

As you will see from the letter they are employing the usual 'duress/stressful/psychological' tactics with their threats. Don't know what to make of this all now. Except LX and NDR are obviously rushing things through, putting me under substantially more duress/worry as a result.

 

[Guest forgottenone]

Forgot to mention, it's the final part of their threatogram which has got me worried. Court action and additional costs.

[Guest forgottenone]

Anyway, gona have to go out, get this latest thing out of my head. So, I will read any replies/help etc when I return later.

[ODC]

Court action without a CCA I think not.

[zazen.warrior]

They do cross referance any other accounts you have with them, I had a dispute on one and suddenly they would not accept orders on other accounts where I had never missed a payment.

 

This miffed me somewhat so I CCA'd the lot, to date on each one they admit they have no agreement, exept for one application form they sent which was ludicrously unenforceable.

 

I would have probably tried to keep paying them had they not reacted in this way.

 

Fools!

[Guest forgottenone]

Well, what's bothering me is ... NDR have now got hold of this other account and will use it to pressurize me now on two fronts. Which is obviously what they are trying to do. Again, through my own idiotic foolishness - and because then I didn't know what my rights were, I was talked into refinancing again; I could kick myself, I really really could but ... not like Littlewoods gave me much choice or bothered to explore other options, even though they bloody well knew my circumstances ... not that they would, of course - so missed one payment on this account, now these barstewards have got hold of it. I'm going to pay the arrears pretty soon, but now it's been 'transferred' to them they are gonna just pressure me more and more.

 

Since then they've tried to con me into refinancing again on the other account. I told them to get lost down the phone. But now this is really scaring me.

 

Just seems knee jerk reaction to my CCA for the other account ... I don't usually swear but they clearly think it's fun in some way to take the p*** like this and no doubt think it's immensely humerous cos now they can attack me relentlessly on two fronts.

 

Well, they still have to cough - or should I say 'choke' with what they are putting me through and others here in the same position because of the affects on health and so on with the other CCA I requested.

 

And there is no way on Gods Earth I am going to be made homeless and not pay my rent just to suit them!

[zazen.warrior]

I don't have any experiance of refinancing or indeed understand the implications, hopefully someone will be able to offer something more helpful soon

[Guest forgottenone]

Thanks. I can pay the arrears but it's the other amount they are demanding by early June. When I opened it earlier, first thing was 'oh, this is their response to my CCA on the other account' went through my mind, purely because of the date if nothing else. Then reading it, thoroughly confused because I've had no notification from Littlewoods it was being transferred ... there again, as it's their own in house it's not been 'sold' on but even so. But the letter makes out they've notified me. Just very confusing and seems to me they are now potentially getting their wires crossed with the other account, which could lead to things getting muddled their end.

 

Because, prior to this I got the NOTIFICATION OF INSTRUCTION TO PROCEED week before issued on the other account ... so it's crossed my mind now whether something has got mixed up and the accounts have got muddled. Because the notification came week before this was issued but for a different account number. If it is, I can see I am going to have fun and games.

 

Just something seems very wrong here in light of that. It even says I will be issued with a statutory default notice within 7 days in their previous letter.

[Guest forgottenone]

Basically, I think they are treating me unfairly. Don't know if they are but just how hasty LX Direct have got. It's like, 'yeah, they've already got a problem account let's get 'em right away on the other, get the thumbscrews out, make em sweat'. Because I'm having problems with the other account, the othe one has gone one month without payment and straight away NDR are on my case.

 

Apologies for going on again, but it's just the speed with which they seem to be rushing this all through. And frustration over this confusing letter:confused:

[Guest forgottenone]

Or, possibly they don't have a CCA for the other, they are just delaying and trying to confuse the issue. Will go do some cleaning before my brain explodes I think!