Sorry to hear you're having this trouble too! I've done as advised here, but not heard anything back yet from Nationwide complaints department or from the DCA. So still waiting to hear what happens next. Best of luck!

Thank you very very much, Pinky69 and BB! That's great news about not needing to say much! I'm used to sending long letters, but on this subject I haven't a clue lol! Much appreciated for setting my mind at rest and advising on what to do next. Will get right on it

Hi Pinky69! Thank you so much for your reply. That is very reassuring to hear that someone else agrees the credit agreement is unenforceable and the DN unlawful! I haven't been through this before - as you can probably tell OK, so... 1) should I not respond at all to CCSCollect (the debt collectors)? 2) Re the letter to Nationwide Complaints Dept: should I just say what you've said here and nothing else? Or is there a standard letter along these lines? Sorry - I have no idea what to say as it's all new to me! 3) Re the DCA - how do they relate to Nationwide? Again a newbie question sorry! And is this all I say too, or again is there a standard letter people advise to send? Well, my credit rating is trashed anyhow due to some serious financial problems recently - I'm paying my other credit card debts by £1-a-month token payments at the moment, so there's not much hope for a good credit rating for a while...! Thanks again, very much, for your reply

Here are the pages they sent as my CCA. If someone could just check whether this is enforceable I'd be very grateful!

I've been doing some scanning to give more info... Here's the letter from CCScollect today:

Here is the full thread from the Nationwide forum (so you can see all the history), though I haven't had a response there recently and really need some advice if possible. http://www.consumeractiongroup.co.uk/forum/nationwide/198126-nationwide-cca-received-help.html Thanks again!

Hi, I hope someone can help... Nationwide have recently contacted me through CCSCollect Debt Collectors saying that unless I pay the amount overdue on my credit card (nearly £5,000) or make an offer to pay acceptable instalments 'within the next seven days' (due around about now - I tried a thread in another forum but didn't get a reply) then they 'shall have no alternative but to take action through the County Court to recover the amount due together with court costs and legal fees'. Now this account has been in dispute for a year and I've barely heard from them in this time. I think they have only just perked up now because a different debt collection agency is contacting me about my Nationwide bank account since they pulled my overdraft facility but that's another story! The reason the account is in dispute is that I requested a CCA a year ago (May 2009). They sent me a signed 'agreement' and I posted about it here (in the Nationwide forum), and was told that it was unenforceable. I'll try to get a copy here as I would like someone to double check that before I go any further with this if possible. I sent them the 'I do not acknowledge any debt' and had a Default Notice from them (which someone has suggested may be questionable too - though again I'd like to check this). Have also had various letters from debt collection agencies (though not for months) offering reduced one-off payments to close the matter - which I've ignored as I don't have that kind of money available and because they apparently still haven't come up with an enforceable agreement. So... could someone help me know how to reply to this letter demanding payment or threatening court action? As part of me putting the account into dispute, one of the terms was that they should not pass on my debt. So does this mean they should not be threatening court action, demanding payment through CCSCollect? Thanks in advance for any advice you can offer

Hi, Nationwide have recently got back in touch with me about my credit card debt (about £4500). I requested a CCA about July last year. They sent the form I'd filled in for the credit card, but not what anyone here thought looked like a credit card agreement (see previous posts in this thread). I replied with a letter that Clemma posted here - saying I do not acknowledge this debt. Since I last posted there's been silence from Nationwide. Now they are contacting me through CCS Collect saying the following (typed as scanner out of action): 'Our client Nationwide Building Society has authorised us to recover the full amount due to them. We regret that if we do not receive this payment within the next seven days or an offer to pay by instalments that we are able to accept, we shall have no alternative but to take action through the Country Court to recover the amount due together with court costs and legal fees. If Court action is taken and Judgement and a Court Order is made against you to recover the sum due, we may need to ask the court to make the following orders if the debt remains unpaid: - Warrant of Execution. seizure and sale of moveable property by a Country Court bailiff - Attachment of Earnings. Deduction from your wages by your employer Payment options are set out overleaf or alternatively call us now on .... to pay or agree a repayment planwith us. Yours sincerely....' So my questions are: 1) How do I respond? Should I resend the original 'I do not acknowledge this debt' letter, but to CCS Collect this time? 2) Can I be sure that I'm in the right - that they don't have a proper agreement? I've not done this before and am rather nervous at the prospect of going to court. 3) Should they have got CCS Collect involved? Does this mean they have passed on my debt? I think someone said they wouldn't have the right to do that because the account is in dispute... or something... Hope someone can help as I'm quite worried.

