Nationwide Credit Card debt Any help appreciated!!!

[sytra]

Thanks so much Shane....... was losing my mind trying to find it..

 

Sytra

[postggj]

Hi Shane Also Have You A Link To

 

Kpohraror V Woolwich Building Society

[shane5408]

sure here you go

Kpohraror v Woolwich Building Society - [1996] 4 All ER 119.pdf

[postggj]

Many Thanks

[shane5408]

your both very welcome! best of luck

 

 

regards,

shane

[postggj]

THROUGH AN INCORRECT DEFAULT NOTICE, ON WHAT BASIS CAN A CLAIM FOR DAMAGES BE MADE REF Kpohraror V Woolwich Building Society

[shane5408]

THROUGH AN INCORRECT DEFAULT NOTICE, ON WHAT BASIS CAN A CLAIM FOR DAMAGES BE MADE REF Kpohraror V Woolwich Building Society

hi postggj,

 

have a read of this thread - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/115630-pricing-default.html?highlight=pricing

[sytra]

Sytra - yours is not a valid default notice. they had a good defence in depth then went to pieces in the last ten minutes.

 

They have to specify a date. doing the "add 14 days to date A" routine means it does not meet the prescribed terms. And.. "before the date shown" is not underlined OR in bold.

 

It is an invalid default notice and as they haven't issued a valid one then they cannot even start enforcement.

 

They are prescribed terms. Can't a BS the size of Nationwide find someone that can read a simple statutory instrument. You might want to beat them to the post by applying under s142 for a declaration that it does not meet the prescribed terms.

 

PS - there are other faults - but I'm not saying yet!

 

Can you tell us yet what the other faults are yet???

 

Sytra

[sytra]

Hi thought i had better start a new thread on this one as it spread over the whole site at the minute...

 

story goes applied for CCA back in Oct 07, got an application form in return, a couple of respected peeps on this site have said it is unenforceable (ie no t&C's, cant read the small print, no interest rate etc).

 

Posted a copy of default notice here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/121986-what-makes-default-void.html?highlight=sytra

 

Again not a valid default...

 

Thought i would try again, so sent them this template (amended to suit)

 

Dear Sir or Madam

Account number - xxxxxxxxxx

Sort Code - xxxxxx

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against a joint account in my and my wife's name.

Further to this neither I nor my wife have a recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 716732.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

Yours faithfully

 

 

Got their response today and they say

" 1) enclosed is a copy of your credit card application. (identicle to the last one)

 

2) The original default notice is our responsibility to look after, but we have attatched a sample copy of the default notice. (identical to the one issued, so still invalid)

 

 

Do they have to send a true copy of the actual default or would as they claim a template be acceptable?

 

now i know that everything so far is invalid but i would like them to remove the default, i intend to write back advising them that the agreement is unenforceable and that the default is invalid, but does anyone have a good letter i could use or borrow?

 

Any help appreciated

 

Sytra

[MilkTrayMan]

Hi Sytra!

Do they have to send a true copy of the actual default or would as they claim a template be acceptable?

 

now i know that everything so far is invalid but i would like them to remove the default, i intend to write back advising them that the agreement is unenforceable and that the default is invalid, but does anyone have a good letter i could use or borrow?

 

Any help appreciated

Take a look at the info contained within Surlybonds Thread...

Defaults - A proposed method of removal

...He was one of the original successful CAG trailblazers in this field...

 

 

...

[sytra]

Ok looked about a little more, does this letter sound ok? i am no good at composing letters so have used bits and pieces from various contributors.

 

Dear ,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an application form, a template of a default notice and template letter, I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

The agreement that you have sent does not conform to section 60 of the consumer credit act in that it does not contain any of the information, protection or remedies required by the agreement regulations 1983/1553. In addition I note that the document sent does not contain any of the prescribed terms as required under section 6 of the regulations and is therefore unenforceable under 127(3).

 

As you have only sent copies of templates regarding the Default I am unable to ascertain that the correct procedure was carried out, If a notice was sent out as laid out in your template notice then I regret to inform you that this does not comply with the regulations and again is unenforceable and should be removed from my credit files with immediate effect.

 

As the credit agreement you have sent is invalid then any alleged default is also invalid anyway.

 

I require you to provide a true copy of my credit agreement (not an application form) and also a true certified copy of the alleged default notice before the 7th March 2008.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and default notice and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

 

i would love any feedback on this

 

oops realised i forgot to mention in the letter they have failed to send any t&c's

[sytra]

please can someone pop over and check out this thread http://www.consumeractiongroup.co.uk/forum/nationwide/132893-sytra-nationwide.html regarding a CCA request from Nationwide.

