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    • That's not what we had in mind.   The time to be sending SARs was way back in March or earlier when you first heard from them, not at the last minute when you're on the eve of a court case.   You need to write a snotty letter so the idiots realise (a) you haven't moved so no chance of a backdoor CCJ and (b) you're a pain in the backside who would cause them big trouble if they did do court.   There's a suitable snotty letter in post 32 at  https://www.consumeractiongroup.co.uk/topic/439586-futuregladstones-anpr-pcn-paploc-funfair-bridge-st-stourport-on-severn-worcs/page/2/#comments  Obviously change things such as the addressee details and the amount of the Unicorn Food Tax,  add the PCN number and send off tomorrow to both DCBL and UKPC, otherwise you could well get a county court claim form.    Use snail mail, not e-mail, if this does get to court, using e-mail would mean they could file documents at one minute to the deadline full of lies which it would be too late for you to counter.   If you want to send a SAR as well to find out what this is all about, then fine, send the SAR in a few days' time, but to UKPC only.
    • AMAZING and thank you so much.  Still not able to access online MCOL so will be emailing.  Just waiting for hubby to get home so he can sign the form. Will keep you posted.
    • Could I please have some help putting a defence together, I have tweaked the defence which DX kindly helped me with from my other ongoing case, here is what I have so far   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 is noted. I have had in the past a contractual relationship with Barclays Bank. The Defendant does not recognise the reference number provided by the claimant within its particulars therefore I am unable to admit or deny the alleged debt claimed. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.   3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclays Bank and received by the Defendant.   4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank. 5. On receipt of this claim on the 25/08/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant is yet to respond to this request. PRA Group (UK) LTD is yet to respond in relation to the CPR 31.14 request. To date, 20/09/2021, no documentation has been received. The claimant remains in default of my section 78 request. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • The SARs letters will be as follows (via emails)   to DCB Legal:  (a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017. (b) I have sent your client a SAR (c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses. (not relevant as they are writing to our current address)   to UK Parking Control Ltd: - ALL photos taken - all letters/emails sent and received, including any appeal correspondence earlier - all data held, all evidence they will rely on, and a full copy of the PCN, NTK - and a list of all PCNs outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs, not several separate claims.   Are these OK, do I need to add anything?  Do I need to say that nobody remembers this?   Thank you
    • Managing directors at business advisory firm Quantuma have been appointed administrators of Derby County amid the ongoing financial problems at the football clubView the full article
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kopw v Nationwide


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Hi all,

 

I have gone on the offensive against Nationwide. I already have a claim in progress against shabbey. Anyway, last month, I went overdrawn at Nationwide by 21 pence and was charged £30 for the privellage. I'm normally very careful about the money I deposit into this account simply because I use it to pay all my bills. It saves me a lot of confusion. Anyway, I don't usually go over with it. I decided to send them a S.A.R on 4th Sept. I received a reply yesterday, dated the 19th Sept, with total charges of nearly £400 over the past 5 years. I was surprised. I've sent them a letter today asking them nicely to pay me back all that money they've taken from me unlawfully withis 14 days. Now I'll wait for their reply minus a cheque.;)

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I've sent them a letter today asking them nicely to pay me back all that money they've taken from me unlawfully withis 14 days. Now I'll wait for their reply minus a cheque.;)

 

I like your style kopw!!!! :D

 

Best of luck x ;)

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Received a reply to my preliminary letter today, no cheque though. It's a bit of a long winded letter but I'll give you a taster. Please let me know what you think, here goes, this is the second paragraph.

 

" As you know if we allow items to be paid and it means you exceed your agreed overdraft or we have to return an item unpaid on your account then we will make a charge in accordance with the terms and conditions. Details of our tariffs are contained within our FlexAccount Interest Rates and Charges leaflet, freely available in branches and on the internet. The details will also have been provided to you when you opened your account and you will have agreed to accept these when you sifned the flex Account application form".

 

In short, what they're telling me is that they have levied these charges because I broke their terms and conditions.

 

Can anyone please advise me of my next step?

 

Thanks, kopw

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Can anyone please advise me of my next step?

 

With pleasure! Send them the LBA and sit back and wait for them to send you an identical letter to the one you've received today! ;)

 

Yes - you did breach the terms and conditions of the contract. They then applied unlawful penalty charges to your account that you, as a consumer, have a right to reclaim.

 

The banks are all hiding behind the test case at the mo so they won't be paying up at prelim or LBA stages. This leaves you only 2 options once the LBA deadline expires; file N1 at county court or wait for the outcome of the test case.

 

However, you can cross that bridge when you come to it. In the meantime, send them the LBA and have a good read up on the threads (general and stays forum are both good places) about the OFT test case.

 

Best of luck x :)

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It's a pleasure - that's what we're all here for.......... good old fashioned support x ;)

Can't find what you're looking for? Please have a look at Michael Browne's

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*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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  • 2 weeks later...

Ah well,

 

Received a letter from Nationwide this morning, a carbon copy of their first one. A shame really. It means a trip down to the County Court on Monday and a long wait until the "test case" has been settled. At least I can view it as an investment growing at 0.021% per day. Roll on Christmas 2008 or even better, 2009. Just imagine all that interest. They say it's nice in Oz this time of year, thanks Nationwide.

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  • 3 weeks later...

I am about to set the dogs on nationwide. I can't however find my original terms and conditions. I have written to nationwide on three different occassions asking them very nicely to send me them. They have not.

 

Has anybody got any terms and conditions for the flexaccount? Without them my case could be struck out. Thanks, kopw

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