Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

[SharpmanTF1]

Peeps,

 

Sent CCA Request on 28th February 2008.

 

Got the following in response.

 

 

I know from browsing previous threads that this isn't a valid response to a CCA request as the form is definately an 'Application' form. and has non of the prescribed information required.

 

open to suggestions as to a response.

 

I'm not due another payment until april, the 12+2 runs out on 15th March.

 

So, should I wait til the 12+2 and inform them that the form is not enforceable or should I Inform them now.

 

TIA

Sharpman

[MilkTrayMan]

Personally, I'd wait until mid way through the 'Calendar Month' period, before reminding them!...

[SharpmanTF1]

hi,

 

had a visit out of the blue today, whilst i was at work. Someone came to the house asking for me. my OH told them I was out and did not know when I would return. They were kind enough to leave a letter - see piccy.

 

 

Naturally this has got my OH a little worried. Now, as you may be able to see from the letter they have 'made an appointment' to visit again next week between 1500 and 1530. now, any one in their right mind would know that anybody who has a full time job would still be at work during this period. Are the dopey idiots thinking that I should take time off work and all that entails (loss of earnings).

 

What I'd like to know is can they do this, just turn up out of the blue. I've never even heard of this company. I certainly wasn't informed by Nationwide of the visit. As you can see from Post#1 all that has been produced from a cca request is a copy of what looks like an 'application'

 

Does any one have any 'go forth and multiply' suggestions for this company.

 

Any help appreciated

 

TIA

 

Sharpman

[MilkTrayMan]

Methinks that the intention of the letter it to get U to ring them up....DON'T

 

They will attempt to bamboozle U on the phone + U will have NO proof of what they say (...unless U record the conversation of course).

Don't worry too unduly about what it says about them visiting U.

U are under NO obligation to speak to them or allow them into your home.

...even MORE so when a CCA has NOT been produced (...admittedly U didn't send one to this DCA though)

 

It is all scare tactics designed to put the 'frighteners' on naive law abiding citizens.

Some peeps panic at the thought of a home visit by a DCA, or are ashamed of their neighbours finding out etc etc, so they end up paying what the DCA wants them to.

...Often this is monies which the DCA is NOT legally entitled to, unfortunately.

These payments encourage some DCA's to act 'unethically' again + again to other poor unsuspecting peeps...

[SharpmanTF1]

Those Kind people from K.P.R. have now contacted me with a letter stating they are acting on behalf of Nationwide credit card services.

 

The jist of the letter is that

 

'it is important that you pay off the debt immediately, or call ********** within 7 days. if you don't we may begin legal procedings'

 

Now, as per the first entry, I have requested a CCA from NCCS for my CCA. I recieved the application form in response.

 

They're still stacking on the interest, charges etc, although they haven't provided The CCA as requested.

 

Does anybody have a suggestion for a response to K.P.R.?

Should I fire of a CCA request to them as well. As they're, from what I understand the inhouse DCA for Nationwide, is it worth it.

 

Sharpman

[SharpmanTF1]

Hi,

Things appear to have escalated -

The account has now been passed to Drydenslaw. They sent me a letter informing me of this, I contacted them to explain situation, they asked for an i&e form, I sent this off to them. The were then kind enough to send me a N1 CPC Claim form - with a letter stating that there was nothing they could do and were proceeding to take me to court.

 

I've been in touch all the way with nationwide explaining situation etc. I sent a request for the CCA but got a completed application form instead.

 

What I need to know is:

 

Is the application form that they sent me valid as a correctly executed document with regards to the account in question.

 

This is urgent as they sent the N1 CPC to me as of 1st July and have 14 days to reply.

 

Any help in where I go from here would be appreciated.

 

 

Worried Sharpman.

[SharpmanTF1]

Bump

[42man]

From what I can see it is a pre contractual application form (just my opinion, i'm not an expert on these)...

 

Did you make a request for a full portfolio of all paperwork with the CPR request...?? recorded / guaranteed delivery ?

 

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. 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.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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. .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).

d. 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.

e. 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.

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

g. 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.

h. 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).

[42man]

Have you admitted the debt to them as in have you signed your name on the I & E form ? or disputed it ?.....I presume you want to defend all of it....

[SharpmanTF1]

Have you admitted the debt to them as in have you signed your name on the I & E form ? or disputed it ?.....I presume you want to defend all of it....

 

No, there was no signature on the i&e form, but it was sent via email.

 

Sharpman

[42man]

Did you send them a CPR request ?

[out of cash]

hi Sharpman,

 

be prepared for them to send you another page which will

conveniently have all the prescribed terms within it there is case law about this which quotes prescribed terms nee to be within the sig document nation wide are trying to do to you what they are to me and many others stand your ground.

 

good luck

 

out of cash:-x

Edited July 30, 2008 by out of cash
error

[SharpmanTF1]

Sent off for information under CPR.

 

Got back the following items:

 

Printed copies of statements less the first 6 months

A copy of the 'PRIORITY APPLICATION

 

Still no sign of the terms and conditions.

