K & Co - pro-rata payment rejected...

[paganpete101]

Ok, got a reply from Moorcroft re Argos - they are accepting my monthly payment - just Kays to go now - got a letter today from NDR (Kays bully boys) - a scary Pre-escalation notice no less - they ignored my offer of £5.00 per month (am still paying kays a token £1.00 per month) - but to be nice they did charge me £12 for this letter (will claim all these charges back soon). So, they ignored my offer, there is nothing else I can do so I shall just wait for more letters from them!

[citizenB]

Have you sorted out the spread sheet to reclaim your charges ? I doubt there is any reference to them being allowed to make those charges on the agreement.. oh wait.. there isnt one, is there ?

[paganpete101]

Already reclaimed one lot a few months back - about another 3 or 4 to claim back now they got NDR sending letters (muppets)!

 

Will just wait and see what they do next after not accepting my offer - not too much they can do now!

[paganpete101]

Ok, this is getting stupid now - just got a letter today from NDR money re my kays account - saying (just put the main points here);-

 

'Thank you for your recent letter regarding a repayment offer - sadly we cannot accept your proposal for the repayment of outstanding debt - there are however numerous ways to clear your balance(!!!) - our advisors would be only to happy to help - call us now (my words not theirs).'

 

And it ends ;- 'Failure to bring it up to date etc - admin charges etc etc!'

 

So they will not accept my offer - I have a feeling I will have to keep paying them the £1.00 token forever?????????

[citizenB]

Ok, someone drafted a letter for me just recently and included the following..

 

Please place on record that it has been our family policy for some time now to only communicate in writing

when dealing with our financial affairs from our home, as it is our right to do so under Article 8 of the

European Convention on Human Rights.

 

 

 

I suggest that you write back one last time.

 

You are not in a position to pay the monies demanded.

 

You have requested that they accept a reduced payment and freeze interest.

 

They are the only creditor who is "refusing" to Treat you Fairly as required by the Lending Code and OFT debt collection guidelines.

 

(include the paragraph above regarding telephone calls)

 

You are not prepared to prioritise their company over your priority expenditure and those creditors who have been prepared to accept your offers.

 

You believe that their refusal to accept your offer is nothing more than a profit making excercise by way of additional charges and interest added.

 

That you now require them to specifically confirm, in writing, that they are refusing to "Treat you Fairly" in order that you might make a formal complaint to the OFT and Financial Ombudsman.

 

*****************************************

 

As a matter of interest and in the grand scheme of things.. how much is owed to this company.. you can pm me the value if you dont want to post it on the forum.

[paganpete101]

Hi CitB - thanks for that - the money owed is around £2800 inc interest charges (I got some stuff on BNPL 12 months so they have now added the interest on to it).

[citizenB]

I really dont know what else to suggest. I see from other threads with this company that they are absolute s*ds to deal with.

[paganpete101]

If worst comes to worst I will just keep sending them a £1.00 a month

[paganpete101]

Well, sent them the 'treat you fairly' letter and what did I get in reply - a standard 'pre-escalation' notice - muppets. Nothing more I can do apart from keep sending them the £1.00 token as they charge me £12.00 for each letter so no point anymore.

[paganpete101]

Hmm, got another letter today saying that they cannot accept my payment proposal (in a nutshell)! So do I now complain to the OFT?

[citizenB]

Hmm, got another letter today saying that they cannot accept my payment proposal (in a nutshell)! So do I now complain to the OFT?

 

Yes - I think you can probably make a complaint to the Financial Ombudsman as well.

 

With the FOS, you need to really think about what you are saying.. so post up a draft summary and we can try and knock it into a shape for you.

[paganpete101]

Ok, will give it a try CitB thanks - will it actually do any good or is it just an empty gesture?

 

Not sure how to word the letters - will look around on net and see if there are any sample ones I can customise!!

 

Cheers!

[citizenB]

Complaints to the OFT will only be dealt with collectively - once they have sufficient complaints on a particular company then they will act in the public interest - but cant and wont offer any assistance to and individual

 

You could have a look on the FOS website on the pages that detail similar issues and how they have been dealt with. See if there is an issue that is similar to yours..

