Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder bilco105 Novitiate

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    Default Default notice from nationwide and kpr

    Hi Folks,

    Today I received a default notice from Nationwideicon, followed by a threatening bully-boy tactics phonecall from KPR which has me extremely on edge.

    I have an outstanding overdrafticon of 2400, which I havn't made payment on since november (Seeing as my last payment was over 1000) and 99% of the remaining amount is a flood of bank charges.

    However, I fear I've left it too late to start challenging the bank and disputing the charges, since KPR contacted me today acting on behalf of Nationwide.

    I sent a request for statements, along with a 10 cheque a while ago. However, I did not send it proof of delivery and therefore have no proof it has been received. I plan to send another tommorow, recorded delivery, along with another cheque. Have I left it too late?

    KPR called me and used there bully boy tactics to make me agree to paying back 400 a month, but I am not in a financial state where I can afford to do this.

    What advice can you give me regarding this? I really want to dispute the amount I'm being charged, but I don't want the default to go on my file. (KPR have said I wont be defaulted if I keep up with the payments they offered me over the phone).

    I've done some reading now and realise it was stupid of me to deal with this over the phone.

    What should I do now?

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  2. #2
    Basic Account Holder ammani Novitiate

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    Default Re: Default notice from nationwide and kpr

    Hi there, i am in the same situation as you.Tell them the account is in disputeicon and that you are going to put a claim in court, that you have sent a S.A.R.S request and are still waiting for the information.They have 40 days in which to get it to you. KPR are apart of Nationwideicon group.Get everything in writting so you can use it in court.If they default you, you can add this to your claim, requesting that they remove it.Dont let them worry you, just keep focused and you will get it sorted in the end.Good luck.


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    Default Re: Default notice from nationwide and kpr

    KPR is the Nationwideicon 'In-House' DCAicon...

    Nationwide have had a history during the past year of trying to harass Penalty Charges Re-claimants, by seeming to accelerate the debt collecting process, whilst a Claimant is going through the Re-claiming process.

    IMHO...I would continue to seek your unlawfully debited Penalty Charges + NOT worry too unduly about KPR's tactics + threat of a DEFAULT NOTICE being placed on your Credit Report.

    Firstly, I would seek out a 'parachuteicon' current account at a Bank elsewhere + transfer any Credits that U may have regulary coming in into the NEW current account.
    This will STOP any 'freeze' on your Flexaccount, if U were to miss any repayment of your O/D, causing U temporary financial difficulty.

    Secondly, an O/D is subject to Sect 10 of the CCA 1974 + requires a different approach to a DEFAULT NOTICE REMOVAL etc compared to other forms of 'alleged' Debt, which U may read about on other Threads on this website.
    http://www.consumeractiongroup.co.uk...verdrafts.html

    Even IF a U get a DEFAULT NOTICE for your 'alleged' O/D Debt, when U issue your Penalty Charges Claim at Court, U can insist that it is removed/expunged from your Credit Report, as part of your Claim.
    ...This is especially so, if most of the 'alleged' Debt is made up from unlawful Penalty Charges etc.

    Thirdly, I would keep tabs on your Credit Report held by ALL the CRA's + certainly view a copy of it BEFORE U File your Claim at Court!...

    Here is a link to a recent Nationwide Thread which may be of interesticon to U...
    http://www.consumeractiongroup.co.uk...raft-back.html


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  4. #4
    Basic Account Holder Darren MO Novitiate

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    Default Re: Default notice from nationwide and kpr

    Does anyone have an email address for KPR?


  5. #5
    Basic Account Holder simonjohn Novitiate simonjohn's Avatar

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    Default Re: Default notice from nationwide and kpr

    KPR are the in-house collections department for the Nationwideicon.

    If you still have the letter sent from KPR, Look at the very bottom of the letter and in small print it says,

    KPR debt collectionicon is a business name of Nationwide Building Society, whose principle office is at Nationwide House, Pipers Way, Swindon SN38 1NW


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    Basic Account Holder ilovecats Novitiate

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    Default Re: Default notice from nationwide and kpr

    Sorry to hijack this thread but I cannot start my own post for some reason but it is to do with KPR/Nationwideicon.
    I'm sure I can't do anything about his now, but just wanted some advise. I have been banking with nationwide for a number of years and have been paying KPR a fixed amount regularly for 2 years on a credit card that I could not afford to pay the full amount on. All was fine until I was recently made redundant and therefore had quite a bit of money deposited into my account. Within days KPR froze my bank account and would not release my money until I fully paid off the debt with them, even though I explained that I needed the redundancyicon money to live until until I found a job. They basically said i either paid it immediately or they would take it off me in 14 days anyway basically leaving me no choice but to pay it so that I could access other monies in my account. Is what they did legal, do I have any comeback on them? I basically may find myself in default of my priority debtors now as I no longer have any money in which to keep my monthly payments up. Any advise would be appreciated, even if it is to say they were in the rights to do this. I made it very clear that I wanted the call to be recorded and that under no circumstances was I in a financial position to pay them this money but that they had left me no choice. I have the address, date, time and name of person I spoke to at KPR so I can request a copy of the tape if there is anything I can do.


  7. #7
    Basic Account Holder simonjohn Novitiate simonjohn's Avatar

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    Default Re: Default notice from nationwide and kpr

    Quote Originally Posted by ilovecats View Post
    Sorry to hijack this thread but I cannot start my own post for some reason but it is to do with KPR/Nationwideicon.
    I'm sure I can't do anything about his now, but just wanted some advise. I have been banking with nationwide for a number of years and have been paying KPR a fixed amount regularly for 2 years on a credit card that I could not afford to pay the full amount on. All was fine until I was recently made redundant and therefore had quite a bit of money deposited into my account. Within days KPR froze my bank account and would not release my money until I fully paid off the debt with them, even though I explained that I needed the redundancyicon money to live until until I found a job. They basically said i either paid it immediately or they would take it off me in 14 days anyway basically leaving me no choice but to pay it so that I could access other monies in my account. Is what they did legal, do I have any comeback on them? I basically may find myself in default of my priority debtors now as I no longer have any money in which to keep my monthly payments up. Any advise would be appreciated, even if it is to say they were in the rights to do this. I made it very clear that I wanted the call to be recorded and that under no circumstances was I in a financial position to pay them this money but that they had left me no choice. I have the address, date, time and name of person I spoke to at KPR so I can request a copy of the tape if there is anything I can do.
    Firstly its always better to start your own thread, you will generally find that you will get more responses.

    If you are not already aware KPR are the in-house debt collectorsicon for the nationwide.
    Banks have a clause written in the agreement called the right of set-off, where they can take money from one account to pay off a debt in another account held with the same bank. In these circumstances it is always better to open a bank account with another provider not linked to the bank you have debt with often refered to here as a parachute accounticon.

    Did you negotiate a reduced payment arrangement with kpr/nationwide do you have proof of this arrangement in writting. If so then the bank have acted unfairly by taking your redundancy payment as you have a re-payment plan in operation and this should take precedent over their right to set-off.

    You need to take a look at B.C.O.B.S and read a few of the posts on here. Then write to kpr/nationwide Inform them to the hardship this has placed you under and refer them to their obligations under B.C.O.B.S and request that they return your money.



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