Hi all

Just got my ackowledgement sent today stating Nationwide (Mr Bacon) intend to defend in full I am presuming by reading other posts that this is another one of their letters before they submit their defence as "paid in full". Still they now have until 2nd April to submit defence so I better get up to speed on the AQ just in case.

from hannah8686

She then explained that every time they get a customer take them to court, they acknowledge then the details basically take a while to be added onto a sprreadsheet by there administration dept. After that they become part of a 'refund' Queue.

Well that is heart warming to know thanks hannah

Only trouble with the Queue Mahharg is once your in it, it feels like its a lifetime before its your turn to be paid... ~sigh~ im still waiting... Been watching others who are just a few days in front of me get there money so my turn must be coming up real soon... Oh how i wish those people that push in the front of queues would show me how so i can push to the front lmao.. Still i guess we should wait patiently..

Still i guess we should wait patiently..

Yes indeed - still it doesn't really matter to me as my other half as already spent it in her head so I suppose I don't want it to come before any easter sales then I might get some change for half a lager .

PLEASE HELP!!!

just got a letter from Nationwide today saying.

We have credited your account with

£445 charges (correct)

45.43 pending charges (????)

£80 costs (correct)

£110.27 8% interest

(correct at time of submitting claim 21/2/07 interest to increase 10p per day until settlemnt)

sounds good at first but for a problem

The account has been closed/defaulted since 2004 so I requested payment by cheque on my N1 claim form. How could they credit my account?

I am still paying the defaulted balance via Moorecroft debt recovery but assume that this is not controlled by Nationwide.

My Moorecroft has a different account number than that of my Nationwide account number which is the one apparently credited so don't think this is the reason.

I am assuming that this is just an error and one phone call will sort it out someone please assist.

Hello mahharg!

If U had originally said that U were paying Moorecroft DCA for a Debt U owed to Nationwide, U would have been advised a totally different course of action to follow!!!

Am about to rush off to work, so I'll be very very brief...

In Order:

1/ CCA 1974 letter to DCA

2/ If non-compliance after 12 days, the DCA is in Default and U can suspend re-payments.

3/ If further non-compliance after another calander month, the Debt becomes unenforceable and the DCA comits an offence.

4/ U can then put pressure on the DCA to remove their Default from your Credit Report with the CRA's.

5/ As NO agreement with the DCA, start Reclaiming EVERYTHING that U have paid them!

6/Start Reclaiming unlawful Charges process with Nationwide.

7/ If the original Debt has been assigned to the DCA, as part of your Reclaiming Settlement with Nationwide, U could have insisted that Nationwide paid U direct by cheque.

Hopefully someone else might be able to tell U how to retrieve your current situation, later tonight??

If I get time tomorrow, I'll try to have another look @ your thread myself.

...But no promises though...12hr shift tonight!!!...

Nice little email to [email protected] and let him know the error and im sure he will correct it... remind him of the deadline before judgement

hi MTM and all

I might not have explained myself properly let me put you in the picture.

Back in 2004 I owed Nationwide around £1800 which I accepted at the time. The whole amount was sold to moorecroft back in 2004 because Nationwide defaulted me which I couldn't argue against. Now I currently owe moorecroft around £900 of the original £1800 (paid the other £900 to Moorecroft in agreed interest free installments via CCCS - ). So Moorecroft really have done nothing untoward unless I am not looking properly.

Only because of this site I started to claim back my "unlawful charges" from Nationwide after all they applied the charges not Moorecroft. I worked out that £445 out of the £1800 was unlawful ,the rest was not.

Anyway here is a full text of the letter which looks like a standard letter considering the account is closed - What do you think. BTW MTM you are a star replying just before your 12 hour night shift.

(Blue text = my comments)

Nationwide Building Society

Member Accounting Servicing

1st Floor Electra House

Farnsby Street

Swindon

SN2 1SR

Telephone 01793712758

16 March 2007

 

Dear Mr ***********

 

 

Your FlexAccount Number 0***/*********

 

I'm writing , following your recent correspondence in which you asked us to refund charges on your account.

