Nationwide - no CCA - issued Default Notice - help...

[ChargeBlaster]

Hi

 

Thanks for reading this. I've formally requested a CCA from NWide enclosing £1.00, by recorded delivery etc. They have failed to respond. I wrote to the address on their website Nationwide Personal Loans Legal Information (s11). My original letter in June didn't include £1.00, but my subsequent letter in Septemeber did. Still no response.

 

Meanwhile letters chasing the alleged debt have been arriving from their collections Dept in Northampton, and now a Default Notice has been issued and received, AND they've sent round their own debt collector (not from a DCA).

 

I'm challenging the basis of the alleged debt due to their non-compliance with my request. I plan to quote part of another letter that I've seen on this site, but need to be sure of my ground:

 

In these circumstances I'd like to state thatwhilst the account is in dispute:

1. they cannot demand payment
   
2. they cannot add further interest
   
3. they cannoit pass the account to a third party
   
4. may not register any information with CredRefAgencies
   
5. may not issue a default
   

Am I safe to state this? And if so, can someone point me to the relevant statute or regulation that embodies these assertions?

 

Thank you so much....

[sequenci]

Hello there. How are you? Welcome to our forums.

 

I think that is very to the point. You may wish to add that under s2.8k of the OFT Debt Collection Guidance that it is regarded as an unfair practice if they do not halt collections activity whilst your dispute is looked in to.

 

You could also ask them why they feel that they have a right under s87 of The Consumer Credit Act to serve you with a default notice when they have not been able to prove that there is a CCA regulated agreement in place in the first instance.

 

Ask for a copy of their complaints procedure pointing out that if you cannot resolve this with them you will go to The Financial Ombudsman Service.

 

info:

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Financial Ombudsman Service

[surfaceagentx20]

Before you write back to Nationwide, can you possibly post a copy of the DN you have received, after post-scan removal of any information which would identify you?

 

x20

[ChargeBlaster]

Hi Sequenci

 

Thanks for your quick reply and really helpful pointers.

 

Without wishing to appear pedantic, are the 5 bullet points I mention enshrined in statute or just this OFT Collection Guidance?

[sequenci]

H

Without wishing to appear pedantic, are the 5 bullet points I mention enshrined in statute or just this OFT Collection Guidance?

 

Well all of those terms would have been part of the CCA regulated agreement and its various terms & conditions.

 

You could argue that without an agreement there can be no terms and conditions.

[ChargeBlaster]

Hi SA x20

 

I've attached a copy of the Default Notice to this message. Hope the technology works....

 

Thanks for your assistance

[creditcardmug]

Too small to read im afraid, can you make it bigger?