Small bump on if you think I should reply to W..cot or just ignore and see what comes next ? Abs x:)

Hi there, I also have a Nwide ccard app the same as yours also from 2000, which I have recently challenged. My challenge is that an application form is a pre-contractual doc. Also, the prescribed terms have to be within the 4 corners of the signed agreement (which can run to more than 1 page but the signature must be following all the contractual data), of which the doc they sent me as a CCA has none present. Have sent them the in dispute letter, to which they have not responded, but handed it directly to KPR their internal collections team - who i have just sent a bemused letter .... Abs x

sorry .... duplicate .. deleted...

Quick update .... Wescot did indeed write to me again, following their offer letter, instead with a letter of threats, to which I sent them the bemused letter, advising the account was in serious dispute and that it would continue to be so until BOS provided a correctly executed and lawful agreement in the matter. That was 24 April, today recd a letter from Wescot advising .... "having contacted their Client, they have advised that your complaint has been finalised and request you contact the Financial Omudsman Service if you have further disputes". As this is a total load of tosh given by BOS to Wescot was just going to ignore, as we know referring to FOS is useless as they are not qualified to comment upon the legaity of contract law nor pass any judgement that may be enforced in law. Suggest a reply back to Wescot or just leave and see what happens? Abs x

Thanks HS .... small admission from me .... I didn't actually send the bemused by recorded delivery ... (I know that was naughty of me ... so have just slapped my own legs in disgust .. !!). I think at this juncture I will send a 2nd bemused letter but by RD this time .. and then go with your advices of the LBA letter (if they still decide to play silly beggers ... )!! Shall get the bemused off tomorrow, and post up when I receive anything else from them .... Thanks guys ... Abs xx:)

Hi all and thanks for the advice .... !! Their letter commences with .... FINAL NOTICE "This is our final letter Before legal action commences, as you've ignored previous letters regarding the outstanding sum of £XXX" blah blah ... "In light of this, unless payment is received by us in the next 14 days, Nationwide or one of its representatives will be instructed to commence legal proceedings without further notice." This is your final opportunity should you wish to discuss settlement of the account by a lump sum or by instalments. To avoid receiving a claim form from the court I urge you to contact me immediately on xxxxxxx. Otherwise start up court fees of between £75 and £360 will be added to the amount you owe." Bemused letter .... ? Bearing in mind they appear not to have recevied my orignal one, and see what they come back with or straight to CPR? Abs

Hi all ... This is really a sub-thread to my original where Nwide had doorstepped me .. but thought I would start a new thread as this is about a different aspect of their skullduggery .... CCA'd NWide on a credit card (10 yrs old £7k+) ... rec'd a copy of an agreement which had no prescribed terms (apart from the right to cancel) within the 4 corners of the doc, nor any reference to where they may be found .. you know the usual rubbish that creditors send out when CCAd ... Anyhoo ... duly wrote to NW with the "dispute" letter... then got a further doorstepping letter ... replied accordingly and that was the end of that !! NWide have never responded, even to defend, my initial letter of dispute send Feb 2010 .. its just simply been ignored ... Then on 28 April KPR appeared ... Their first letter (without predujice) was to offer a "substantial reduction to settle the account" .... and kindly invited me to "call them without delay" I responded with the bemused letter, and asked for the matter to be referred back to NWide as my complaint (i.e cr*p CCA) was yet to be addressed by them. Have recd no reply to this from either NW or KPR... Then today recd a letter from KPR advising that as I have not responded to any communication from either them or Nwide, that the account had now been terminated having already defaulted ( yes the default notice is bogus, not enough time for service, incorrect layout .. etc .. you know the usual failings talked about at length on here), ... and that if I don't pay up within 14 days .. its going to court, where they advised that all costs will be added to the amount I owe. So .... what do I do next .... ? Well I was going to send them the "bemused" letter, advising them that their assertions of non communication are bogus, and can be proven as such, and also giving them the full lowdown on just why the account is in dispute...with the normal advice that they should refer back to NW for resolution.... Or ... do you think I should send the CPR letter as KPR are threatening court action, as I think someone else was recommended to do this (can't remember the thread or creditor ...... but its at the back of my mind from somewhere ... ) ... or have I mis-remembered and thats what NOT to do .. if that makes sense ! Your thoughts .... especially those who have been down this route with similiar situation, and the wordly wise site team/experienced caggers on here who never fail to get the right result for us newbies .... As always, each and every bit of advice is greatly received and your help is always invaluable ... Thanks peeps ... Abs xxx

