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    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Nationwide


Robertxc
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I'm currently having to use the Ombudsman to get Nationwide to remove the Default they posted at Equifax. Nationwide are only prepared to mark it as 'settled', even though they've agreed a full refund of charges.

 

I'll let you know ho w I get on.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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That is very nasty of them.

I think that it shows that we need to advise people not to accept goodwill payments without an agreement to remove default entries.

I shall put an entry into the FAQs

 

However, if the Ombudsman won't help you the there may be other ways.

 

Did you accept the payment in full and final settlement?

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Well, it's a little complicated...Nationwide are suing me for for £1500 after I told them I was only going to pay £600 (I deducted the charges). At this point they demanded all their money back and started their collection process. When they sued me, I put in the defence version of the argument which everyone here uses: they can't sue me for penalty charges. I also put in a counteclaim for damages of £200 per month until the default notice which they had posted is removed, on the basis that if there had been no charges, there would have been no default.

 

When we got to court they offered to walk away from their claim, if I walked away from mine "with no costs due by or to either party". This suited me fine, and the lawyer on the day agreed that the default would be removed. Interestingly, they wanted to walk away from the whole thing, even the bit which I actually did owe them! Result...or so I thought.

 

The lawyer who was in the court was just a local agent for the big law firm who do Nationwide's dirty work for them. A short while after the hearing they made it clear that they were simply not prepared to remove the default, because as they saw it, the account was in default. They were only prepared to mark it as 'settled', which is no use at all.

 

We went through three seperate hearings with me refusing point blank to even entertain the idea of settling on those terms, especially since I was able to point to the Banking Code which specifically prohibits them from posting a default 'if the amount owed is in dispute'. Considering Nationwide posted the default a month after starting their action, they are hardly in a position to claim that 'the amount owed is not in dispute'.

 

This was beginning to get messy. Eventually, the judge decided that the matter of whether or not the Default should have been posted should be decided by the FOS. In order to do that, I'm supposed to make a complaint about it to Nationwide and request a 'final answer' before the FOS can consider it.

 

 

...and so far the 'final answer has not been forthcoming, so I have a couple of ideas about how to ramp up the pressure. I was very interested to see what Stephen managed to achieve with his threat of a Declaration.

 

Any suggestions would be welcome.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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On what basis did you calculate £200 per month?

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Russe11, the sticking point to settling was the default, and this is what the judge wanted decided by the FOS

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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The £200 per month was calculated from the fact that as soon as the default hit my otherwise blameless credit file, I was instantly denied access to cheaper credit. I calculated that if I shopped around for the best mortgage deals etc., I could save about £200 per month - but obviously not with a Default on my credit file.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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The £200 a month would have been struck out.

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Probably, but they would have had to continue the case to find out. Remember, mine was a counterclaim, which would have been dealt with after theirs.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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  • 13 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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