Jump to content


  • Tweets

  • Posts

    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Nationwide Current Account Overdraft Debt With MKDP


losingmymind
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2936 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all, please can someone advise?

 

I opened a Nationwide current account in January 2009.

 

 

I had an overdraft limit of £1000.

 

 

By June of that year I was in financial difficulty and the overdraft went over it's limit.

I think it went up to about -£2K.

I've always been scared of confronting debts and did my usual burying my head in the sand.

 

 

Nationwide closed the account and demanded repayment and I ignored it.

Since then every so often I get letters from various DCAs demanding payment but I've ignored them.

 

More recently a company called Redhill and latterly MKDP have written wanting me to set up a repayment plan,

which I've chosen to ignore.

 

 

This week MKDP wrote to me saying they've done searches with the CRAs and other databases

and have reason to believe I'm still at my address and they are instructing their pre-legal dept

to review the account blah blah, with a view to CCJ.

 

Help!! What can I do?

I'm a year off this being statute barred.

Is there a way to delay things by putting it into dispute?

The debt now stands at nearly £8K

- mostly made up of charges put on by Nationwide before they sold it.

How can I legally challenge this?

 

If someone can point me in the direction of the letter I perhaps need to send to stop them in their tracks it would be much appreciated.

 

Thanks in advance.

Link to post
Share on other sites

is this on your credit file?

 

 

what is the default date?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

for this account being chased?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

so not sb'd till nov 2016 then probably?

 

 

might be an idea to sar Nationwide

 

 

get all the statements and knock up a PENALTY charges reclaim.

 

 

I bet the interest charged on these will wipe the debt out.

 

 

you could send mkdp the account in dispute letter

 

 

but as all you've got is a generic phishing letter

I'd let it run.

 

 

just remember

these people ARE NOT BAILIFFS

 

 

and have

 

 

NO SUCH LEGAL POWERS

 

 

you need to read that letter carefully

 

 

you'll find it doesn't say WILL anywhere.

 

 

they are looking for a mug to fleece

 

 

hold your nerve

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

click the sar.

 

 

you cannot cca a bank account its not credit so not covered by the act.

 

 

I'd let mkdp run for a while.

 

 

charges reclaiming can be read about in the forum

or via my link 3 below

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 1 year later...

Hi all,

 

I'm resurrecting this thread because there have been developments of late. When I last posted on here I was being pursued for this debt by MKDP. That was in 2014. As per my usual self I continued to ignore them and they did go away. Then last October I started to receive letters from Robinson Way and a further default for the same debt appeared on my credit files from their parent company Hoist Portfolio Holding 2 Ltd (I now have 2 defaults for the same debt showing).

 

Robinson Way have been sending letters roughly once every 3 weeks to a month, which I have continued to ignore. This debt becomes statute barred in November. The last letter they sent was one where they said they were going to write to another address - one which is on my credit file which was put there by Motormile Finance, even though MMF have always dealt with me at my address and I've never lived at the other address, which also happens to be my next door neighbour. My neighbour and I don't speak - he's a neighbour from hell - and the last thing I want is them corresponding with him. He won't post any mail through mine, but will open it and gossip, so I don't really want that to happen. If Robinson Way have accessed my credit file to find the info about the other address they can see that there's nothing of mine at the neighbour's address anyway. All my credit history is on my address.

 

So, my dilemma is this. What do I do? I want to let this thing run so that it is statute barred at the end of the year. But at the same time I don't want RW to force my hand because of the other address they think they have. How can I make this run so it just times out without RW 'winning'? I need to know what I can do legally to delay them. I've never acknowledged the debt, and I'm so close to it becoming unenforceable. I don't know anything about RW so I need to know what I'm up against. Any advice is welcome, thank you.

Link to post
Share on other sites

Scan up the letter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi dx100uk,

 

I can't scan it, but this is what it says:

 

Dear Ms Bloggs

 

Previous address: Neighbour's address next door

 

We wanted to write to you at the previous address noted above, but have been provided this as a new contact address.

 

If you are the person named above. please contact us on the telephone number below between the hours of 8am and 8.30pm.

 

If you are not the person named above, please contact us to ensure we update our records.

 

Freephone 0800 085 2958

 

 

Yours faithfully

 

Customer contact manager

 

 

I can see that this is probably a phishing letter. However, they have been writing to me at my address about the debt until this one turned up and I have ignored their correspondence.

 

Am I panicking unnecessarily? Are they likely to try to doorstep me?

Link to post
Share on other sites

IMHO yes

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

so what

they are not bailiffs..

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I don't live in the most private of places and whenever there is a new face around asking where someone lives it gets the neighbours talking!

And people do need to ask where I live as it's a little out of the way. It's a small community. I try to avoid having DCs calling!

 

I received further communication from RW yesterday at my address, and it doesn't look like they're writing to next door.

They want me to set up a repayment plan with them - not likely!

 

 

I've also been mooching around the internet and called the National Debtline as it could just be that this debt is already statute barred

- I've just got to determine when Nationwide initiated the demand for repayment, the 'cause of action' apparently.

I believe it was during 2009, which means that 6 years have already lapsed.

 

 

The Nationwide started reporting a delinquent account on my credit file a full 17 months before they got round to reporting the default.

 

 

I'm sure they must have demanded payment within a month or two of reporting the account was in arrears.

Only one way to find out I guess.

 

Will initiating a request for a SAR wake them up to the fact that I'm still around, or are we past that now the debt is with a DCA?

Link to post
Share on other sites

DCA doorsteppers are very very rare

 

 

you could sar NW or simply let it run

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...