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

[Guest forgottenone]

Other than that, I will keep paying them the token payments as I have on all my accounts. Oh, I don't know ... 'welcome to the wonderful world of creditors'. Someone should write a play about it. If they haven't done so already.

[Guest forgottenone]

Okay, started a new thread as I previously put it in another one earlier and to prevent any confusion.

 

Today I got an agreement sent to me from Littlewoods Shop Direct and which I'd requested recently. It looks enforceable, but I am in no way an expert. But there are a few things very noticeable from it soon as opening the envelope. First thing being it's a fax or photocopy of the original.

 

Okay, blanked out all pesonal info. Across the top was a http address called amiserve2. It's either a fax or computer print out. If there's anything here wrong, anything at all ... I'd be grateful. In top right corner is written a date and the account number is different to that printed on the bottom. Guessing, though, that's because it was refinanced from that account number?

 

Will it matter that is not the originaly copy at all? I've no idea what I am looking for but have seen 'true copy' mentioned a lot and unsure if that means the actual original one or a copy of it?

 

 

As with all my creditors, Littlewoods were contacted straight away when I started having difficulties, sent them the CCCS prepared budget, list of creditors, and offer of token payments. Don't need to say, all have gone ignored. So, CCA'd them in hope.

 

If there is anything wrong this agreement, I'd be eternally grateful.

 

Got another appointment with CCCS this week, trying to get on a DMP but if I can't for any reason I genuinely do not know what to do. I do't want to phone any of these people anymore, because of what it does to my illness and my head afterwards. Written to them, done everything correctly, they just want their money.

[Guest forgottenone]

Included was a short letter. At the end it mentions about me contacting them to arrange a payment proposal. Would scan it, but it's only very short, mostly saying they've fulfilled the Consumer Credit by providing this copy.

[creditcardmug]

Hi have they sent a default notice?

it looks to have the prescribed terms, there may be an issue with the cancellation rights.

Under the circumstances i wouldn't offer more than £1 per month.

How much do they say you owe, are there any penalty charges in there?

Others will be along to take a look soon

[Guest forgottenone]

Hi, not yet. But in their last letter issued before I sent the request said they would in 7 days. Offered them token payments, all I can afford, been paying. Initially, when I notified them of difficulties, including a £1 as advised to by CCCS they weren't cashed. But I know they were signed for.

 

Well, the penalty charges have thus far been £12 per late payment each 28 days on each statement. Actually, I will be back in a moment cos you've just made me realize something re 'how much do they say you owe'. Will be back in a sec, just need to check their letter which has an amount on it.

 

Now, the other naughty thing they tried to do ... when I spoke recently on the phone, outlining my difficulties as printed in my correspondence, so you'd imagine they'd know *or maybe not as the case turned out* ... tried to trick me into refinancing it again at a rate per month they knew I couldn't afford. Therefore, knowingly placing me under further financial distress, in getting me to sign up for another account knowing full well I couldn't afford it. They have now done this twice. Only phoned them the last time out of foolishness, but will not again. The last time I informed them in no uncertain terms 'no!'. Fortunately, even though I am still new to all this I was wise enough to realize their game on the phone. Isn't that against OFT guidelines?

Edited May 27, 2008 by forgottenone

[Guest forgottenone]

Actually, scrub that. Cos what I've paid has brought the balance down. Sorry, got a little hopeful there that I'd missed something.

 

Got the letter here ' We trust this reply satisfies your enquiry, and await your proposal for payment'. Just a bombshell, really, getting this earlier ... Was so hopeful they wouldn't find it. Hence it hit me like a ton of bricks when I saw it.

[Guest forgottenone]

Would there be an issue with this actually being a copy itself? Not the actual original?

[Guest forgottenone]

Okay, found my first thread about NDR's 'NOTIFICATION OF INSTRUCTION TO PROCEED'.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/144456-help-nationwide-debt-recovery.html?highlight=notification+of+instruction+to+proceed

[creditcardmug]

I wouldn't worry too much at this stage, if they have'nt even issued a default notice, you're miles away from court action.

They only have to supply a copy of agreement at this stage, although they should have included a least a full statement of account, and possibly a full set of statements.

Hold on for more opinions on this , i'm sure there will be many

[Guest forgottenone]

Thanks. It's the court action I am petrified of. I know from what I've read here and been told elsewhere what would likely happen but am just so terrified of it getting that far anyway. In the best of circumstances, am finding it really hard day by day; I know if it went that far I wouldn't last the distance.

[Guest forgottenone]

What frightens me is that I have a tennancy agreement which states in black and white plainly what will happen if I get any kind of court action whilst living at this address. Probably I shouldn't be, but I don't really want any pressure on that side as well as this. Hindsight is wonderful, just wish I'd known more and not just 'given in' and refinanced this.

[creditcardmug]

I felt the same way as you at first (physically sick), but with the help and support of the kind people on here i got through it, and you will too, it's not as bad as you at first imagine it to be.

I hope you get some more replies soon, i'm sure you will

[Guest forgottenone]

Thanks, again. Yes, when I approached the CCCS about it all originally, it made me feel happier about it all, some reasurrances, and some hope.

[Guest forgottenone]

So what do I need to do next, please? Their idea of a 'payment proposal' is to try and railroad me into another loan, at a rate they know I cannot afford per month from my financial statements. They have now tried to do this on 2 occassions. I've written to them, yep all have gone ignored; same old story.