 

2 thirds of the way thru the statements the account number changes.

(There is no documentation to explain why this has happened.)

 

Please see copy of the letter sent from drydens.

--

 

 

any comments, suggestions would be appreciated. They are trying for a charging order on my property.

 

Sharpman

[SharpmanTF1]

42man

 

Sent of the cpr as suggested.

It appears that this may have confused the person at drydens.

 

as said in previous post there are several months worth of statements missing.

 

No copies of default notices?

 

Surely after 7 years there must be more than just statements relating to an account.

 

Also, is there any one out there who could clarify the situation on application forms as 'properly executed credit agreements' - no terms and conditions appear anywhere on the application form.

 

Thanks

 

Sharpman

[out of cash]

hi sharpman,

 

dont take no crap if litigation is involved say you demand statements as of when the account first become active.

 

on the application form side of things this is a def no no win for them unless they have an application form which has all the prescibed terms within the four corners of the document apr,interest rate,amount of credit etc with your sig at bottom of page they are truly stuffed i am up against this lot for the same thing have had 3 hearings trial is soon ,

 

good luck to you

 

out of cash

Edited August 15, 2008 by out of cash
error

[SharpmanTF1]

Going to send this off to drydens in response to their lacking response to my CPR

 

Ms XXXXX

 

Recieved your letter.

 

As you may be aware from your client, I requested a 'True' copy of the CCA Agreement.

 

I note that you have sent, as a result of the CPR request a copy of an application form. This as it stands did not comply with my CCA request then and it still does not comply now.

 

I also note that Statements have been sent, but does not consist of the complete history of said account.

According to your client the account was opened in march 2001. the first statement you have supplied is dated 17th December 2001. by my calculations there are several months statements missing.

 

There is no information explaining the occurence of statement dated 09 january 2007.

 

Perhaps I should make things a little clearer.

 

As part of my CPR request I requested a full detail of account in connection with this issue. I must reitterate that I would like a FULL portfolio of every occurence connected with this account. Not just from yourselves, but also from your client.

 

I look forward to hearing from you soon.

 

Mr sharpman

 

------------------------------

Any body got any comments or a more strongly suggested reply.

 

 

Thanks in advance

 

Sharpman

[SharpmanTF1]

bump

[SharpmanTF1]

Ok,

Panic is rearing its ugly head.

 

Drydens have sent a response to my cpr request, (see letter a few posts back.)

 

They 'confirm that they will request judgement against me on 26th august unless an admission, an acknowledgement of service of a defence is filed beforehand'

 

What's my next step. as I've already pointed out, they haven't really complied with my cpr request as the information is not full. The statements only go back 6 years. account was opened march 2001 earliest statement supplied is dec 2001

 

They've supplied the 'application form' again, still missing T&C's.

 

A push in the right direction is greatly needed.

 

TIA

 

Sharpman

[SharpmanTF1]

A quick question that may or may not be relevant.

 

The 'Priority Application' used to open the account has one credit card number. the Claim form has another account number. Is this useful in a defence. All letters etc recieved about this claim refer to the second Number. Now, I know for definite that I never signed anything when this card was issued. (reported fraudulent activity and account was changed, although there was no covering paperwork to explain change of card/account number.)

 

Any input appreciated

 

Sharpman

[pt2537]

have they issued a claim against you? i cant see any reference to the particulars of claim on this thread

 

can you let us know what the POCs were and also if they have brought a claim against you, can you tell us have you acknowledged service and when does your defence need to be filed?

[pt2537]

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/126664-court-hearing-25th-feb.html?highlight=illonavamp

 

have a read of that thread

 

a good victory on that thread and your application form is the same as what they produced on there

[SharpmanTF1]

Please see att pdf. of N1

 

n1 claim.pdf

 

This was raised on 1st july.

I sent off cpr request. they replied back saying case was on hold, so I haven't as yet aknowledged service.

 

From the POC the account Number is different than the one on the 'Application form'

 

Obviously the original credit limit isn't the one they are stating.

They state that the account was opened on 26th when the Priority Application form is dated 23rd.

 

May be relavant.

 

Sharpman.

[pt2537]

oh dear, you have 14 days from service of a claim to file an acknowledgment of service, if you fail then judgment can be entered in default which means they win, so you havent filed any kind of defence at all?

 

 

 

this may put you in difficulty and is of concern

 

i would contact the court as a matter of urgency to see what the status of the case is, you could have lost already but just dont know it yet,

 

this is serious and you should check urgently

[SharpmanTF1]

PT

contacted court, they say I can still fax my defence to them today. Drydens haven't gone any further. Yet.

 

So I need a defence asap. please.

 

Sharpman

[alanfromderby]

Okay - if Dryden's have not filed for judgement yet then, despite what the court staff may say, you have at least another day to get your defence filed.

 

Have you got it in writing that the case is on-hold?

 

If so, you can use that as the basis for explaining they delay.