Hi, Nationwide have recently got back in touch with me about my credit card debt (about £4500). I requested a CCA about July last year. They sent the form I'd filled in for the credit card, but not what anyone here thought looked like a credit card agreement (see previous posts in this thread). I replied with a letter that Clemma posted here - saying I do not acknowledge this debt. Since I last posted there's been silence from Nationwide. Now they are contacting me through CCS Collect saying the following (typed as scanner out of action): 'Our client Nationwide Building Society has authorised us to recover the full amount due to them. We regret that if we do not receive this payment within the next seven days or an offer to pay by instalments that we are able to accept, we shall have no alternative but to take action through the Country Court to recover the amount due together with court costs and legal fees. If Court action is taken and Judgement and a Court Order is made against you to recover the sum due, we may need to ask the court to make the following orders if the debt remains unpaid: - Warrant of Execution. Seizure and sale of moveable property by a Country Court Bailiff - Attachment of Earnings. Deduction from your wages by your employer Payment options are set out overleaf or alternatively call us now on .... to pay or agree a repayment plan with us. Yours sincerely....' So my questions are: 1) How do I respond? Should I resend the original 'I do not acknowledge this debt' letter, but to CCS Collect this time? 2) Can I be sure that I'm in the right - that they don't have a proper agreement? I've not done this before and am rather nervous at the prospect of going to court. 3) Should they have got CCS Collect involved? Does this mean they have passed on my debt? I think someone said they wouldn't have the right to do that because the account is in dispute... or something... Hope someone can help as I'm quite worried.

I think I'm going to call the tax office today and ask that they agree I will pay the amount in full by the end of December, but to please not insist on the £77/mth plan because my work is very up and down. For example I have no money spare right now, but in two months when I'm paid for this job I ought to have enough money to clear most of the debt. Wonder if they'll go for that! I actually doubt it, but it's worth a try. Wish me luck trying to get through to them! x

Lol I know what you mean but in this instance I was spending the hours trying to get in touch with the tax office (being on hold forever then being cut off ) and talking to the CAB, CCCS and Payplan and getting action set up with Payplan for dealing with my other creditors. But yes an hour or so was spent just worrying, because I couldn't get through to anyone by phone because it was lunch time. All in all I spent 4 or 5 hours on all this yesterday. I agree totally - just worrying about the situation is a waste of valuable time when we could be earning. Totally agree with that and that's a trap very easy to fall into - as I know But my point is that it takes *so* long to make progress with trying to clear up the mess - trying to phone people, research how best to approach the creditors, learn the rules, and then write letters, go to post office, etc etc. It all takes time that could be spent earning money. And just so they can run you round and round in circles, having to argue every point - agh! Lol that's my rant on the subject. I guess it would have been much simpler to have somehow worked out how to pay my bills in the first place... or to have not got into debt, but you live and learn eh! Thanks though - I do know what you mean! x

Not your fault at all. It took me by surprise when the woman from the inland revenue said this on the phone. Ok I haven't paid on time in the past but they haven't ever sent demands like this before. I guess that doesn't make any difference though - if it's late it's late. Thanks for breaking it down like this. I hadn't thought of that. At the moment I don't have any non essential payments, so I'm just going to have to try and drum up an extra £10/wk business... My only other option is to agree to pay the lump sum by end of December (which is their aim to clear the debt by then). I have a job I'm working on now that will pay in 2months that *should* in theory cover this bill. However, that's banking on no other financial hiccups in the meantime and my other work coming in and paying as they should (which is a gamble). That is good to know. I have started paying, but they're simply not interested I'm really surprised at that and also that no company (CAB, CCCS or Payplan) are able to help liaise etc. They won't touch the situation and basically have told me I'm on my own! I have one last option and that's something called Business Debtline. I tried to call them as soon as I heard about them but they were constantly engaged - it was 4.30pm by then so I guess everyone was trying to catch them. Will try again tomorrow just to see what they say. You know what's ironic? I spent *all* afternoon trying to sort out this situation when I could've been earning about £50 towards paying off the debt But the upside is that I now have Payplan starting to work with me regarding my other credits (anything non-priority) which I'm hoping will help ease pressure there. Thanks for your advice. It wasn't your fault at all that it couldn't be followed in this case. I imagine they're looking out for something to trip me up with, and I gave them an excuse on a plate. Oh and I checked and the letter I sent them about my financial circumstances *DID* arrive! I sent it recorded and it's marked as received on the tracking service!!! Nice! Thanks x

OK well I've just been on the phone to CAB and Payplan and neither can help with the inland revenue situation! CAB have no appointments until Sept so referred me straight to Payplan or CCCS. Payplan apparently aren't able to deal with priority debts. They said I have two choices, either keep telling them I can only afford £30/mth and hope they listen or borrow the money from somewhere and pay the amount they're insisting on (£77/mth)! Is this really all I can do? I don't want to risk them coming to the house and wanting to itemise everything because I don't want to lose my car! And I don't want my boyfriend's things to be at risk! I can pay them over time and my situation is improving, but I just can't pay what they're asking yet. I'm feeling extremely pressured to just say 'OK I'll pay it' but I know that's a promise I can't keep... Help! Thanks x

