Got an offer letter from them in the post this morning, the gist being: 'we intend to defend your claim, however on a purely commercial basis it would cost us more to do this and we will not get our legal costs back' (boohoo...) 'we are willing to reimburse you 1259.00 plus 23.59 approximate interest, and 120.00 court fee amounting to 1402.59' 'we do not consider that you are entitled to the 154.01 you are claiming and we will defend that part of your claim' 'I willw rite to the court to let them know that your claim has been settled and would like you to do the same'. ========= So what do you all think? they haven't threatened to close my account or anything. they have put charges through since the court action was initiated but that's a whole nother story (aka claim lol)

Got this email from Thus Plc this morning: To which I replied:

I can use that in my subsequent plea. We'll see what happens.

Sent them letter before action 3rd May, nothing but another template letter day sorry but tough. Claim issued on moneyclaim.org today: The Claimant has an account with the Defendant, opened April 2006 2. From 1st January 2007 to 28th May 2007 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £1289.58; (b) Interest per S.69 County Courts Act 1984 of 8% - £19.95 continuing at 8% until judgment or settlement at a daily rate; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court. Wish me luck! Sam

Defence sent today: DEFENCE 1) The Defendant objects that the Claimant's statement of case does not comply with the Civil Procedure Rules Part 16 in that a copy of the purported written agreement between itself and the Defendant, which it cites in paragraph 2) and 3) of the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. The Defendant is therefore unable to plead specifically to the allegations contained within the Particulars of claim at this time. 2) The Defendant has repeatedly requested a copy of the written agreement cited by the Claimant in its Particulars of claim (the first request being 19th February 2007), along with other such documentation in respect of the Defendant's alleged indebtedness to the Claimant, under a Data Protection Act 1998 Section 7 "Right of Subject Access" request. The Claimant has failed to comply. 3) Further to paragraph 2) above, a demand has been submitted by the Defendant under section 77(1) of the Consumer Credit Act 1974, requiring the Claimant to provide true copies of the alleged original agreement (the first request being 19th February 2007), as well as true copies of all documents referred to therein. The Defendant avers that whilst a creditor fails to comply with such demand any agreement would be unenforceable in its entirety by virtue of section 77(4) of the Consumer Credit Act 1974. 4) The Defendant objects that this action has been brought prior to the Claimant providing essential information and documentation, as outlined in paragraph's 2) and 3) above, despite repeated requests that it do so. The Defendant avers that the Claimant has acted without adherence to or regard for the Pre Action Protocols of the Civil Procedure Rules. 5) Accordingly, the Defendant requests a stay in proceedings until such time as the Defendant complies with the requests outlined in paragraph's 2) or 3) above and is therefore able to provide the necessary documentation in order that it can plead its case in compliance with CPR 16. The Defendant reserves the right to then plead further to the Allegations contained within the Particulars of claim.

S.A.R sent recorded delivery today to Demon, 1st Credit, LCS Solicitors, all of whom have sent me letters about this.

I'd have ignored that Stuff them, you know what, stuff the S.A.R. I'm going to let them stew in their own juices. I've already told them not to contact me any more after the 26 envelopes arrived. If they threaten me with anything I'll so the S.A.R and counter-claim for the hourly cost of opening 26 envelopes and researching my rights. Stuff 'em I say! Stuff the lot of 'em I've got enough on my plate.

Well, in my opinion these charges are hidden. Not at any stage did I get anything other than the 24.99 receipted invoice, never anything about usage balances carried forward or any note that said I was incurring the charges. I will do a S.A.R and ask them for previous notification of these charges. They CAN'T, they just CAN'T just say 'sorry you cancelled, here's a bill for charges for the last two years which, oops, we never mentioned to you'. They just can't, can they? I'm just....speechless.

As if I don't have enough problems I was with Demon Internet from May 2005 until February this year. Their internet package was 24.99 per month for 2mb broadband. I found an alternative deal, gave them 30 days written notice to cancel, requested my MAC code, and moved over to Sky Broadband. Shortly afterwards I received a refund of 11.00 following closure of the account. I construed this as closure. A few weeks ago I received thirteen (obviously computer generated) letters asking for 24.99. The following week I received another thirteen letters saying the same thing. I then started receiving phonecalls. So, I sent them this letter: Today I received a 'without prejudice' letter from them saying that there is actually an outstanding balance of 299.98 and enclosing a statement. The statement dates back to 2005 and I have NEVER missed any payment to them, I just paid my 24.99 a month and that was that. I never EVER received any correspondence from them that I was incurring any extra charges on the account, not ever. The plan I had with them was a 'homeoffice account' which was 'unlimited usage'. I'm aware that there is an unfair usage on most of these broadband contracts but shouldn't they tell you and not save up the charges for two years until you cancel? I'm absolutely GOBSMACKED that this has happened, especially since I have actions on the go with my credit card and bank, I am at the very end of my wits. Please help, any advice would be appreciated. Sam

Hi Electric, I'm in exactly the same boat at the moment with Nationwide Credit Card. I've had exactly the same few days that you have had, and their advice is right: Stay calm, have a glass of wine. Then read the information you have been given a few times. Decide what you need to do next and in what order it needs to be done. From what I've read you are in a very strong position. My fingers are crossed for you, and don't forget - you are NOT alone. If it wasn't for the guys n gals here I think I'd have given up long ago. The only advice I can give is don't let them get you in a flap - this seems to be what 'they' try and do. Approach the problem with a steady hand.

