The court are giving Nationwide til the 8th December to produce a signed credit agreement and copies of all statements since inception.

Well, I have a fifteen-minute appointment with the court at noon today - I'm guessing this is some kind of preliminary hearing to set a court date? Any tips? Wish me luck I had hoped it wouldnt get this far.

I've done a search on the hmcs web site and there's nothing - no code on the document either despite it coming from the court. I will call them tomorrow and ask them how best I should complete it.

No I've already done one of those. Front letter says: It is ordered that 1. All Parties do serve and file (and agree if possible) suggested directions on attached DANACK tick box form to progress this action no later than 4th October 2007. 2. Fix appointment on Monday 22nd October at 12.00pm at Basingstoke County Court.... 3. Refer back to the District Judge upon filing of the suggested directions for consideration of an order and vacation of the directions appointment.

Thanks Gem, I'm not going to reply to Nationwide. The fact they say they've refunded something or other to the card is their problem, I didn't ask them to. So, should I just send the questionnaire back with a letter telling the judge that Nationwide haven't produced a valid CCA and that he should dismiss the case? I'm just wondering how to word this. Thanks again for advice Sam

OK thanks GEM. Nationwide have just refunded some charges (which I DID NOT ask them to do) and want to agree payments based on my balance back in August 2006 when the dispute started so they are obviously keen NOT to go to court. I have already told them ('without prejudice') that I WANT this to go to court and IF the CCA they have produced for an old cancelled card is valid AND IF they can explain why they haven't responded to my TWO requests for information under the Data Protection Act - satisfactorily to the Court - then I reserve the right to negotiate any debt I might be liable for. Thats when they wrote, apologised, threw a few hundred quid at me and want to agree that this 9 grand or so is my debt. So the whole case hangs on that... First hearing is 22nd October. I HAVE one more question: the court have sent me a three page form to complete called 'ALLOCATION/DIRECTIONS TICK BOX FORM' and I'm unsure how to complete it or what to tick.... can anyone help here? Have to hand it in by Thurs this week. I basically want the Court to throw this out or 'stay' the case indefinately - but I dont think there's a tick box for that! Any help appreciated, thanks!

What?

It has carious sections with tickboxes: these are: Allocation Judgement Disposal Directions Case Management Directions Experts Further Case Management Directions Hearings Costs Other Directions To be signed and dated by District Judge ??????? Any ideas?

It's a 'ALLOCATION/DIRECTIONS TICK BOX FORM' I have to submit it by 4th October and not sure how to complete it, it has a load of abbreviations and no completion notes.

I have received in the post a form to fill in which directs the court on how to handle the case (????) Its about four pages worth of tickboxes and I have no clue what to do with it, how to complete it or whether to at all. Does anyone have any ideas? How do I direct the court to deadl with this claim? hearing 22nd October - I am defendant in my Nationwide Credit Card action (see other thread under my username) Any advice appreciated. Sam

I would very much like to have an answer to this question: Nationwide corresponded with me saying that the credit agreement they produced for the card which was cancelled in 2002 applies for ANY card issued to me, despite the number of the card being printed on the agreement. And if that's the case, WHY did they send me another Credit Agreement to sign with the current card number written along the top? Any urgent advise would be appreciated, I have court dates now and am in correspondence with Nationwide 'without prejudice'. *frantic*

I got the exact same email, it's a template. I'm going to let Demon take me to court. There they can explain why they tell me about two hundred odd quids worth of accumulated charges after cancelling the service, instead of when they started to accumulate. That's if they are competant enough to take it that far. Let them try.

I don't have acces to a scanner. The agreement is, well, a consumer credit agreement. At the bottom its got my signature, Nationwides, and a card number - which isn't the number they are quoting on their default notice or court papers. I've got a period of stay to the 15th August so I might write to them again, copy the court, asking for a credit agreement with the correct card number on it as I requested in my original dpa request. What harm can that do I suppose. Really depressed now.

:oops:

~bump

I had no trouble getting my MAC from them, or getting my account closed and getting a refund.....it was after that I got my bill for hundreds of quid. They can take me to Court for it because I am NOT paying it. They can prove in court they were telling me about this extra balance what was accumulating - I know they didn't. Interesting about the provision of MAC Code free of charge - since many BB providers charge a cancellation fee.

TY Timsta, my question was though whether I can still use that defence if they have produced a credit agreement but for a different-old-cancelled card no. written on the agreement? If so, I will

This is an interesting post, in view of the fact that Morgan Stanley Credit Card (who now go by the name of Goldfish) are quite possibly the worst offenders on the planet! If you miss a payment with these people, your name goes into their computerised calling system. On one particular day I was called no less than thirty two times, over and over again right up til gone 9pm at night - half on my landline and half on my mobile phone. With the mobile phone I have it will say '18 missed calls' then when you select that item it will give you the phone number and the number of times it called - but then somehow once you've viewed the information the number of missed calls is wiped, it just shows the number that called you. I've had half a mind to purposefully miss a payment in order to record the phonecalls at their very worst in order to expose them to whatever authorities would be interested - how would I go about doing this? I'd be interested to know how other people record calls of this type, particularly those that aren't answered. I could photograph my mobile phone screen and maybe video the landline calls coming in.. or something.

~bump Sleepless in Andover :o

~little bump

Looks like this IS going to Court. Nationwide have just sent me a letter containing a copy of a credit agreement that I signed in 2000 for a card BUT: That agreement had a different card number on it - that card was stolen, reported so, and cancelled. So my questions now are: - Can I still say they haven't produced a signed credit agreement for the card? - If it comes down to it: - I asked for a copy of the signed credit agreement back in November 2006 - isn't there a set time under the Data Protection Act that they have to produce documents - have Nationwide committed an offence by not responding until now? - My ultimate defence (if it turns out I have to) will be that back in August 2006 I phoned and asked them to cancel the Credit Card Protection Insurance numerous times, I signed and returned two cancellation forms (I didn't copy the first, and, as I don't have a photocopier or scanner, photographed the second - which isn't very good), and they never did cancel the insurance - and the charges for that were the only thing going on the card - which they were charging me against. I am prepared to commence payments again If they cancel the Credit Card Protection Insurance as I originally asked them to and have the balance revert to what it was back in August 2006. - Can I do this? Should I? Is there anything else I should add? Would appreciate any help anyone can give - I've never been to court before!!

Yesterday I received a missed call which I returned. It was from 1st Credit, and after giving them details they said 'Someone must have called you by mistake, this account has been cleared.' I'm still getting letters from them so if this goes to Court I will refer the Court to my letter about harrassment/Communications Act and show them the subsequent letters and phonecalls I received. And that'll be the end of it hopefully

I think the 154.00 was compound interest calculation..not too bothered.

Actually I've just checked my account and: 1259.00 and 143.59 deposited to my account today! Thats' that then, grats to me, thanks to everyone.....again. See you on the next run!!!

Last week I received an envelope containing about six invoices (six months worth) with no covering letter, no agreement, no contract, nothing. I haven't had any other correspondence from them or any since. None of these invoices had any small print or anything even indicating to the fact that I was incurring extra charges, so I fully intend to act upon it if I hear from them again. I also dug out a copy of the terms and conditions, particularly looking for their fair usage clauses and there are none, least I can't find anything in the T&Cs that came with the 'starter pack' in 2005. Additionally, they changed the service late 2006 - shouldn't they have sent me a new contract/T&C's? Anyway..it's all quiet for now.