Very/NDR Debt

[ElleVW]

Hi all

 

I was wondering if you could help with a question I have.

 

I originally offered NDR a payment plan (worked out via a personal dmp). They refused my offer of payment, even though it is all I can afford.

 

Upon searching for help on the internet with what to do next, I realised I could send a CCA request, which I did and they replied quite promptly with a written report of my account and a printed version of what I agreed to online.

 

This is where I'm a little confused. As my account was set up online, they have a box which says 'tick for signature', which has a tick in it. Is this enforceable as me signing up to an agreement with them or does it have to be an actual signature?

 

I'm not sure what to do next until I know if they can enforce my tick box online version?

 

Many thanks for reading

[ElleVW]

Does anyone have any advice?

[maroondevo52]

 

This is where I'm a little confused. As my account was set up online, they have a box which says 'tick for signature', which has a tick in it. Is this enforceable as me signing up to an agreement with them or does it have to be an actual signature?

 

I'm not sure what to do next until I know if they can enforce my tick box online version?

 

 

Hi,

 

Sorry your thread seems to have been missed, yes they can enforce your on-line signature, The Electronic Communications Act of 2000 has made it clear that electronic signatures are admissible in evidence about the authenticity or integrity of a communication or data (see Section 7(1) of the Act).

 

How old is the account and are there any charges on it.

 

Regards,

 

Scott.

[ElleVW]

Hi Scott,

 

Thank you so much for replying and confirming my tick box is enforceable.

 

I opened the account on 24th November 2010. There are a number of charges on the account, I'm not sure which are which and plan to ask for a list of them. I haven't been making payments as I have been unable to (I am on a limited income due to disability). I worked out a payment plan, submitted it to other creditors and all have accepted except NDR.

 

I had also asked them to stop the interest being added but this hasn't happened, so any payment I would make is getting swallowed up into interest and not touching the balance.

 

I'm unsure of my next step. Ideally, I'd like them to accept my payment plan so I can start chipping away at the balance, but I fear my balance will just continue to increase with interest and charges until it's astronomical!

 

I would be grateful for your advice.

[renegadeimp]

If they keep levying intetest and charges, claim it back and pay them £1 a month until they agree to your plan as its obvious they are profiteering off you and not taking your circumstances into account.

 

Typical behaviour from catalogue companies unfortunately.

[ElleVW]

Oh, I hadn't realised I could claim interest and charges back, that's very interesting and will definitely be my next step. Thanks so much

[renegadeimp]

You can claim all unlawful charges back as they are penalty charges, and you can always contest the interest as it would obviously be unfair.

[ElleVW]

Thanks renegadeimp, I shall send off a SAR letter (which I assume will include a list of all the penalties they've levied) and go from there.

 

In the meantime, should I be making a token payment on the account to show willing?

[renegadeimp]

Yes. Pay a small token payment by standing order. Dont give your bank details.

 

Also, a sar asks them for ALL info they hold on you. If you require something specific then ask them as part of the request.

[ElleVW]

Hello again

 

With Christmas/New Year out of the way, I was looking to send the SAR letter today, but have instead received a letter from Very/NDR to say they've given my debt to Lowell debt managers.

 

As it's now been transferred to Lowell, can I still contest the amount owed? It's around £1,000 in charges/penalties/interest which has been added on to the debt. Or is it too late now and I owe Lowell the whole sum?

[renegadeimp]

Of course you can. get the relevant letters off to very and if lowells come calling, tell them it is dispute. Dont give any reason why, just let them know. The reason theyve sold it is due to those charges.

[ElleVW]

Thanks so much, I'll send the SAR out as planned.