sorry I have to disagree with the other posters. My experience with John Lewis has been nothing but outstanding. Couple of years ago I bought a 42" HD T.V which failed outside the 12 month standard guarntee, phoned them up and it was replaced within 2days. Bought a vaccum cleaner from currys around the same time, failed after about 8 months. Phoned Currys. told to contact the manufacturer to claim on their guarntee. after to and frowing currys eventtualy replaced vac under warranty, only after several emails, letters and the threat of legal action under S.O.G.A.. In the real world S.O.G.A and the other relavent ACTs are ok with a dispute with an obstructive retailer, but I would rather put my faith and trust with an outstanding one such as john lewis, who's by word is the customer.

Extremely saddend to hear of the loss of Martin3030. He was a great source of help for many of us on here R.I.P and Thank you for so much

bump

Just an update to this thread. Situation is still ongoing with the nationwide and I am now in a position to take this forward with a vie to bringing action under Bcobs. would just like some advice on a particulars of claim and wheather to sue for breach of statutary duty also would it be possible to add to the claim form N1 for the removal of a default applied after the account was officialy in dispute. Thanks

Out of interest what kind of card have the nationwide provided, if it is the cash card + then this is still classed as a basic account. I would also check on their cheque clearance times for paying in a cheque. most fully functional current accounts allow you to draw on the cheque after 2 working days The nationwide flex account with cash card+ take 7-10 working days for cheque clearance.

I agrree with rameses the priority is to go for set-aside as time is of the essence. In the meantime I would check out the credit reference agency credit files with both experian and equifax and and focus on the previous searches section to see if wescot have left a footprint for an outstanding debt trace. ( equifax would be best for this as they hold searches for two years as opposed to 1 year for experian) If they have left a footprint for a debt trace search and this pre-dates the new ccj, then this begs the question why have wescot sent a county court claim to a previous address when a trace would have given your new address. This will also give you ammo towards a succesfull set-aside.

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 collectors 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 account. 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.

Just a thought Brig, but would this not be covered under Sec. 24 of the statute of limitations act 1980 24 Time limit for actions to enforce judgments. (1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable. . (2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

KPR are the in-house collections department for the Nationwide. 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 Collection is a business name of Nationwide Building Society, whose principle office is at Nationwide House, Pipers Way, Swindon SN38 1NW

What most concerns me is that despite my my dispute, a default has been registered on my credit file, not by the OC but by the DCA it is just as though the OC wanted to dump this asap to get out of any kind of liability with regards to the unlawful charges.

If you mean, That they assumed that I would of not of remedied the breach, then I would have done so. If it had been made clear to me of my indebtdedness to Aqua, aside from, the charges on the default notice I would not be in this position which I now find myself in No inclusion of oft notice. And yes your right, a vast difference from the termination notice ammount and to the ammount stated as owing to cabot. A question in point, Is the Account closure and Agreement Termination letter legally valid under the C.C.A. or can they just keep on charging me ?

Received a notice of assignment from cabot for an old Aqua mastercard dating back to 2009. On the assignment it states the ballance as being £578. I received a default notice for this account on the 16th july 2009 and then on the 29th july 2009 received a your account is now closed and the agreement has been terminated letter. On the Account is now closed and agreement has been terminated letter it shows a ballance of £320 about of which, £150 comprises of unlawful penalty charges. Prior to the default notice I sent a THIS ACCOUNT IS IN DISPUTE LETTER with regard to the unlawful charges applied to the account. So the question is, Is the default notice Invalid as the number of days from the default notice to the termination of agreement is only 13 days and thats not allowing for for posting. Thanks in advance for any help

Not forgeting the effect the affect that a default may have in the housing sector ie, if a landlord or agent may carry-out a credit check on potential tenants

UPDATE UPDATE. Firstly lots and lots of thanks to Erikap. And the template letter that she so kindly provided to myself But also appologies for not responding sooner with an update, as I have been unwell with the flu and havent been able to get to my P.C Well the letter that Erikap sugguested worked wonders. I sentit by recorded delivery and by hand. Within a matter of days after they received the letter they had re-determined the decision and found in my favour. they have now paid me all my benefit from the day that it was sanctioned to the present. Many thanks from all, but special thanks to Erikap.