I've received a letter today from HMRC stating that I've failed to respond to their request for payment. I sent them the letter explaining my financial circumstances but they haven't received it (I need to dig out the receipt as I sent it recorded....) The letter said that if I don't reply in 48 hrs of receiving the letter then they will make arrangements for someone to come to my house and list my contents and sell to auction to recover the debt... So I called them, said about the letter I'd sent offering a payment plan of what I can afford and they said this was *too low*! I have offered them £30/mth. They said I can keep paying that amount but they will have to continue action against me unless I agree to £77/mth for the next 5months (i.e. until my next self-employed amount in January will be required). They said they particularly won't accept my £30/mth because I have a bad payment history with them - i.e. always paid late. And these past late payments aren't related to the current economic climate... So basically it's pay the higher monthly amount or I'm screwed : Please help asap as I need to call them back to agree something. Could Citizen's Advice Bureau change their minds at all? Thank you x

Doh! yes PPI - I don't have that and if I had had it they would have stopped it now. Re the list, I thought I had heard that said before which was part of the reason why I didn't send it to them. Glad to hear it's not essential! Thanks again x

Thank you so much, Ida! That's reassuring to hear Apologies for not replying until now, I didn't see your response. Many thanks x

Thanks Andy I forgot about that option. I've never used this before. Is it trustworthy in that I'm uploading my signature? Also it says that using this signguard makes it harder for creditors to lift my signature - so not impossible? How much does the service cost, too, do you know? I think I read somewhere here that you could put lines through your signature yourself - would this be possible and how? These questions aren't just directed at you Andy lol Just trying to work out what to do for the best. Thank you so much for the suggestion. Have you used this yourself and with someone you know is trying to get your signature? Thanks x

Hi I'm just updating on this ongoing CCA case and wondering whether I should be doing anything at the moment? When we last spoke we discussed whether the default notice was valid or not, but looking at it I think it might have been? Sorry not to have concluded that conversation earlier. The terms you said it should state were given in the notice (see scans) but they were still requesting the entire balance of the account rather than just what was overdue - so there's possibly a point to pick them up on. I'm still a bit confused on it, but not sure whether it matters at this point. I ignored it anyway - as I'd sent them the 'I do not acknowledge this agreement' letter previously. Since then I've had two letters of note. The first was a letter from KPR debt collection agency stating in bold 'Discount on outstanding balance without prejudice' stating 'I'm prepared to offer you the opportunity to settle the debt by paying a one off discounted sum. We will close the account on receipt of this payment and no further action will be taken. You will not be required to pay back the remaining balance and Nationwide will record this debt as partially satisfied with credit reference agencies.' I ignored this letter because I'd sent the 'I do not acknowledge this debt' letter - so if I don't acknowledge the debt, why would I pay some of the debt? Also, I'm struggling to meet £1/mth token payments on my other credit cards so I wouldn't have any money for a one-off payment anyway! Then I had a letter dated 27th July with 'Final Notice' in bold from KPR. This states: 'You failed to take the action requested in our previous correspondence. your debt has now become a priority case and I cannot allow this to continue. You must call within the next ten days on [number] with an acceptable offer to repay the overdrawn balance. If you do not I will refer your account to a debt collection agency to pursue you for the outstanding debt.' Should I just be holding firm in silence here? Or should I send a repeat of the letter saying I don't acknowledge the debt? Thanks for any advice you can offer! x

Hi all, I CCA requested Capital One a while ago. They sent me an unsigned agreement. I decided not to pursue this at the time. Instead it became more a matter of importance to sort out the fact I couldn't afford to pay my minimum monthly repayments. So I wrote to them explaining my circumstances and asking them to accept a £1/mth token payment. Following advice received here I did not actually sign my letter but used a font in Word to write my name. They replied with the following: 'Thank you for your recent letter. Unfortunately I'm unable to action your request because the signature we hold on file does not match the one on your last letter to us.' Well, my last letter to them was the CCA request and in that I also used the Word font for a signature! I don't recall ever writing to them previously. So... could it be that they're trying to get hold of my signature because they *know* they don't have it, and without it there could be a problem with my credit card agreement? I'm not sure what to do next here, so if anyone can help advise I would be very grateful. I need to send them some kind of response as I'm still unable to meet my monthyl repayments x