I thought as much, so I just said to them 'Well you've just issued court papers to me so it wouldn't be appropriate'

The date on the claim papers is 1st May. I posted my acknowledgement of service this morning. They just called me on the phone to discuss ( !! ) - I told them that I'm not prepared to discuss the case over the phone after court papers have been filed - presume I was right doing this ..

Acknowledgement posted today wither way. Will post defence before end of week - wish me luck!

oh p.s. the papers arrived on my doorstep Friday (11th) and the claim is dated 1st May 2007 - it IS 14 working days to reply isn't it?

Thats PERFECT. I will use that exactly as is. ~phew OK, I'll let you know how I get on. I'm guessing I should go ahead and report them to OFT and will look for the template for that. Thanks sooooooooo much I might actually get a nights sleep tonight!

Just to add to that, they issued a default which is still on my credit file, could I ask for this to be removed in my defence papers? Also, how/who should I write to at OFT?

I requested a copy on the 23rd February. They (and their debt recovery people, KPR) were also faxed a copy about a week later. I have had absolutely nothing from either in response. I did get a phonecall from them about two weeks ago but told them that I would only accept a written response to my letter 23rd February and hung up. Sam

Yes, this is everything that was in the envelope: Claim Form Page 1: Claim Form Between: Nationwide Building Society Unsecured Debt Recovery and Me. Page 2: Particulars of Claim: "In August 2000 the claimant and defendant made an agreement for a credit card. By failing to use the credit card in accordance with the terms agreed between the Claimant and the Defendant and by failing to repay the unauthorised borrowing against the account on demand, the Defendant is in breach of the terms of the credit card agreement. The claimant claims the full amount outstanding from the Defendant." Page 3: Court Notes on Completion Page 4 & 5: Court Notes for Replying Response Pack Page 1: Acknowledgement of Service (with three options - 'I Intend to Defend ALL', I intend to Defend part', 'I intend to contest jurisdiction') Page 2: Admission Form Page 3: Defence and Counterclaim Page 4: Notes for Defendant on Replying There is no supporting documentation whatsoever. Sam

Thanks Annie thats useful. I've put a post up there as I really need someone to tell me what words to put in my defence. Haven't slept very well for a few days argh! Sam

I am looking for some advice after reading this thread. Nationwide Credit Card have issued a court action against me (see http://www.consumeractiongroup.co.uk/forum/general-debt/66646-nationwide-credit-card-twist-2.html for full details) I requested a true copy of the CCA on the 23rd February and I have never received anything whatsoever. I would like to know exactly what words to put in my defence papers. Papers were served to me Friday. Appreciate any help you can provide here, I am in a panic. Thanks Sam

OK, thats put my mind at rest some. I'd have thought that they'd at least attach a copy of what I signed if they had it. So should I say exactly that on my defence? My other question is, even if they can't, could they say "Well you were paying this off until last year so this must be your debt"...??

Yes there are unlawful charges, dating back to last year at least. And yes, they have NEVER produced a copy of the signed credit agreement despite my asking in writing. Thanks I really need some advice here, I'm in a panic...

Ok, This morning I received court documents from Swindon County Court for the full value of the card, how should I respond to this? I am terrified now. The facts are that I sent Nationwide CC a letter (as above) in February and they have never produced me a copy of the signed agreement. It says in their court papers (quote "In August 2000 the claimant and defendant made an agreement for a credit card. By failing to use the credit card in accordance with the terms agreed between the Claimant and the Defendant and by failing to repay the unauthorised borrowing against the account on demand, the Defendant is in breach of the terms of the credit card agreement. The claimant claims the full amount outstanding from the Defendant." There is NO copy of the credit agreement with my signature on it. How should I proceed with this? What should I put in my defence? help? ~shake Sam

I am still getting letters from their debt collection agency, and they still haven't produced a valid copy of any signed agreement. Sorry to be a pain but can anyone point me to a letter I can send that would put an end to it. Thanks

I recently got a response to my second claim saying: 'I note that you previously accepted a payment in full and final settlemtn of your complaint regarding bank charges on your account. At the time we advised you that any future charges would stand, therefore I am unable to agree your request for a further refund' (The last settlement was for 2006 charges). I am sending them an LBA today. Have let this drag out a bit actually, should have stayed on top of it. Does anyone have a link to the wording I should add about closing accounts, I want to put something in there that says 'additionally if any retaliation is made...' etc... Thanks Sam