Jump to content


  • Tweets

  • Posts

    • statute barring in Scotland is 5yrs from last payment/use date or date of default Notice + 14 days, whichever is the later. dont confuse that with the 6yrs debts show on credit files (DN's 6th bday regardless to payment or not). they'd never get a claim raised by august in 99% of cases . as long all these debts were taken out whilst resident in scotland and you have not moved since taking them out but failed to inform the original creditor before the debt sale....... then stay radio silent until sb date is reached. then if you wish send our scottish sb letter. just remember unlike E&W in scotland debts are extinguished, dead , gone , parrot. once SB'd dx  
    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report? The three I have with the May date are moot anyway as either way they are gone  - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they. I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc? I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's. Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Like
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

AA99 v Nationwide Gold Card


AA99
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4655 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

Posted on 10 January 2008

 

My main bank current account is with Nationwide and we have lived on a £1,800 agreed overdraft for over 6 months, and I have £4,500 charges to claim off them yet (or at least get in the queue for a hardship claim) and my OH has £5,000 owing on a Gold Card with Nationwide so have been treading very gently with them.......

They have accepted no charges & interest for 6 months at £20 p.m. but they say it's not worth it to them anymore as it costs them £20 p.m. to check to see if I have paid it! They will hand over to a DCA next month! In a predicament about how much to rock their boat.:-x

 

My OH received this letter today for his Credit Card. I found it quite offensive and I have composed a reply that I think is too gentle. I would like to continue interest frozen, no charges, and a further regular supply of funds dropping the balance owing. They are just hassling for arrears when we've been on a plan for 7 months:-x

 

Wondered if I could slip in a threat about copying their letter to Unfair Practices people, whichever law/act/statute is applicable:confused:

 

There are no exorbitant interest rates of charges to claim and I am in a predicament

HELP please:shock:

LetterfromNW26Feb09.jpg

Link to post
Share on other sites

  • 2 weeks later...

(The following has been extracted from my other Nationwide thread which is for using the Hardship Waiver for Claiming back bank charges. This is a separate account for a Credit Card:

 

 

icon1.gif AA99 v Nationwide

My main bank current account is with Nationwide and we have lived on a £1,800 agreed overdraft for over 6 months, and I have £4,500 charges to claim off them yet (or at least get in the queue for a hardship claim) and my OH has £5,000 owing on a Gold Card with Nationwide so have been treading very gently with them.......

They have accepted no charges & interest for 6 months at £20 p.m. but they say it's not worth it to them anymore as it costs them £20 p.m. to check to see if I have paid it! They will hand over to a DCA next month! In a predicament about how much to rock their boat.:-x

 

 

icon1.gif re: AA99 v Nationwide

My OH received this letter today for his Credit Card. I found it quite offensive and I have composed a reply that I think is too gentle. I would like to continue interest frozen, no charges, and a further regular supply of funds dropping the balance owing. They are just hassling for arrears when we've been on a plan for 7 months:-x

 

Wondered if I could slip in a threat about copying their letter to Unfair Practices people, whichever law/act/statute is applicable:confused:

 

There are no exorbitant interest rates of charges to claim and I am in a predicament with post #1

 

HELP please:shock:

 

 

 

 

 

 

LetterfromNW26Feb09.jpg

 

 

 

I replied on 13 March giving the Doorstep Harassment act and continuing to offer £20 p.m. and continue reducing the balance. I&E has only got worse so in no position to pay arrears (less than their charges and interest)

Link to post
Share on other sites

icon1.gif AA99 v Nationwide (separate thread for Bank Charges)

My main bank current account is with Nationwide and we have lived on a £1,800 agreed overdraft for over 6 months, and I have £4,500 charges to claim off them yet (or at least get in the queue for a hardship claim) and my OH has £5,000 owing on a Gold Card with Nationwide so have been treading very gently with them.......

They have accepted no charges & interest for 6 months at £20 p.m. but they say it's not worth it to them anymore as it costs them £20 p.m. to check to see if I have paid it! They will hand over to a DCA next month! In a predicament about how much to rock their boat.:-x

 

LetterfromNW26Feb09.jpg

LettertoNW11Mar09.jpg

DNLetter23Mar09.jpg

 

DNdated23Mar09.jpg

Link to post
Share on other sites

  • 3 weeks later...

Thanks for bumping Andrew:) Since I last posted, I have had no reply to my letter of 11 March, but have received the following:

 

DNdated23Mar09-1.jpg

 

NOAletter31Mar09.jpg

 

And also this month's statement showing full interest & £12 late fee, wiping out all of the last 6 month's repayment effort :mad:

Link to post
Share on other sites

  • 4 weeks later...
  • 4 weeks later...

Right, since last posting, I have received 2 further notices from N/W, your facilities are withdrawn, cut card up, defaulted, blah £12, now charging full interest (which has gone up!) and £12 default. We had a £20 p.m. repayment plan for 6 months, they wouldn't renew it, we have carried on paying. Also had KPR write again offering a discount settlement.

 

Today I have posted a letter to them pointing the above out and using CAG template letter inviting them to take me to court if we can't continue the repayment plan.

Link to post
Share on other sites

  • 2 years later...

This account was taken on by online solicitors shortly after I last posted. We received legal aid.

 

Today, I have received a copy of the AQ from NW, also my barrister's reply with advice to drop the claim!!!

 

NW have produced a separate set of terms and conditions that were 'in force' at the time of the Application Form that was completed........

 

All that has been produced under Part 18 is a signed copy of an A4 Priority Application form!

 

I am utterly dismayed, but having been away from these forums for so long, am wondering if the courts' tactics have chantged or if I'm missing something???

 

Apologies for rambling, it's been a long day, if I'm not being clear, I can have a day of scanning documents to make this clearer.

 

Can anyone offer me any advice please? :(

Link to post
Share on other sites

Solicitors have phoned this morning to request us to put in writing that we are willing to drop the claim. While we are very reluctant, we shall no longer have legal aid, so seems we have no choice.......

 

I cannot believe they have submitted these T&C's so late and that the barrister has side our likelihood of succeeding is now slim?

 

Any thoughts?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...