Oh and should I do as they initially asked and send them a full list of my other creditors and the amounts outstanding, including any secured or unsecured loans. I didn't reply to that letter as I wasn't sure if they were meant to ask for this info or not. Should I give them the info now? I wonder if it would help my case. Thanks again

Many thanks for your reply dx, especially at this time of night! Wasn't expecting anyone else to be around Thanks for a very clear response. This is reassuring to hear! I thought this was the case but it's hard to remember when you're bombarded by letters, texts and calls from credit card companies. I'm going to look into reclaiming any charges again. I did this a couple of years ago with Lloyds and won back the full £500 What is PPI? forgive my ignorance! I'm still learning more on this each time I come to the forum. I've just sent £1 to Natwest to get back on track with my repayments. Thanks so much. x

Hi, I have a Barclays credit card and I wrote to them recently saying that because of my current financial difficulties I'm unable to pay their monthly minimum repayments and would they please accept a token £1/month payment. I sent them a copy of my personal budget sheet too. I had a reply back saying: 'Sorry to hear of your change in circumstances. Unfortunately we are not prepared to accept your offer of £1/month because it is too low. Please call to discuss a mutally agreed reduced monthly repayment.' They also said that interest and fees (despite my request in my letter) will still be added to my account until a repayment agreement has been reached. Plus they said that if I don't call an agent will come to my house. Well, I didn't call and actually I still need to reply to them (by post only, recorded!). They sent a card to say a Mercers agent would be coming on a particular date but we didn't see anyone - but then the doorbell was off! I need to contact them and say again, please accept the £1/mth payment, because it's all I can afford. I have had to do this with another bank too, but they won't accept either. So, any special advice for trying to get them to accept? I'm also trying with a number of creditors and not having any joy. Also is it legally acceptable that they moved my account to Mercers? Just want to check the details here. And last question, do I still send my £1 token payment to Barclays, or should it go to Mercers somehow? Many thanks for any advice x

Hello again, I've another brief update. HSBC wrote to me again saying 'I would like to recieve your proposals by return to repay your overdrawn balance in order that we don't have to formally demand repayment.' Doh I've told them twice already! But as you'll see from my history in this thread they're refusing to accept it. Do I just reply for the third time stating what I can afford (the token £1 payment), that my circumstances have not changed? Thanks x

Hi all, I have a Natwest credit card and have been unable to pay my minimum monthly repayment. I wrote to them to let them know about my financial difficulties and offered them the £1 token payment which was the most I could afford (I also wrote to my other creditors in the same way at the same time). Natwest initially replied: 'Thanks for telling us you're unable to correct the position on your account because of financial problems. We think the best course of action now is to withdraw your credit card facility, so we enclose a Default Notice. We have to send you this notice by law before we can terminate our agreement with you and arrange a repayment programme. At the end of the stipulated period your agreement will be formally terminated and we will contact you with regard to the repayment of the outstanding balance.' I had thought this meant OK, they'll accept the £1 token payment until the end of the timeframe noted in my letter to them (6 months). However, I must have been wrong as I've recently received an Account Termination letter stating that my: 'outstanding debt is now required within 14 days. However, I note that you have made a request to repay the debt with low monthly payments. As the suggested amount is less than the required 2.25% payment, after 14 days your account will be transferred to our Debt Recovery Office. You will then be contacted regarding the outstanding balance, in particular your request to make payments below the required 2.25% of the balance each month. ... Interest will continue to accrue on the debt until repaid in full.... Your account will be reported to the Credit Reference Agencies as a Default if repayment proposals acceptable to us have not been made within 28 days of the date of this letter.' 1) Is it their right to transfer my debt to their Debt Recovery Office? 2) Does anyone have any tips re Natwest'd debt recovery office - are they reasonable regarding token payments? 3) Should I somehow insist they stop adding to my debt by adding interest? I believe this is in my right isn't it? 4) Can I do anything about them reporting me to the Credit Reference Agencies? I also received a letter a while back saying: 'Thank you for returning the completed financial statement. To enable further consideration to be given to your offer of repayment, I require a full list of your other creditors and the amounts outstanding. If this includes any loans, please advise whether they're secured or unsecured.' I didn't reply to this letter. I'm afraid I stuck my head in the sand again Plus I've missed one of the monthly £1 repayments. Should I reply to this letter now, along with any reply needed to the other letters, and should I send £2 this month to cover the £1 I missed last month, or just pick up with the £1/month again and stick to it? Many thanks for any advice you can give. x

That is reassuring to hear. I hadn't realised before posting about this tonight that this was the case! Lol I'm polite and honest, but I get scared easily, and then I don't stick to my guns when they try to bend me a little. In a letter there's no room for bending - I can be polite and honest but say it like it is. That all sounds great. Thanks! And great wording too! Wonderful, thank you. I will do this. Much appreciate your help x