[citizenB]

Have they answered the specific question you asked - "Are you refusing to Treat me Fairly" in accordance with the Lending Code and OFT debt collection guidance ??"

[Bang!]

Regarding the telephone calls after being told not to call, and the repeated £12 taken from the account, even after having to repay the ones already requested both are aimed at harassing - would there be any point in firing off a letter based on the Protection from Harassment Act 1997?

 

http://www.legislation.gov.uk/ukpga/1997/40/crossheading/england-and-wales

 

My only concern would be if "person" can be expanded to encompass non natural persons.

 

Its a nothing to lose one for the sake of firing out a letter, and the reply could be interesting.

 

It also carries both civil and criminal liabilities if found proven.

[paganpete101]

Hi CitB - they did not actually answer my 'treat me fairly' question - just sent me the standard 'we cannot accept your offer' letter instead.

 

Bang - I am no longer getting calls from them - just £12 a letter charges (which I reclaim once they have mounted up periodically)!

 

To be honest, I am sick of this one - all my other creditors have accepted my offers - I feel like just telling them to take me to court and get a CCJ out of it!

[citizenB]

Hi CitB - they did not actually answer my 'treat me fairly' question - just sent me the standard 'we cannot accept your offer' letter instead.

 

Bang - I am no longer getting calls from them - just £12 a letter charges (which I reclaim once they have mounted up periodically)!

 

To be honest, I am sick of this one - all my other creditors have accepted my offers - I feel like just telling them to take me to court and get a CCJ out of it!

If you really feel like this, then you could perhaps try the following..

One last letter -

I am in receipt of your templated response to my complaint dated XXXX

You have failed to answer properly, the question I asked regarding your refusal to "Treat me Fairly" - I require a postive response, in order that I may bring this to the attention of the Financial Ombudsman and the OFT.

It appears we have reached an impassed and appear to be going round in every decreasing circles.

I have previously provided you with an I&E summary, this was prepared with the help of a recognised Debt Counselling agency and an offer of £X.XX per month based on my ability to pay was made.

I would reiterate my previous statements, that if you feel unable to accept that offer and freeze interest as other creditors have done. Then I invite you to sue me through the court for this debt.

I would advise that I will bring to the attention of the courts the dubious methods of collection you have instructed your agents to use in the pursuit of this debt.

Please respond to this letter within 14 days - with or without a response, I will be forwarding my complaints to the regulatory authorities as above.

HTH

[paganpete101]

Cheers CitB I will fire it off to them and get a resolution one way or another!!

[citizenB]

[paganpete101]

Still no reply after my 'sue me' letter over two weeks ago!!

[citizenB]

Still no reply after my 'sue me' letter over two weeks ago!!

 

 

If you allowed them 14 days to respond.. then they might swing it out until the very end.. which will the 27th

[paganpete101]

Hmm, I never gave them a time limit! What happens after the allotted time?

[citizenB]

If you headed your letter Official Complaint - then they have 8 weeks in which to respond.

 

If they dont, or the response is unsatisfactory then you can take your complaint to the Ombudsman.

 

HTH

[paganpete101]

Oh dear oh dear - well after waiting ages for a reply all I got was yet another of the standard letters - no mention of sueing me or refunding the charges - all I got was;

 

Thank you for your recent letter regarding a repayament offer (!!)

 

Unfortunately I am unable to accept your proposal for repayment of the outstanding debt - however, there are numerous ways to clear your balance - our advisors are SPECIALLY trained (!!!) to support and assist

 

Please call us so we can abuse you etc etc.

 

And that's all I got - from NDR money this time!

 

??

[citizenB]

Ignore it, PP

 

Wait the 8 weeks and make a complaint to the FOS with further notice to them.

 

After you have made the complaint to the FOS, you will receive a reference number. If you receive further correspondence from either creditor or NDR - just quote the FOS number and advise that until the FOS have completed their investigation, you will not be corresponding with them any further.