 

I'm now able to confirm that we've refunded £445.00 in charges (correct) and cancelled £45.43 in pending charges on your account(???). We have also credited £80.00 to your account to cover costs (correct) and a further £110.27 which represents interest calculated at the court rate of 8% from the date the charges were applied to the date of refund (correct when I filed claim on 21st Feb but should be rising at 10p per day until settlement).

 

Altough we have refunded charges to your account on this occasion(account been closed since May 2004), we are unable to provide you with a current account that is completely free of all charges if you breach the T's & C's of your account. We will, therefore, expect you to comply with the T's & C's of the account, in future. If you are unable to do so, it may be appropriate for you to make alternative banking arrangements as it may be necessary for us to give you 30 days notice to close your account (already closed) if further breaches of the T's & C's arise.

 

The Nationwide Group uses the FSA rules when dealing with customers' concerns. I've enclosed a leaflet that explains our Internal Complaints procedure if you are unhappy with my reply

 

If you have any queries, Please contact me, my address and telephone number are at the top of this letter.

 

Yours Sincerely

 

Gareth Davies

Customer Experience Co-ordinator

Member Account Servicing

Any comments considering my account is closed, Money owed is with Moorecroft DCA, my claim as been with Charles Bacon since 5th March and I requested on my N1 claim form that payment is made in full by cheque. So shall I give Mr davies a call or not?.

Hi All

Been busy all morning sorting this here's where I am up to.

Contacted Nationwide who state my account is open and the money (£600 for illustration purposes) has been credited to my account leaving a balance of £300 pound overdrawn. Obviously there is no way of getting this money as it is. I currently owe Moorcroft £900 who are collecting on behalf of Nationwide and after phoning them it is still £900. So found out that after I pay Moorcroft my agreed interest free installment via CCCS - they forward it to Nationwide. It is therefore down to Nationwide so I emailed Charles Bacon the following

Dear Mr Bacon

I received a letter from a Mr Gareth Davies from Member Accounting Service yesterday stating that the money I claimed had been credited to my account.

If you refer to item 6 on my "particulars of claim" on my N1 claim form you will note that it states "It is requested that these sums are paid in full to the claimant by cheque.".

I am aware that after speaking to mr Davies this morning he is actually trying to contact you regarding this because he needs your confirmation before he can issue a cheque. Obviously if the cheque is not issued then my claim has not been fulfilled, I hope we can come to satisfactory conclusion on this matter so I can cancel my claim.

Yours sincerely

Am I still entitled to the cheque even though I owe them money and even though I am paying Moorcroft a pre arranged amount every month via CCCS??

Dear Mr Bacon

I received a letter from a Mr Gareth Davies from Member Accounting Service yesterday stating that the money I claimed had been credited to my account.

If you refer to item 6 on my "particulars of claim" on my N1 claim form you will note that it states "It is requested that these sums are paid in full to the claimant by cheque.".

I am aware that after speaking to mr Davies this morning he is actually trying to contact you regarding this because he needs your confirmation before he can issue a cheque.

Gareth Davies or sir Davies (very polite and helpful person - can I click his scales LOL) has phoned me back today to tell me that Mr Bacon has confirmed that I had requested a cheque payment on my N1 form. He has said that he is posting a cheque to the full amount this afternoon so looks like I am touching distance from saying I have won.

Advice to everyone, if you require a cheque make sure you include this request on your POC otherwise you won't have any comebacks. If I didn't I would have never seen that money.

Help...Whats happened to mine. I received my acknowledgement saying NW have until 25th March to defend and still no sign. I have even sent an email to charles bacon asking for status. What can i do to speed up the process..Is there a number out there i can call.I have received no post.

Sorry ms IMPATIENT:p

well well well :D

Cheque arrived in post this morning for £635.27

Claim £445

interest £110.27

Costs £80

I have already put it in the bank (not Nationwide) I won't cancel my claim until the money actually clears (never know). Good timing actually my partner is due to give birth to our 2nd child 4th May so I know where money is going to.

