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Everything posted by petedoyle

  1. got my letter from Abbeys legal team and their defence today - obviously they have appelaed it and it has been 'stayed' barign inmind im going/using the SOLA for this claim - is it worth appealing this stay or wait till the test case has been heard then go for it?
  2. hi guys, need a bit of advice further to my other postings in this thread... last year i won approc 5.5k for my hsbc charges, i also have a MLfor £7.1k, been payign back steadily for 2 years 2 months now... decide to take them on as part of the ML incorporated these unfair charges...plus the amoutn i have actually paid back top date SHOULD leave a very small amount left on the loan - but i have recived a very worrying letter from DG today. btw - my date has been set in my local court for 29th jan 2008. dear Pete we have spoken with the court and confirm the hearing on 29th jan 2008 is a 'disposal and assesment hearing" and not neccessarily the fianl hearing of your claim. essentially this means that court establish wether the parties may be bale to negotiate a settlement of the claim and/or what directions are needed. having retrived your file of your previous 'bank charges' claim we not that a payment of £5962.86 was aceepted by you in full and final settlement on 1st dec 2006. (pd - this is true i did take payment of this amount and sign full and final settlement) your current claim primarily relates to an allegation that those bank charges are now 'rolled' up in your managed loan although having accepted a full and final settlement you are estopped from raising that issue in the current proceedings (pd - is this true? can they do this?can they? should i continue my claim or leave it out? i dont know where i stand ont his legally - or know my rights - as they are correct - onyl part of the claim relates to the bank charges, but a significant amount none the less - HELP!) thereafter you make allegations of harrasment, mis selling and bullying, althoght, as detialed in our clients defence, those allegations are stenously denied. im summary we therefor reiterate that you claim is denied in its entireity and you should therefore simply continuemakign payments to the ML (i am) in accordance with the T&C that were excepted by you. on that basis we invite you to discontinue you claim immedaitely on the understanding that our clienty will not seek the costs of that discontinuance (what does all this mean?) fialign that we will make an application to the court to be heard on 29th jan 2008 to stike out all or part of your claim. in the event that your claim isn not struck out or it is only struck ouot in part our client will ask the court to order you to fully particularise the allegations that you have made.(again waht does all this mean?) in addition our client will ask the court to award costs against you pursuant to CPR 27.14 on the basis that you claim is unreasonable. we trust that this makes our clients poistion clear and we look forward to receivign notice of discontinuance. now i know most of this sounds like bullying and scare-mongering tactics, the other thing is - that date thats been set - i have to go abroad with work and CANNOT get out of it - can i ask the court for another date teo re-schedule? and secondly, what should i make of this letter? i really am concerned, and dont need the stress, but coudl do without it all...baby no 3 on the way, job lookign shaky etc. etc. thanks Pete
  3. many thanks lula - oops didnt see your reply form 6th nov - cheers for that as well, too late as i had already used the MCOL and apologies, head is a mess today - my date is set for HSBC managed loan - NOT my abbey claim, but i did recive a letter back from court with abbeys defence detials that they do intend to defend the claim, but as you mentioned we have to all wait the outcome of januarys test case...oh well at least my complaint is lodged and logged! Pete
  4. got my letter back form the county court - date set for 29th january. any advice on how i can tackle my claim using the SOLA act - as my claim goes beyond the 6 year deadline, ANY ADVICE wold be greatly recieved...
  5. thanks Powell. we got a true singed executed copy of the loan agreement, but it was just a 'one sheet' with ours and theirs signatures on it - is this 'correct' - or should i have been furnished with more info than this one photocopied piece of paper? managed to speak to a very very helpful lady at nationwide HQ on friday, and i manged to also get 2 'footprints' removed form our joint credit files as they messed up puttign though enquireis as applications - which is a big no no, expecially as the wife has recently been a victim of identity fraud.
  6. wife got letter from nationwide this am - £2 o/d has caused the 'ripple effect' of over £150 worht of bank charges...im sure were all familair. she already claimed back £1400 at the start of the year - can she put in a 2nd claim? can you claim again if you have already claimed? whats the law on this kind of thing? thanks Pete
  7. hi powell, thanks for this info - your half right you have raised some interesting and valid points for me to consider. appreciated. pete
  8. got my letter this morning - court date set of 29th Jan 2008, have heard nothign back from DG in relation to re-negotiating my loan amount. was hopign i would, seems i now a proper fight on my hands...
