Nationwide taking me to court.HELP.

[out of cash]

Hi all,

nationwide are taking me to court for an alleged visa card debt have tried to get their money by 2 dif dcas and now have their lawyers on the case.

the story goes

sent cca request,they replied with application i pointed out to them that this will get struck outthe application form has no prescribed terms only sigs they have added on 4500 to debt just to give me a helping hand am i missing something here as i thought no cca then it should be a clear defence am worried why they are going to argue this or defend on the grounds of an application form any advice would be much appreciated.

regards

out of cash

[conar686]

Read MoonHawks thread this may help you Next directory making a claim & CCA * WON OUT OF COURT *

[Having_A_Knightmare]

First I would make a complaint to T/S as they are in default of the CCA and they are still threaterning you with court.

The CCA act section 127 clearly states that if it does not have the clear prescribed terms " the court shall not make an enforcement order"

I thought if you went to court and you made the judge awaire of the act he wouldnt be able to enforce the debt. Also they are breaking the law bringing this to court so I dont thing the judge will be to happy about that.

Not clear about the legal system but this is what I would do. Anybody quote me on this??

[out of cash]

hi having a nightmare ,

many thanks for your advice greatly appreciated.

regards

out of cash

[Docman]

Hi Out of Cash,

First thing, don't panic. I've had the same treatment from NW. They sure like to be different!

In my case, they failed to answer my complaints, even when I wrote to their CEO. That put them in breach of the FSA rules but NW seem to ignore those anyway - they recently got fined £900,000 by the FSA for their cavalier way of treating customers’ data. That's probably why they have to impose unlawful bank charges, but I digress.

Anyway, after over SIX months of nothing from NW, I got the usual LBA from their solicitors. Within a week I got a second LBA marked 'WITHOUT PREJUDICE' suggesting they would like to make a deal. I wrote back a couple of days later asking how much. About a week later I got their response - a county court summons from the Northampton County Court. The buggers had filed the day after the second letter! So much for trying to settle.

Anyway, I put in a defence and counterclaimed for just about everything. I then had to put in my Allocation Questionnaire. Guess what. NW didn't bother but the Judge extended the time limit - twice but the second time said he would throw out their claim if they didn't file. They did on the last day by filing a BLANK AQ.

I just sat back. NW hadn't bothered to issue a default notice, hadn't responded to my CCA and hadn't supplied the signed executed agreement when they filed their claim. They just relied on the Terms & Conditions which were the latest ones and not the ones applicable when I signed up.

After another 3 months I rang the Court who said they look into it. About a month later, the solicitors wrote back accepting the counterclaim in full and suggesting I accept a small judgment for the balance. I politely quoted from the Bible - Genesis 9:1. Not heard anything since.

Moral of the story - take advice from the various threads, push back as hard as you can and don't panic. NW and their solicitors are bullies and like all bullies back off when challenged.

[out of cash]

hi docman,

many thanks for your advice funny thing with this lot is i requested a cca not once but twice both times got application form no prescribed terms on it cant see how they can win with this situation have just put a good letter together which will kick their legal eagles have sent it to them as well.

do you know if it costs them anything to file a claim?

regards

out of cash

[conar686]

Bible - Genesis 9:1.

I like that Docman - had to look it up - very elegant

[76Bramble]

Hi Out of Cash, I've been reading your thread. I too had problems with Nationwide in 2004. I wish I knew then what I know now.
Nationwide have got to be one of the worst Just keep fighting them, and don't give up.
I am fighting to reclaim charges now from visa card and loan account with Nationwide. Keep us posted how you get on 76Bramble

[powelll]

do you know if it costs them anything to file a claim?

Yes - it's a sliding scale depending onm how much they claim. If you successfully defend they are left to pay this as well as your reasonable costs ( make sure you include this in any counterclaim ).

If they win a claim the costs are usually added onto the debtor's bill but if you can show that you have tried everything to negotiate & avoid court then you should remind the judge of the overriding objective of the county court which is that court should be a last resort where all other negotiations have failed. The judge does have discretion as to how this is interpreted but if a CCJ is unavoidable in any situation yet you have tried to offer payment I would always ask for costs not to be awarded.

[tomterm8]

what day is defence & acknowledgement of service due?

what does it actually say on the particulars of claim?

Can you post up the credit agreement, minus personal stuff.

[out of cash]

hi tomterm,

will do this as son as i can

regards

out of cash

[out of cash]

hi tomterm,

particulars of claim state

[tomterm8]

Originally Posted by out of cash

hi tomterm,

particulars of claim state

Hi, OOC, so... did you recieve a termination notice?

Also, can you provide the credit agreement (minus personal details)

[out of cash]

hi tomterm8,

i acknowledged on 7th september and will be defending in full all of claim they have added 4.000 in charges or something or another real bunch of crazys

[out of cash]

i did get a termination of account i will have to double check as i have quite a few on the go at the mo will try an upload their agreement

[tomterm8]

Can you post the termination notice?

[out of cash]

hi tomterm8,

please have a look at the cca they supplied and will be relying upon in court unless they bring the orig to the court/

regards

out of cash