Nationwide/kpr Cca Request- now a Court Claim **WON** Notice of discontinuance

[creditcardmug]

Just a little background info first.

In October i contacted cccs who helped me prepare an income/expediture summary and list of creditors and and pro-rata offer of payment plan to each one which i sent on 28/october 2007 along with a request that they stop all interest and charges. The nationwide credit card debt was app. £8500 but has since increased with interest/charges. I have eleven credit card debts in all, all in my name none in my wifes name. app 50% of these complied with the request for charges to be stopped.since then i have spoken on the phone to them, the main points were, i must pay more/i must supply evidence of income/expenditure.

I now have a new years resolution,i will not correspond with any creditor by telephone,i now hang up as soon as they ask for security questions.

 

Following advice on this forum i sent two separate cca requests to both KPR and Nationwide on 9/1/08, i now hve confirmation that the nationwide letter was delivered on 11/1/08 but still no electronic proof off delivery.

 

To help other members i intend to update this thead verbatim in order that everyone is aware of the latest tactics from these devious people.

 

Please also check out my threads on the other 10 credotors i am persuing,and if any site helpers have any advice along the way i am more than grateful to recieve it, this is my first foray into this world.

[creditcardmug]

Just for clarification KPR in an in house DCA of Nationwide,it says on the bottom of their letters this is a business name of nationwide.

[Yazz]

Hello creditcardmug,

 

im new to the forums and going down the same route as you:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/130931-threat-ccj-any-advice.html#post1377494

 

so i'll be reading your progress with interest.

 

I will be sending my CCA request to KPR and NW tomorrow. i'll let you know my progress and experiences and hopefully this will help us both and others who have to deal with these people.

 

Yazz

[MilkTrayMan]

Why send a £1 CCA 1974 Request Letter to BOTH KPR + Nationwide at the same time??...

Personally, I would deal with the DCA 1st......In-house, or external.

btw...Good on U re: Refusing telephone calls from DCA's!...

...

[Yazz]

Milktrayman,

 

Apologies if this is a daft question, but as the address for the DCA (KPR) is a PO Box, doesnt this mean that the recorded delivery wont be signed for?if this is the case it defeats the purpose of sending it this way.

 

With this in mind do you think i should send the CCA request to both KPR and NW or just KPR as you suggest.

 

Thanks,

 

Yazz

[creditcardmug]

Hi yazz

welcome to the forum

First do not worry

second send cca by recorded signed for or special delivery next day.

communicate by letter only

The only reason i sent both nationwide and kpr the cca is that i read on this forum that they were sending them back, and i wanted to be sure that they were received

 

i have problems with my scanner so will post letters asap, also am worried that creditors are reading this forum so must be careful what i say.

If you want to know more at this stage pm me.

 

A breif update.

i sent cca to nationwide and kpr, i then got a photocopy of an application form with no covering letter or date and which i found completely unacceptable, i wrote back with a very strong letter detailing the error of there ways, and then only 2 days later a reply basically saying that they have complied with my request and now require payment in full.

 

 

So now its stalemate if they think they have a valid agreement they can go for a ccj, if not its game over, watch this space.

 

I have noticed that this is a particularly difficult creditor so take care when dealing with them.

 

On a lighter note have you noticed that there address is Kings Park Road

ie. KPR 'In House Dca' Ha Ha

[ammani]

Hi there, i also had problems with Nationwide and Kpr. They were still harrassing me when they knew i had a claim in court, for charges and interest, i told them i would not speak to them on the phone, so they sneakily passed the whole thing onto another debt collection agency. I called them and told them a claim was in the courts, the chap i spoke to was very helpful and was annoyed about Nationwide having passed it onto them, when they knew a claim was in the courts.Good luck with your claim.

[creditcardmug]

I received on 20/2/08 what appears to be a letter before action,but i dont think it conforms.

 

Its from legal advisor, lending control legal services, Kings Park Road, Northampton, which is still nationwide.

 

It goes as follows,

 

Dear Creditcardmug

Acc ..........

Amount owing £9570.79

 

You have failed to pay the amount of £9570.79 under the agreement(s) dated, September 2002. You were told in our previous letter that if you failed to respond or we were unable to reach an acceptable agreement, legal action would be started without further warning. A claim has today been sent to the Court for recovery of the amount owed.

 

You have now been charged Court fees of £225.00. If the action continues further fees will be charged as follows.

 

£55.00 Court fees

£46.00 Land Registry fees

£88.13 Agent fees

 

These fees will be added to the amount you owe along with the interest that applies to your account, and will be recovered by Nationwide during this action.

 

If you wish to pay the current sum of £9795.79 plese contact:

 

Unsecured Debt Recovery

Lending Control

Kings Park Road

Northhampton

Telephone 0845 600 7072

 

You will shortly receive Nationwide's claim from the Court with information detailing the action you should take with regards to responding. If you do not take any action, a County Court Judgement will be entered against you.

The judgement for the amount owed will be registered against you and this could affect your ability to obtain future credit.

 

 

 

Can anyone particularly the site experts help me on this please.