Many thanks ErikaPNP foryour letter template and the help that you have provided. I was sanctioned on the 4th november and the first I knew about it was when I did not receive my payment. I dont think that I would be entitled to Hardship payment as my partner works and after payment of essential household bills food etc we are left with about £5 per week. Will send the letter by recorded post and also hand deliver it. Many thanks once again for your help

Awarded J.S.A in july 2011 Sanctioned In november 2011 Thanks for your help

HAfter a period of 2 weeks of work related stress I had my employment terminated in may 2011. At this time I had only been emplyoyed for around 11 months. When I returned to work after the 2 week sick note ran out I was asked to attened a meeting on the day of return with my General manager. At this meeting it was explained to me that he thought that this type of work may not be suitable to me on account of my absence with work related stress, but also that they were streamlining the maintenance department and my position would no longer be availible. At the time I remember asking if I was being sacked because of my period of time of sickness, and he replied no it was because of streamlining. This meeting ended with his comment that if I need to apply for any unemployment benefit then he would fully support any application that I may make Due to the reasons that he gave for terminating my employment. So towards the end july 2011 I made a claim for jobseekers allowance, and gave the reason for leaving my last job on the application was due to termination of employment due to lack of work as advised by my employer. I was awarded J.S.A contribution based From july 2011 to january 2012. Then in November 2011 when I Should have received a payment I did not. When I contacted the jobcentre I was told That I was sanctioned as I left my job volutarily and needed to complete form ES84. When I questioned this I asked why I had not been given this form to complete at the inital stage. They said that they did not know and would look into this. I received a call later that day and the person who called me said that it was an error on their behalf and that there was no evidence on my file that they had requested me to complete ES84 and the person who called made an abject apology and said that they would send one to me by first class post. Durring the period from when I was sanctioned to the present date I Have not received any official letter from either my jobcentre plus office or the benefits delivery centre stating the reason for the sanction, how long it will last and hoe to appeal this sanction. Interestingly while looking for info on here I came accros info posted by Erika.p with a li nk to the DMA chapter 34 and in subsection 34229 it says a sanction should not be imposed before giving the claimant a chance to respondello all those that may be of help in this issue, especially erika.p , howeve r this appears allready to have been done So in essance Im just looking for the next step to take as I have had no response from

Sorry for the late response as my internet was down for the past day. Anyhow it appears that citizan b has explained fully. Just thought initially that it may have been a [problem]. sorry if it may have caused any alarm, but better to be safe than sorry. Thanks once again CB and site helpers

Are you running a free xmas prize draw. Just got an email to advertise this

If you or your representit ve , ie your father have not entered into any payment plan, or negotiated, or acknowleged any debt to the creditor or made any form of payment, even token payment of £1 within the last six years Then you can consider it has satutary barred. If the creditor has re entered a default notice against yourself they need to prove that you have acknowleged the alleged debt. If they can not then they leave themselves open for an action of Defamation, even if they remove it at a later date, ( the damage may have been already done) at a cost to yourself). You need to contact them and re-iterate this to them.

I would be hard pressed to find a cc judge who would allow a creditor to attempt to enforce a judgement after the expeiry of such a legnth of time. And if a creditor tried it on any Defence for yourself would be section 24 of the limitations Act 1980.... (1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable. (2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due. For this reason alone, cc jugdes would not normally allow enforcement.

I would also suggest that you find out if there were any Independant witnesses to this incident, because a family member, close friend although a witness have a conflict of interest and can say anything really. I would also suggest anyone else reading this who may find themselves in similar circumstances try to find or have an Independant witness as this will save problems in the long run

bit of an odd one to me. If your confident that no such collision took place the I would defenatly not plead guilty by letter. if only for the implactions that could result by pleading guilty. Failing to stop or report an an accident is a criminal offence and endorsable on your license code AC10 and 5 to 10 points. And once you have pleaded guilty there are the civil repercusions, Insurance, posibillity for the other party to claim for damage that you not of caused also a personal injury claim for whiplash. If I were you I would contact your insurers and see if your policy includes legal protection and if so get them on the case.

Just a brief explanation of the recent problem that I have experienced with the nationwide. I have recently been charged paid item fees, X 4 @ £15 a time for apparently not having enough money in my account to cover them, however I know that is not the case. EXAMPLE: I have an account ballance of £20 and an available ballance of £10. I then have a deposit of £10 made by the faster payment scheme, which is virtualy an instant deposit. I then check my account which is showing a Ballance of £40 and an availible ballance of £20. 10 minutes after the faster payment transfer I then make debit card transaction for £15. After this transaction I again log onto internet banking to check my ballance, which is £25 ballance and £5 availible ballance. All well and good so far, however it isn't. After recieving a recent statment from nationwide I found that I have been charged paid item fees, It would appear that they have put the card transactions before the faster payment deposits even though the faster payments were made before the card transactions and showing as the availible ballance. In essance I would like to know what is the best way forward with this and the paid item fees incurred. many thanks

I would hazard a guess that it's more likely down to security reasons than the banks trying to placate their customers. When have the banking institutes ever put their customers first............... NEVER. I may be wrong and even cynical, but I think that that they are attempting to reduce their fraud liabillities more than anything......... Who knows ?...