Nationwide/kpr Cca Request- now a Court Claim **WON** Notice of discontinuance

[creditcardmug]

Just a little background info first.
In October i contacted cccs who helped me prepare an income/expediture summary and list of creditors and and pro-rata offer of payment plan to each one which i sent on 28/october 2007 along with a request that they stop all interest and charges. The nationwide credit card debt was app. £8500 but has since increased with interest/charges. I have eleven credit card debts in all, all in my name none in my wifes name. app 50% of these complied with the request for charges to be stopped.since then i have spoken on the phone to them, the main points were, i must pay more/i must supply evidence of income/expenditure.
I now have a new years resolution,i will not correspond with any creditor by telephone,i now hang up as soon as they ask for security questions.

Following advice on this forum i sent two separate cca requests to both KPR and Nationwide on 9/1/08, i now hve confirmation that the nationwide letter was delivered on 11/1/08 but still no electronic proof off delivery.

To help other members i intend to update this thead verbatim in order that everyone is aware of the latest tactics from these devious people.

Please also check out my threads on the other 10 credotors i am persuing,and if any site helpers have any advice along the way i am more than grateful to recieve it, this is my first foray into this world.

[creditcardmug]

Just for clarification KPR in an in house DCA of Nationwide,it says on the bottom of their letters this is a business name of nationwide.

[Yazz]

Hello creditcardmug,

im new to the forums and going down the same route as you:

threat of CCJ- any advice appreciated

so i'll be reading your progress with interest.

I will be sending my CCA request to KPR and NW tomorrow. i'll let you know my progress and experiences and hopefully this will help us both and others who have to deal with these people.

Yazz

[MilkTrayMan]

Why send a £1 CCA 1974 Request Letter to BOTH KPR + Nationwide at the same time??...

Personally, I would deal with the DCA 1st......In-house, or external.

btw...Good on U re: Refusing telephone calls from DCA's!...


...

[Yazz]

Milktrayman,

Apologies if this is a daft question, but as the address for the DCA (KPR) is a PO Box, doesnt this mean that the recorded delivery wont be signed for?if this is the case it defeats the purpose of sending it this way.

With this in mind do you think i should send the CCA request to both KPR and NW or just KPR as you suggest.

Thanks,

Yazz

[creditcardmug]

Hi yazz
welcome to the forum
First do not worry
second send cca by recorded signed for or special delivery next day.
communicate by letter only
The only reason i sent both nationwide and kpr the cca is that i read on this forum that they were sending them back, and i wanted to be sure that they were received

i have problems with my scanner so will post letters asap, also am worried that creditors are reading this forum so must be careful what i say.
If you want to know more at this stage pm me.

A breif update.
i sent cca to nationwide and kpr, i then got a photocopy of an application form with no covering letter or date and which i found completely unacceptable, i wrote back with a very strong letter detailing the error of there ways, and then only 2 days later a reply basically saying that they have complied with my request and now require payment in full.


So now its stalemate if they think they have a valid agreement they can go for a ccj, if not its game over, watch this space.

I have noticed that this is a particularly difficult creditor so take care when dealing with them.

On a lighter note have you noticed that there address is Kings Park Road
ie. KPR 'In House Dca' Ha Ha

[ammani]

Hi there, i also had problems with Nationwide and Kpr. They were still harrassing me when they knew i had a claim in court, for charges and interest, i told them i would not speak to them on the phone, so they sneakily passed the whole thing onto another debt collection agency. I called them and told them a claim was in the courts, the chap i spoke to was very helpful and was annoyed about Nationwide having passed it onto them, when they knew a claim was in the courts.Good luck with your claim.

[creditcardmug]

I received on 20/2/08 what appears to be a letter before action,but i dont think it conforms.

Its from legal advisor, lending control legal services, Kings Park Road, Northampton, which is still nationwide.

It goes as follows,

Dear Creditcardmug
Acc ..........
Amount owing £9570.79

You have failed to pay the amount of £9570.79 under the agreement(s) dated, September 2002. You were told in our previous letter that if you failed to respond or we were unable to reach an acceptable agreement, legal action would be started without further warning. A claim has today been sent to the Court for recovery of the amount owed.

You have now been charged Court fees of £225.00. If the action continues further fees will be charged as follows.

£55.00 Court fees
£46.00 Land Registry fees
£88.13 Agent fees

These fees will be added to the amount you owe along with the interest that applies to your account, and will be recovered by Nationwide during this action.

If you wish to pay the current sum of £9795.79 plese contact:

Unsecured Debt Recovery
Lending Control
Kings Park Road
Northhampton
Telephone 0845 600 7072

You will shortly receive Nationwide's claim from the Court with information detailing the action you should take with regards to responding. If you do not take any action, a County Court Judgement will be entered against you.
The judgement for the amount owed will be registered against you and this could affect your ability to obtain future credit.



Can anyone particularly the site experts help me on this please.

[gh2008]

They may have issued a claim against you, it may be another threat.

Have you received a Default notice for this account?

Could you post up the 'agreement' paperwork - personal details removed but leave the figures in if possible

There is no legal requirement AFAIK for a formal 7-day letter before action although the Courts like to see that all parties have tried to come to a settlement out of Court.

The further fees are, at this point, idle threats, they are assuming you don't defend, they win by default and then you default on the CCJ ...... a bit far off me thinks

If they do issue a claim (post here if they do) you must acknowledge & file the defence etc. on time and turn up on the day if it comes to that, otherwise they can (and will) apply for 'Judgement by Default' i.e. they win regardless of the evidence

With an irredeemably unenforceable agreement (if that is what you have), once you have pointed this out to them, you may even end up with a wasted costs order would they insist on taking it to Court.

gh

[MilkTrayMan]

Hello creditcardmug!

Am not sure whether U have read the following Thread??...
http://www.consumeractiongroup.co.uk...-me-court.html
...It should raise your spirits + give U some guidance, for what MAY lie ahead for U.


...

[creditcardmug]

Recieved court papers 29/2 can anyone tell me how to upload docs directly to this thread

[gh2008]

Originally Posted by creditcardmug

Recieved court papers 29/2 can anyone tell me how to upload docs directly to this thread

Ok, scan in the documents. Make sure the scanner outputs an image file. Upload those images to photobucket and post the links here.Also search the forum for Bookworm's excellent 'Dummie's Guide' with all the instructions in.gh

[creditcardmug]

Ok, cca link to photobucket
http://i274.photobucket.com/albums/j.../nwidecca2.jpg
Trying to get a better copy

[creditcardmug]

Here is the default notice
http://i274.photobucket.com/albums/j.../nwidedef1.jpg

[creditcardmug]

I have some better images of the application form
http://i274.photobucket.com/albums/j...terpics006.jpg
http://i274.photobucket.com/albums/j...terpics005.jpg

Can someone help with a defence and how to proceed
Thanks

[creditcardmug]

Hi
Can someone help me with procedure/defence.
Please see my other thread Nationwide/kpr cca request.
I have received court papers 29/2.

[gh2008]

My initial reaction is that is is irredeemably unenforceable.
Reason - No Prescribed terms on the signature document.

But..... did they send you any Terms & Conditions etc? If they did, could they have been on the back of the agreement form?

gh