Northern Debt Recovery - Help with fees added on and general correspondence

[liam1503]

I am yet to receive a response from NDR/Marshall Hoares regarding my formal complaint (although I am still receiving the automated calls/voice mails)

 

would you recommend that I send a follow up letter / email?

[Bertie1983]

I am yet to receive a response from NDR/Marshall Hoares regarding my formal complaint (although I am still receiving the automated calls/voice mails)

 

would you recommend that I send a follow up letter / email?

I would reccomend complaining to office of fair trading at enquiries@oft.gsi.gov.uk and forward all emails and correspondence as I have otherwise they will continue to get away with harrassing people.

[renegadeimp]

Dont chase up a formal complaint. Just let the idiots run out of time so you can take it to the fos and tell them that they didnt have the decency to even respond.

 

Remember, NDr, toothfairy/speedcredit are all ran by the same person. Their business practices are all the same.

[liam1503]

Dont chase up a formal complaint. Just let the idiots run out of time so you can take it to the fos and tell them that they didnt have the decency to even respond.

 

Remember, NDr, toothfairy/speedcredit are all ran by the same person. Their business practices are all the same.

 

Thanks,

 

earlier I received a voice mail from Marshall Hoares stating that they were going to apply for a CCJ (am I right in thinking they have no powers to do this?)

 

When you say run out of time, what is the time frame in which they are supposed to respond in?

[renegadeimp]

If they are not the owner, then they cannot start legal action.

[liam1503]

Have just received the following response regarding my formal complaint.

 

Any advice as to how to respond would be much appreciated!

 

 

We are sorry to hear that you have a complaint about the service you have received. The company attempts to treat its customers fairly in all circumstances and we apologise if you believe the service you have received falls short of your expectations in any way.

 

Please accept this email as acknowledgment of your complaint. We have 8 weeks in which to try to come to an amicable agreement. If we are unable to come to resolve your complaint in that period, you will receive a Final Written Response. This will set out the company’s final position in respect of your complaint.

 

If you are unhappy with the Final Written Response and wish to appeal further you have the right to make a formal complaint with the Financial Ombudsman Service. You must make sure you do this within six months of receiving the Final Written Response or you may lose your right to ask the Ombudsman to review your complaint.

 

The contact details for the Financial Ombudsman Service are as follows:

 

Financial Ombudsman Service

 

South Quay Plaza

 

183 Marsh Wall

 

London

 

E14 9SR

 

Website: http://www.financial-ombudsman.org.uk

 

Email: complaint.info@financial-ombudsman.org.uk

 

Phone: 0800 023 4567 or 0300 123 9123

 

You may also be interested to read their pamphlet, “Your complaint and the ombudsman” which can be found at http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

 

We hope that you find the information contained herein to be helpful and that we are able to resolve your complaint to your satisfaction.

 

I will summarise your file and then answer the points raised in your letter in turn.

 

I have reviewed your file in detail and can see that you took out a £300 loan on the 24th November 2012. The loan was on a 14-28 day basis. Interest accrues at the rate of £45 every 7 days. As the loan was not paid back in the contractual period and the subsequent grace period it was passed over to a third party debt collection agency and a £350 fee became chargeable. To date we have received repayments of £45. As a result your current balance is £1105.

 

Payment Plans:-

 

When your file was held by Easy Finance Club, the amount was repayable in full, as you will still in your contractual/grace period. Easy Finance Club, in line with the OFT guide lines will only accept payment plans if a debtor can provide a fully evidenced income and expenditure form, which shows that they are in financial difficulty and are unable to make repayments.

 

Northern Debt Recovery, the third party debt collection agency who your file as passed over to, accept payment plans that they deem as reasonable. Under the OFT guide lines, NDR are under no obligation to accept any offer they do not see as reasonable. As far as I can see on the file, no offer was made.