 

I need to know what to say to them now and how to say it? I will still pay them token payments, it's all I can honestly afford. Obviously, I can't go homeless, that's not in anyone's best interests but I've been faced with that awful problem before and I really cannot take it again; besides which I am disabled, have no one to live with, no family who will help me out here. Yes, I know some creditors would prefer I not pay my rent I imagine, eat food or pay my council tax, fuel bills ... one of which I would be imprisoned for if I stopped paying, of course.

 

Negotiating is on their terms it seems, not mine. I really, genuinely don't have any idea where to go from here. I am trying to fight all this, I just need to know how to.

 

Every single letter I have sent them has been typically ignored, only to phone them. Not doing that, not unless I want my mind screwed up so badly afterwards with their nonsense.

[Guest forgottenone]

I should mention I have a large number of other creditors, which is why I am terrified. The prospect of all of them sending me to court, despite my attempts to notify them individually - which I have done, keep doing, just get standard replies - is something I cannot deal with. There are 2 things I'd rather do in that instance ... one is not really an option. Tried my best, really I have to do things right all the time. None of it makes any scrap of difference to these people.

 

Sorry if I keep asking questions about all of this but I have no one to ask. Yes, there is a CAB locally, but it's heavily subscribed because of the area and I cannot get help or advice urgently. Same with my council's financial counsellor. Weeks before I can get an appointment. Areas very run down, hence the demand.

 

I know I am not alone, and try to reassure myself in knowing that.

[Guest forgottenone]

Edited

Edited May 28, 2008 by forgottenone

[Guest forgottenone]

Can anyone help please??

[louise1111]

just bumping for you!

 

you sound so worried about this, try not to be (i know easier said than done!)

Edited May 28, 2008 by louise1111
typo

[Windywoo]

Bump

[zazen.warrior]

At the end of the day day the worst that can happen is a court will rule you pay it back at a rate you can afford, why should whoever you rent from know anything about it?

 

If you get a notice of court action you can make your offer then without it ever actually going to court and the court will probably rule they accept if your income / expenditure confirms your financial status.

 

Chin up!

[Guest forgottenone]

Initially began to post vaguely on the general debt forum about this, meant to get help or advice sooner; got sidetracked. Reposting, including what I've received from NDR, here as it's a DCA problem.

 

Couldn't find any reference to one of these on CAG anywhere to get an idea eg compare it with someone elses.

 

As part of my ongoing battle with NDR/Littlewoods ... initially going down the responsible route *or so you'd think; not according to DCA's however!* or notifying Littlewoods soon as I got assistance from a debt charity and sent them the usual documents eg I/E sheets, detailing outgoings, what I could physically afford. Needless to say, completely ignored by Littlewoods ... now in the hands of The Howdy Doody Show, ahem, sorry - NDR!

 

'let's pretend to be a DCA, the stupid debtor won't know the difference, let's scare them as much as possible blah de blah ... oh and we are bringing along Frankenstein's distant half cousin because we are really Littlewoods but have an identity crisis so call ourselves NDR instead!'

 

and have had the usual threatograms, intention to proceed. As of last week, now received the documents below.

 

Again, they are forcing me to phone them and as usual claiming I have ignored their previous correspondence. Not phoning them, done everything I can to instruct them.

 

Before finding CAG, I did speak on the phone to them ... all I will say on this score is I was lied to, mislead, even tried to trick me into refinancing at a higher than I could afford rate, delaying tactics eg we won't come to an arrangement until we have read your documents but they are presently stuck under a pile of others ... talk about unfair treatment, then oh, and the Oscar winning line many I've seen have spun on to debtors on CAG

 

'frankly my dear, but we don't give a damn ... a damn until yous old debt charity contacts us or your home will be burnt down, oh lordy lordy; it's gone with the wind' ...

 

the usual tricks.

 

Hilariously, last line of their enclosed letter even states:

 

'If your personal circumstances prevent you from making this payment in full, please call us on 0844 811 0112 to discuss a repayment arrangement'.

 

Do these people write jokes for a living? I am so sick of them presently, I am not laughing however, but how they word things is so damn funny. I have no intention of phoning you NDR, not at my expense to pay to be abused, lied and treated attrociously ... and then be signed up to a payment arrangement at YOUR rate per month. Now, where did it say about unreasonable demands in OFT guidelines, again?

 

Anyway, here is the offending article for someone here to look at for me, see if it's correctly worded. One thing forgot - the address on the DN is Shop Direct Services Limited not NDRs and on the enclosed letter NDR does not provide it's usual PO Box number, it's also so tiny, anyone with sight problems, elderly couldn't make it out ... Certainly, not in a very easy to read format. So, are we finally admitting you are NOT actually a DCA then? Before I forget, but they do seem to be terribly angry/cross with me at NDR as they keep putting things in either RED, or emboldened type.

 

 

Edited July 14, 2008 by forgottenone

[not so goldengirl]

have you not sent these guys a cca letter? If not do so asap that way they cannot even chase you for the debt until they have supplied one.

[Guest forgottenone]

Yes, CCA'd. Unfortunately, after posting it on CAG ... while ago so buried under mountains of pages ... seems to be enforceable.

[Guest forgottenone]

So, I guess my next step, what good it will do on the basis of other correspondence, is how do I get NDR/Littlewoods to acknowledge my circumstances? Looks to be too late, but not by my doing.

[Guest forgottenone]

Actually, I suppose I could SAR them? Or would it be too late for even that now? Haven't done so before, because ... of the LBA/court action ... fees etc. I know how the process works, of course, but this is what's been putting me off.