No doubt AC .. but their record did go missing from my file for a while, then has suddenly reappeared .... but with no payment history, just payment status 8 (which signifies more than 3 payments missed) and a default registration. To be fair one more Default on the old list won't make much difference ... just a bit peed off really that Mint removed their record only to put it back on again .... But we shall see .... Abs x:)

Update ... Experian have come back and said that the creditor does not need a signed document to process data, if they can prove a relationship by a history of a maintained account with a history of regular payments - that this is enough on its own to allow them to lawfully process data ... but Experian have said they despite this, they have contacted Mint for an explanation. As always people ... update as and when ... !!!! PS .. welcome Andy and DSYS....! Abs x

Ok .. update .... Bugger .... Mint default has "re-appeared" today on my Experian report. Have written to experian to advise that as there is no signature to any agreement, there is no statutory authority from me for Mint or them to process my data... Anyhoo see what transpires and I will update as and when ... Abs x

Update ..... Following great guidance .. emailed Experian to advise that in respect of an Egg account, they had allowed the original creditor to lodge a default for the debt, then when the Egg sold the debt, they then allowed the DCA (new owner) to also register a (2nd) default for the same debt. Reminded them, that as a data controller they had a legal obligation to ensure all entry's were correct, of which they were now aware from my communication, that was a serious problem concerning this account - to which I enquired how they intended to rectify the situation. Upon checking my credit record today, they have removed Egg's default record ....just leaving the DCAs remaining .. so I would say a success in this one .. !! Thanks to all who gave advice on this, which gave me the info I needed to challenge Experian on this and force their arm .. thanks guys 'n' gals !!! Abs xx

Welcome to our little club Dotty ... !!! Have a good read through this thread, and any other Mint thread to give you an idea how they like to play the game ..... With regards to me, still nothing from RMA (after the wonderfully kind offer they made), or Mint or anyone else. But as always, as soon as I hear anything from anyone, so will you .... if we keep sharing info and advice then their every move can be defended ... how fabulous !!! So on with the good fight chaps ... !!! Abs xx

Experian have come back - Cabot say as they are the legal owener the default stays ... Egg say they can't amend their entry either. Told by Experian to call Egg - who told me that as the account has been sold to Cabot, they can't and won't discuss the account with me .... !!! They have told me to back to Cabot ...

Hey Jon ... great to hear from you again on this one !!! Thanks for the copy of your letter that you posted up .. have decided to just ignore the "offer" letter - but will respond if they write again - telling them to bog off .. again !!! As always ... watch this space ... updates and developments as and when ... !!! Abs xx

Update ... following chasing letter from Westcot I duly sent an "in dispute" letter, advsing them to refer the matter directly back to BOS ... to which Wescot replied that their client doesn't need to give me a copy of my signed agreement, and that I should contact them if I had a dispute .. ??? As a load of twaddle, I just ignored this letter from them ... then Sat am I received a letter from Wescot, who were "delighted" to tell me that their client BOS had specially selected my account to receive a substantial discount to settle the debt .. I have 10 days to contact Wescot, or their client (BOS) will withdraw their offer... And round ... and round.... we go ..... Abs xx

Apologies Rameses if you assumed my reply to thread was in some way directed at, or indeed has upset you in any way... certainly wasn't in my thoughts when posting ... Without clogging this thread with a post to explain my post .....(if you know what I mean ..!) My reply was directed to the OP only, and to solely give them as much assistance to reference points as possible, as is the aim of this forum. In this case advising them that there is already a live thread on overdrafts, which has many posts and legal arguements, with advice from experienced Caggers & Site Team member, and details from other Caggers experiences, and in which the OP may find something usefull to their cause ... or not ... as the case may be .... ! Simple as that really .... and sorry if it was taken in any other way ...

Make sure you get balanced advice from experienced bods relevant to your query ... have a look at this thread ... it may help ... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/237096-overdrafts-covered-ccas-5.html

Hi there, Thanks so much for the advice ... I have made an on line enquiry explaining the basis of my complaint and why the record should be removed. I will keep you posted on developments... Abs x:)