  9. havent filed my MCOL just yet - bit worried that my SOLA will be thrown out as its so far gone - i need to hear from people who HAVE been sucessful withe their claims on this basis usign the SOLA. thaks Pete
  10. ok thanks guys - its just i am still payign this loan - i did get some advice from a freind and was told to carry on paying if i could (i can just about!) and the advice i was given: In order to enforce the loan they would need to take you to court and supply a copy of the agreement. If it has all the prescribed terms then the judge will grant an enforcement order. If it doesnt then he will not and the loan then becomes void. You will not get the payments you have made back but in all likelihood the loan will be wiped out because its like me saying you owe me money but not having anything to back it up. They would then have to remove any defaults held against you. There is also the possibility that you can recompense for any defaults ie have a look at the legalities section on "pricing defaults". At this moment in time Nationwide have committed a criminal offence and you can report them to trading standards. I would suggest that you contact trading standards and advise them of this. It is up to you whether you continue to pay the loan but if the agreement turns up you will have to make payments and possibly any arrears. If it was me, and I could afford the payments, I would tend to contact trading standards and continue paying. Trading standards will then take on the case and make them supply the loan agreement. If they dont then, like I say, the loan will probably be wiped out. so what what should my next move be (apart from waiting) you see this is a joint loan for me and the mrs, i dont want to stop paying and then screw up our joint credit rating, (we have another baby on the way, so dont want to stress my wife out with it all.) just so you have the facts we havent missed a payment and we are still carrying on as normal making the payments (last one made last week) greatful for any more advice thanks Pete
  11. ok so they havent responded at all...their 40 + days are up, how long should one wait for? i thought now they have exceeded the time line given and they are commiting an offence we need to push forward and sned them something? who do i contact then and let them know what has happend - the trading standards office or the ombudsman? thanks Pete
  12. hi curlyben thanks - im still confused - to clarify - are you sayign i dotn need to send out any letter at all - or just remove the bit about the default?
  13. reassuringly appreciative again of your comments, thanks gemspan Pete
  14. Thanks for that. do you think its possible (as the have staed they clearly intedn to defend this claim) and have submitted a serious defence that it will go to court, even though any judge/normal person will see that the case stacks in my favor and the evidence i have to proove my case is unquestionable, or will they DG/HSBC string it out for a while (like they did on the bank charges) and then at the 11th hour - 'make an offer' ??? anyone have any experince of a ML being handled like this in the courts. Pete
  15. the 40 days have expired have not heard anything from Nationwide. this is a template i have got from someone elses thread... Dear sir or madam Request for true copy of Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974 I wrote to you recently requesting a true, signed copy of any credit agreement that exists in relation to the above account. This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request. Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence. Both of these deadlines have now passed and I have not been provided with a copy of my terms of agreement, I have not received the true copy of my agreement I am entitled to. This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account. As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking, but I assure you I will also be questioning the fact you have shared my information without my consent, violating the data protection act, as well as the consumer credit act. On the advice of the Financial Ombudsman, I am now requesting a final decision in this matter from you. Should this decision not meet with my satisfaction, then I will pursue the matter through the Ombudsman. The maximum timescale for you to give a final response to any complaint is 8 weeks. This time runs from the date of my original complaint, in this case that is the request for a true copy of the credit agreement. Therefore, you must provide me with a final response in this matter, including your proposed actions for this account as soon as possible. It has been over 45 days since my initial complaint. Please note, you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must provide me with a detailed breakdown of your reasoning behind continuing to process my data (within 21 days). It is not sufficient to simply state that you have a ‘legal right, you must outline your reasoning in this matter and state upon which legislation this reasoning depends, as you will be relying on it in court. There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this. Should you fail to respond within 21 days, I will take this to mean you have agreed & removed all such data. Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies: You may not demand any payment on this account, nor am I obliged to offer any payment to you. You may not add any further interest or charges to this account. You may not pass this account to any third party. You may not register any information in respect of this account with any of the credit reference agencies. You may not issue a default notice related to this account. Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement. I look forward to your final decision on this complaint within 21 days. This should include your proposed actions in relation to the lack of a credit agreement. Yours faithfully, anyone got anythign top add/omit?