I think i deserve a tipple though.

Do Nationwide send me a form to return to confirm that I have accepted the payment or is that the end in dealing with them?

To all those that have won don't it make you feel good?.

To all those who haven't won just yet it will come just follow the instructions and you will have your money. From sending my prelim' letter to getting my cheque took in total 60 days.

Congratulations!! What fantastic timing with the new baby on the way.

You'll get a letter in the post confirming the payment and possibly advising you of a second chance to play by their rules or they will close your account next time you take them to court. It's also likely that you'll receive a form from the courts telling you the defence has been submitted: 'we've paid the claimant in full'. You can then respond and ask the court to close the case. As far as I'm aware (and you might want to check with a more knowledgable person), that's the end of the story. It's up to you whether you pay your debtors. Enjoy your money and your new baby!!

Kelly

Hello Mahharg!

...It's up to you whether you pay your debtors. Enjoy your money and your new baby!!

However...

I personally would at least look again @ 1-4 of #41.

I appreciate your honour etc, but my way of thinking is that IF Moorcroft were just acting as agents who were collecting the debt, that U originally owed Nationwide, on Nationwide's behalf, then Nationwide would NOT have sent U a cheque.

Nationwide would have simple withheld the Reclaimed money and off-set it against what U owed them.

This would have saved them having to pay Moorcroft any commission charges for collecting the debt from U.

Methinks that the the debt has been legally assigned to Moorcroft (...i.e. been bought for a small pittance).

It is often the case that the DCA will NOT have the correct paperwork, to be able to comply with a CCA 1974 Request.

That will NOT be your fault, but it is against the law, and as such, should NOT be condoned.

DCA's continually flout the law with some of their underhand pratices.

They have made untold thousands of genuine and honest people's lives a misery.

They make a huge profit on what they collect from people, compared to what they actually buy the debt for.

Just checkout some of the threads in the following link:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/

U will STILL owe Moorcroft approx £300, even after U pay them the Reclaimed Charges money.

Do U NOT owe it to your new baby, to make sure he/she is NOT born into debt slavery?

If a CCA 1974 Request establishes that U do NOT have an lawfully signed agreement that is enforceable, then your new baby will be £900+ in Credit!

Is it NOT at least worth a punt???

P.S. It may also help U get rid of a DEFAULT on a Credit Report!!!

http://www.consumeractiongroup.co.uk/forum/legalities/

Hi Mtm

look at the time I had been up all this time reading Collection agency threads. From what I can Gather I will not be venturing into it. Correct me if you think otherwise.

1) Nationwide are actually still updating my Credit Reference files (even though they defaulted me). So presume it is still with them.

2) If it is still with them would it not be almost foolish to rock a boat where I am paying off what I admittedly owe in interest free comfortable payments and then have moorcroft pass the collecting back to Nationwide who could perahaps start charging interest?.

3) would it be correct to go down the cca route on a current account and if so could I get a bloody nose say 5 of years down the line when suddenly Moorcroft find a way to produce the agreement which they have obtained from Nationwide?. The way I am going now I will have this paid off in about 6 months then I will be free with no one knocking on my door or making threatening phone calls.

Reading the threads were very eye opening and made me think very carefully. I might be giving up some money which has been collected unlawfully but unlike bank charges they have not deprived me of my money which should be mine, it is money that I admittedly owe the bank. Think that bit makes sense. I know that my soon to be daughter and my 2 year old son will grow up and go to school with their dad not in any outstanding debt with no one chasing for anything. That is what I want and this way it will happen.

Hi Mtm

look at the time I had been up all this time reading Collection agency threads. From what I can Gather I will not be venturing into it. Correct me if you think otherwise.

 

1) Nationwide are actually still updating my Credit Reference files (even though they defaulted me). So presume it is still with them.

Your account with Nationwide has been closed since May '04.

It therefore follows that your agreement with them to allow them to continue to process your Data has also ended.

Having a DEFAULT on your Credit Report can be potentially more damaging than actually owing any money.