Hi Had an Egg card (& loan) whom when things fell apart financially, I entered into a payment agreement with for both. They defaulted me for both debts, which is understandible. This arrangement continued for about 6 months, when they sold the credit card debt only, to Cabot whom contacted me to discuss maintaining the payments I was already making. A monthly payment amount was mutually agreed and that was that. However, I today checked my credit record (as I periodically do) and Cabot have ALSO now registered a default for the egg credit card debt - so I have 2 defaults of the same account - from 2 different creditors. The date of the default from Egg was 14 Aug 2009, which is about right. Cabot have noted the date of default of 1 Aug 2009 (ie when they weren't even involved). I also have received no paper work or notification from Cabot of their intention to also register a default, and don't know what benefit it is to them to have registered a 2nd default for the same debt . Now, I understand having received a default with Egg for both the credit card and loan, as I did not maintain the agreed payment schedule with them (ie could not meet min monthly payments, so entered into a repayment plan). But don't understand how I can have also have a default with Cabot for the credit card - as they were not the original creditor, and also I have maintained WITHOUT fault the payment arrangement with them, none late, missed or overdue - so at an absolute loss and really quite furious about this ..... Whats going on ???? Any ideas on why they have done this and can I get this 2nd default removed ....!!! I was going to ring or write to Cabot to discuss, but thought I would get all my facts straight here before lauching off on them ... So all help and advice would be very gratefully received my friends !! Hoping you can help .... Abs x:)

Hi .. I also won't be taking NW to court over the OD, but bearing in mind their response to my CCA request saying that ODs are only partly covered by the CCA74 - in respect of reporting ... what would be the best next move for me? My original CCA request included the following regarding the regulation of ODs under the CCA74 .. "you will be aware that an overdraft is a debtor creditor agreement as defined under section 8 and 13 of the Consumer Credit Act 1974 (CCA74), and is a running credit account as defined in section 10. Accordingly, s78(1) of the CCA74 sets out quite clearly what is required in order for you to comply with my request, and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. (I then went on with the standard CCA request letter) The register of a default doesn't bother me, but what does worry me, is NW or their reps getting this into court .... in this case shall I just keep re-sending the "in dispute " letter, including ref to the above as defence to any possible litigation Any thoughts ? Abs x:confused:

Ok ... would you advise sticking to my "no agreement, no payment" stance - and just see where it takes me (and others in a similar position who are reading this thread) ? Abs x:)

Hi, Well I've already sent them the "in dispute" letter, as this response is well outside the 12 &2 day cca time frame. I'm unfamiliar with the McGuff ruling (sorry to be out of touch!), what impact will it have on the situation of those who are challenging banks when they don't/won't produce a CCA for their OD ? What defence do we have with ODs and no agreements, compared to those that we have on similar situations with credit cards & loans ? Abs x:)

Hi .. just thought I'd share this .. wonder what you think ..? I CCAd NWide in relation to od on bank account, quoting to them that the OD part of acct is regulated by CCA74, and under what sections - and asking for a copy of my agreement. They have replied with this, which is quite interesting really .. "where a current account has an overdraft, then the overdraft element is partially regulated by the CCA. In the case of an overdraft, we must comply with CCA requirements in relation to taking action for recovery of the debt, so any notice we serve on a customer must comply with the CCA. However, the original agreement to grant an overdraft does not have to meet the formal agreement requirements of the CCA. Therefore your request to provide a copy of the credit agreement is not applicable." (then they go on to say you can make a subject access request for £10, and that collection activites will continue, which could result in a default). So on one hand i.e in THEIR benefit the recovery of ODs are covered by CCA (i.e they can register info on your credit record) - but in respect of any consumer protection, then no they are not regulated by the CCA ... confused .... or is that the name of the game??? Abs x

That makes a lot of sense .. !!!! I've only ever had an arranged overdraft with them ... and as I say only actually started using it about 6 months ago .. !!! I think they are trying to pre-emt my request for a singed agreement ... inferring that there was never actually an agreement in place for an ongoing overdraft .. which is laughable for the amount that it is (in the 1,000's to be exact .. available for yrs .... I know frightening ... !!!) They're rang me 3 times today, twice on my mobile and once on the home line ... !!! They are getting on my nerves now ... !! Abs x

Hi all, My OD agreement was withdrawn as they said they had reviewed my account, and as I had previously exceeded my OD limit (which was down to their charges) that they had elected to withdraw the facility. The OD facility was authorised by them from day one, and I had the availability for along time before I had to use it ... in fact my account is over 20 yrs old. I have letters when the OD facility was increased, without it actually being used to be fair, and in each one it says authorsied. In fact the letter reducing the od in January, clearly states we are reducing your authorised OD facility ... so the "informal" reference in the default notice is confusing me slightly !! My cca request contained the following paragraph to stop them trying to use "a bank account isn't regulated" line ... "You will be aware that an overdraft is a debtor creditor agreement as defined under section 8 and 13 of the Consumer Credit Act 1974 (CCA74), and is a running credit account as defined in section 10. Accordingly, 78(1) of the CCA74 sets out quite clearly what is required in order for you to comply with my request, and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. Do you think the above is ok? And what is an "informal" overdraft ?? Abs xx:)