 

Contact:-

 

Our call canter’s opening hours are set as such so that we will only call customers at ‘reasonable times’. Our systems are also designed not to call out a customer an unreasonable amount of times.

 

In terms of door recovery agents, NDR are well within their contractual and legal rights to send an agent to visit your address to discuss your debt with you. They are NOT bailiffs or any other figure appointed by a court and do not purport to be. As a result you are well within your rights not to allow them access to your property.

 

Offer:-

 

Well I thank you for your offer, we are unable to accept it. Your current balance is £1105. I am able to reduce this to £650. This can be split into monthly repayments.

 

Please note that I have frozen the communication status on your file, so that you will receive no phone calls. I am unable to stop automated email and SMS communications at this time. This is an issue our IT team are currently working on to fix.

 

I look forward to hearing from you.

 

 

 

Yours sincerely,

 

 

 

Alex Cohen

 

Complaints Assistant

 

Web Loans Processing Limited

 

Tel: 0203 194 7762

[renegadeimp]

One thing before i break down that letter. Do NDR actually own this debt? Or are they just acting on behalf and only saying they own it? Have they sent you proof that they own it? Is this debt on any of your credit files? If so, which company name is stated on it?

 

 

The company attempts to treat its customers fairly in all circumstances and we apologise if you believe the service you have received falls short of your expectations in any way.

 

This has got to be the funniest thing i've read all year so far.

 

in line with the OFT guide lines will only accept payment plans if a debtor can provide a fully evidenced income and expenditure form, which shows that they are in financial difficulty and are unable to make repayments.

 

Umm...no. They are a LOW priority lender. There are no guidelines that state that a FULLY EVIDENCED i&e form is needed.

 

As the loan was not paid back in the contractual period and the subsequent grace period it was passed over to a third party debt collection agency and a £350 fee became chargeable.

 

Nope. It is considered an unlawful charge. Not allowed.

 

 

Under the OFT guide lines, NDR are under no obligation to accept any offer they do not see as reasonable.

 

Partly correct. However if they insist on refusing it despite the fact that the debtor is struggling to meet repayments, they are now in violation of multiple clauses of OFT guidance and indeed are risking their credit licence.

 

Our call canter’s opening hours are set as such so that we will only call customers at ‘reasonable times’. Our systems are also designed not to call out a customer an unreasonable amount of times.

 

Doesnt matter what they say. Once you have given the instruction for them to only contact you in writing, they are obliged to do so. Any calls would be considered harassment.

 

In terms of door recovery agents, NDR are well within their contractual and legal rights to send an agent to visit your address to discuss your debt with you.

 

Oh really? http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

 

Well I thank you for your offer, we are unable to accept it. Your current balance is £1105. I am able to reduce this to £650.

 

If they can reduce it to this much then they are well aware of serious unlawful charges. If they say it is because you are struggling to repay the full amount, then you could ask why the hell arent they agreeing to your repayment plan. Their logic makes no sense.

 

am unable to stop automated email and SMS communications at this time. This is an issue our IT team are currently working on to fix.

 

Excuses, excuses. It is still considered harassment and a violation of their OFT licence.

 

 

Not to mention after all that, NDR are under heavy investigation by the OFT and other agencies.

[liam1503]

this debt does not appear on my credit report

 

how can I find out who is the official owner of this debt?

[dx100uk]

they are offering a discount

 

it is not on your CRA file

 

two very good reasons to IGNORE!!

 

get that complaint off to the OFT too.

 

dx

[liam1503]

Is there any way to find out the owner of this debt?

 

You would recommend ignoring all correspondence from NDR?

 

I am more than happy to pay what I owe, but I do have issues with all the unlawful charges added on.

 

Complaint has been sent to the OFT and I have an upcoming meeting with Miss Membe to give a witness statement

[renegadeimp]

If it is not on your credit file and you have multiple companies trying to chase you, then they are in breach of OFT guidance and their credit licence as they are trying to mislead you on the status of the debt.