It will stay on your C.R. for 6yrs and make further credit applications very expensive, if not impossible to obtain!

I personally, would check out the threads in the Legalities Forum, to see if there is a way to get the DEFAULT removed.

 

My 1st reaction about your debt being legally assigned to Moorcroft is still prevalent.

U would need to establish that with Moorcroft.

Perhaps U could send them a S.A.R., if U don't feel up to sending them a CCA 1974 straight off??

 

In any event, U could still take issue with Nationwide with regards your DEFAULT.

There are a few possible routes...

The right for them to continue to process your Data, with your agreement having ceased.

Continued unnecessary Hardship.

Correct issuing of a Default Notice to U.

(A S.A.R would confirm this)

Getting on to the CRA's themselves to stop processing your Data.

 

Don't just accept a note on your Credit Report stating that your debt has been "SETTLED".

Aim for a complete removal from your Credit Report.

 

2) If it is still with them would it not be almost foolish to rock a boat where I am paying off what I admittedly owe in interest free comfortable payments and then have moorcroft pass the collecting back to Nationwide who could perahaps start charging interest?.

If a debt is in dispute interest can not be charged against it.

In the worst case scenario, any interest applied to £300 over a period of 6 months would be negligible, compared to any benefit that could be gained.

 

3) would it be correct to go down the cca route on a current account and if so could I get a bloody nose say 5 of years down the line when suddenly Moorcroft find a way to produce the agreement which they have obtained from Nationwide?.

If they could produce the agreement within 12 working days + 1 calender month they would.

To do so after the debt has become 'unenforceable' and they have committed an offence, would be extremely foolish on their part.

The fine that they could be liable to pay, far out-weighs the amount of debt that they would be hoping to recover from yourself.

 

The way I am going now I will have this paid off in about 6 months then I will be free with no one knocking on my door or making threatening phone calls.

That is how DCA's work and fear of what U have stated, is what they rely upon.

The law is on your side if U wish to stop them unlawfully harassing U.

U just have to be strong enough to want to apply the law if it becomes necessary.

 

Reading the threads were very eye opening and made me think very carefully. I might be giving up some money which has been collected unlawfully but unlike bank charges they have not deprived me of my money which should be mine, it is money that I admittedly owe the bank. Think that bit makes sense.

That is ALWAYS your preogative.

It is YOUR Claim...YOUR money...YOUR life.

YOU will do what YOU think is best for YOU.

...and so YOU should!

 

I know that my soon to be daughter and my 2 year old son will grow up and go to school with their dad not in any outstanding debt with no one chasing for anything. That is what I want and this way it will happen.

Mmmm...

If U haven't thought of any names yet for your 'soon-to-be' daughter

...How about "MilkTrayGirl"???

 

Was just a thought!...lololol...

Hi

Current accounts themselves are not regulated by the CCA. An overdraft is, but is exempt from the agreement regulations. This means that there is NO requirement for a formal credit agreement with an overdraft so a CCA s77/78 request would produce nothing.

Under the CCA, the bank only has to give written notice (at the start of the arrangment) of the OD limit, interest rates and the procedure if you wish to cancel the arrangement.

Regards, Pam

Shouldn't this be in the Nationwide success thread??. I have pm a Mod.

Hi everyone

Just to inform the poeple that have read this thread I am now a proud father of a beatiful girl now 1 month old. I know it has been a while but family will always come first so had to help out mum. Anyway it is funny I see loads of newbies here they are all starting off. My advice to you all

don't be afraid, never speak on the phone (if they do phone you, tell them that you are recording the conversation). They will soon hang up. Why???.

Always and that is the main advice ALWAYS stick to YOUR timetable I am talking like if you give them 28 days to reply and they reply in 14 days don't send them an LBA until the 28 days have elapsed. GOOD LUCK EVERYBODY

Congratulations on your new arrival, I hope mother and baby are well.

Speedy

Congratulations Mahharg! Did Mum spare you enough pennies to wet the baby's head?

K.