 

I would like some advice please

 

Thanks

 

Sytra

[sytra]

Or would it be better something along the lines of:

 

Dear ,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an application form, a template of a default notice and template letter, you have failed to send any terms and conditions that were in force at the time any application was signed. I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

I require you to provide a true copy of my credit agreement and also a true certified copy of the alleged default notice before the 7th March 2008.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and default notice and would remind you again that whilst the request has not been complied with the default continues

If you insist that what you have sent fulfills your obligations for a request under s.77 - s.79 of the consumer credit act then please confirm this in writing.

 

Yours faithfully

 

 

I think that sounds a bit better, gets my point across and at the same time giving them more rope to hang themselves with, as i know from various responses here that the agreement is unenforceable 127(3) and that the default notice is invalid.. so just trying to get them to put it in writing that that is all they have.

 

Any thoughts??

[sytra]

This is a copy of a letter i have on the thread above, please can someone offer some advice on the content?

 

I want to try and get it out asap.

 

Dear ,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an application form, a template of a default notice and template letter, you have failed to send any terms and conditions that were in force at the time any application was signed. I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

I require you to provide a true copy of my credit agreement and also a true certified copy of the alleged default notice before the 7th March 2008.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and default notice and would remind you again that whilst the request has not been complied with the default continues

 

If you insist that what you have sent fulfills your obligations for a request under s.77 - s.79 of the consumer credit act then please confirm this in writing.

 

Yours faithfully

 

 

I think that sounds a bit better, gets my point across and at the same time giving them more rope to hang themselves with, as i know from various responses here that the agreement is unenforceable 127(3) and that the default notice is invalid.. so just trying to get them to put it in writing that that is all they have.

 

Any thoughts??

 

Thanks

[sytra]

Bump (sorry to do this so soon)

 

Getting desperate, any ideas??

 

I want to try and get this letter to NW beginning next week if possible, been hanging on too long now.

[42man]

I think you're doing fine at the moment Sytra....is there any chance that you can scan what they have sent you ? (cross out all the personal details) and post it on here using photobucket or similar ? We can devise a letter based on what is on the application (I presume it doesn't contain all the prescribed terms ?)....

[sytra]

Ok here goes first the letter that was sent with my request,

http://i222.photobucket.com/albums/dd295/sytra_photos/NWLetter.jpg

http://i222.photobucket.com/albums/dd295/sytra_photos/NWLetterpt2.jpg

 

the cca the wonderful pbard has already said that it is unenforceable under 127(3) so have a few others.

http://i222.photobucket.com/albums/dd295/sytra_photos/CCA.jpg

 

The default has been viewed on the site before and declared incorrect, here is the template they sent.

 

http://i222.photobucket.com/albums/dd295/sytra_photos/Defaultlettertemplate.jpg

http://i222.photobucket.com/albums/dd295/sytra_photos/Defaulttemplate.jpg

 

Hope all this works

 

Thanks

Sytra

[sytra]

just realised i posted half the documents upside down

[sytra]

Any ideas on a good letter i can send?

[42man]

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the 26th July 2007.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else. I would also like to note that as from the (12+2 working days + 30 calendar days) it becomes a criminal offence.

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 any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. 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.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

[fuzzylittlethings]

If I post the defaults I have recived from the RBS here would someone take a look at them please to see if they are enforceable. I have also today sent them a letter to request CCA for the four accounts they say I had??

[lookinforinfo]

At the moment the Default notice I am looking at [not mine] has at least 3 mistakes each of which render it invalid.

As the default has been recently issued and they are just threatening at the moment [everything short of hanging drawing and quartering though], is it better to let them go through all the motions and only draw their attention to

the invalidity of the default at the court stage as my mate hasn't got the

wherewithal to pay the amount as yet.

Obviously they will issue him with a new default notice then which may be compliant, but it will give him some breathing space in the meantime.

PS Thanks PT2537 for posting the actual wording of the default terms-was a big help. And of course to Edz11 [i thought it was legs11] for the bit about the date.

[sytra]

Just a quick question!!

 

Does a bank or CC company have to keep a copy of the original default notice or can they just hide behind sample copy / template defaults?

 

NW say that the original is sent to us and it is up to us to look after it but they sent us a sample copy.

 

Sytra

[foolishgirl]

What rubbish! Of course they should keep a copy of the default notice, otherwise you can claim one was never sent!!

[knoxvillain]

apparently just having an entry on their computer system stating one was sent is enough though allegedly. I've got a complaint outstanding with FOS hinged on this very point and a lack of CCA as well so I hope it's not the case.