  16. just had a new letter from DG today - with exactly the same defence as the one they previsouly submitted, so it looks like they are intending to defend the claim - looks like i will be going to court then!! ironically i had a missed call on my mobile yesterday from HSBC - i called it back one of those stoopid 0800 numbers...'no need to call back'...i dont know if it was related or not? anything i should now do as this has been transferred to my local court?
  17. many thnaks for your replies guys, will check it all out - cheers for the info.
  18. can anyone please explain if a loan becomes unenforceable 'what this actualyl means' - and what happens to the loan, and all the repayments made to the loan. my bank are abotu to defualt under the 40 day notice.no correspondecne, no letter, no signed copy nothing. does this mean the loan becomes quoshed and the repayments have to be paid back to us - please someone help!
  19. phew thats some serious bedtime reading! (thanks) ok have slowed down now, i must admit i think i have been seriously misled by reading other threads on loans/managed loans etc, using the CCA tactic to get loans quoshed and payments repaid to the customer, i am sure i have read about this actually happening in other threads - and thought this was the reason why people were CCA'ing their loans to see if they dont get the reply theyre after in the timescale given then the loan gets wiped out, obviously i have severly misunderstood this... so, if the loan IS found to be unenforceable - what does this actually mean? and what would be the actual possible outcome of a situation like this? am really confused so need it breakign down into laymans terms for me thanks again
  20. hi curlyben, thanks for quick reply! my legal knowledge is non existenat - so please bare with my niavety.... so what does this mean then if it goes to court the loan cant be enforced? im confused, surely a loan that is unenforcebale means its illegal surely?and therefore if theres no papertrail to indicate that there has ever been an agreement in place would mean that theyd have to pay it all back? no? how come? obviously if i am wrong - can you please provide info on what i should be doing, or what happens and what i should do - if you know? thanks Pete
  21. myself and the wife have a £20k loan taken out with Nationwide 2 years ago ( nearly to the day!) we have been paying it back steadily for 23 months (approx £300 pm) and i sent in my CCA letter and £1 cheque,(which still hasnt been cashed) got a POD from my first letter sent on 27/09 so i know they have got my letter, NO REPLY within the 12 days...and now, next monday the 40 days are up - WITH NO RESPONSE, not even a letter or acknowledgement of my letter. IF we dont hear anythign after the 40 days, have we 'won by default' - and the loan gets wiped out and they have to repay everything pack we have paid to date - is this, my understanding of it correct?? is it as clar cut as that if we do 'win'....or is it still a battle to prove they have committed an offence and get our money and the loan quoshed? what are the next steps to take if this is the case and how do i go abotu it? anyone else experience this with Nationwide? or know of any other simailare threads i could check? thanks Pete
  22. got letter back from DG solictiotrs on Friday 19th.............thanks for your letter dated blah blah we confirm that we are recalling our clients earlier file realting to your previous county court claim (do they mean the one i did last year for the bank charges?) once tha has been considered we will be in a position to provide a detialed reply to your letter. yours DG my letter contained pretty much points raised in the above thread and some very useful comments from gemspan et al. i know its a standard fob off response, but im assuming they have had a kcik up the backside by the simple fact the court HAVE removed my stay, as this DOES NOT relate to bank charges (kinda does though - indirectly!) so now things are movign again....im still paying back the loan untill this gets sorted as i dotn want to defualt and get any blacklistigns or mess up my credit report....
  23. hi guys, i got this in from MCOL today in relation to my question (as per gemspans bit above in this thread) i got this reply Thank you for your e-mail. We are awaiting another defence form the defendant as they first of all filed a holding defence which is usually only filed for bank charges claims. They have been given until 21st October 2007 to provide this. You should wait until this time has passed before proceeding. You will be notified if the new defence is filed and will be sent a copy and the claim will be transferred to local court for a hearing. If no defence is received then you will be able to request judgment by default. what does a 'judgement by default' mean exactly, i have seen it mentioned in other threads etc, but what it does it mean in this case? thanks P
  24. sorry gem one last question, i mean to say as this has already gone to court, and DG itnend to 'defend' the claim (as per their letter) the letter im senidng to them (that you helped me edit-cheers) i do send it to DG and nto the courts right? p
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