[gh2008]

They may have issued a claim against you, it may be another threat.

 

Have you received a Default notice for this account?

 

Could you post up the 'agreement' paperwork - personal details removed but leave the figures in if possible

 

There is no legal requirement AFAIK for a formal 7-day letter before action although the Courts like to see that all parties have tried to come to a settlement out of Court.

 

The further fees are, at this point, idle threats, they are assuming you don't defend, they win by default and then you default on the CCJ ...... a bit far off me thinks

 

If they do issue a claim (post here if they do) you must acknowledge & file the defence etc. on time and turn up on the day if it comes to that, otherwise they can (and will) apply for 'Judgement by Default' i.e. they win regardless of the evidence

 

With an irredeemably unenforceable agreement (if that is what you have), once you have pointed this out to them, you may even end up with a wasted costs order would they insist on taking it to Court.

 

gh

[MilkTrayMan]

Hello creditcardmug!

Am not sure whether U have read the following Thread??...

http://www.consumeractiongroup.co.uk/forum/nationwide/113509-nationwide-taking-me-court.html

...It should raise your spirits + give U some guidance, for what MAY lie ahead for U.

...

[creditcardmug]

Recieved court papers 29/2 can anyone tell me how to upload docs directly to this thread

[gh2008]

Recieved court papers 29/2 can anyone tell me how to upload docs directly to this thread

 

Ok, scan in the documents. Make sure the scanner outputs an image file. Upload those images to photobucket and post the links here.Also search the forum for Bookworm's excellent 'Dummie's Guide' with all the instructions in.gh

[creditcardmug]

Ok, cca link to photobucket

http://i274.photobucket.com/albums/jj274/creditcardmug/nwidecca2.jpg

Trying to get a better copy

[creditcardmug]

Here is the default notice

http://i274.photobucket.com/albums/jj274/creditcardmug/nwidedef1.jpg

[creditcardmug]

I have some better images of the application form

http://i274.photobucket.com/albums/jj274/creditcardmug/nwide/nwideccabetterpics006.jpg

http://i274.photobucket.com/albums/jj274/creditcardmug/nwide/nwideccabetterpics005.jpg

 

Can someone help with a defence and how to proceed

Thanks

[creditcardmug]

Hi

Can someone help me with procedure/defence.

Please see my other thread Nationwide/kpr cca request.

I have received court papers 29/2.

[gh2008]

My initial reaction is that is is irredeemably unenforceable.

Reason - No Prescribed terms on the signature document.

 

But..... did they send you any Terms & Conditions etc? If they did, could they have been on the back of the agreement form?

 

gh

[creditcardmug]

Hi gh

they only sent me a photocopy of the front of the form, also a terms/conditions leaflet dated october 2007

[gh2008]

Ok, then my opinion is as above.

 

Have you posted the POC from Nationwide, I haven't looked through completely?

We'll need that before writing the Defence.

Have you SAR'd them in the recent past?

You may also need to send a CPR request for further info to Nationwide.

Have you acknowledged the claim and filed that you will defend in full?

What are your dates for service & defence in by?

 

That's it for now I think

[pt2537]

thread moved to the legal issues forum

[creditcardmug]

Hi PT

Can you have a look at this thread and tell me if you think i have a strong enough case to defend.

Also if yes do i need to send a cpr request now(can you help me with that),

and which forms should i fill in and send back to the court.

 

I hope you can help me, as i havent done this before.

 

Thanks

[MilkTrayMan]

Morning CCM!

Am just off to work.

It would be better to have a very good read through previous Threads, so that U understand the processes thoroughly yourself.

If it comes down to the crunch, U WOULD have to present any arguments to a Distric Judge in Court yourself.

Peeps can only point U in the right direction so much + it would be pointless if U didn't understand what was what cos U were spoonfed.

...

[gh2008]

CCM, You need to post the POC as requested in my post#19

 

Here's a CPR letter, as you may notice for the wording at the end, this is courtesy of CurlyBen

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with xxxxxxxx.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money. delete if not applicable

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into. delete if not applicable

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

This is requesting all the information that they will be using in court and also give you a chance to file a reasonable defence.

Make sure you edit it to suit and understand what it is asking and the timescales, post recorded delivery or preferably Special Delivery.

 

gh

[pt2537]

Hi there

 

If you havent already done so,

 

put this letter in the post ASAP to KPR

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

 

 

send it special delivery, nothing less as it is very urgent

 

now, have you filed an acknowledgement of service saying you are going to defend the claim?

 

also have you posted the credit agreement they sent anywhere on here?

 

also can you post their POCs as we need to know what we are defending and did they send you a default notice?

[AndyOrch]

Hi CCM

 

I just checked out the copy of your default notice and it would appear that this is totally invalid.The layout does not conform to the prescibed layout ie bold letters underlined ie BEFORE THE DATE SHOWN and also NOT .Also the date should be by the .../.../.... not just 14 days from said date ....

 

So totally invalid and also if it contained penalty fees this would also render it invalid

 

I trust the above is of help

 

 

Regards

Andy;)