Cupcake VS Nationwide 27

[cupcake68]

Hi Folks!

 

I have had a DN from Nationwide today.

 

AC Nationwide pictures by cupcake62 - Photobucket

 

Not only are they not allowing me enough time they are also saying I have to pay the full outstanding amount within 14 days of the date of their letter!

 

What happens here?

 

Thanks

 

CC68

[supasnooper]

Let them terminate the account and threaten to take you to court.

 

It wouldn't even get there once they realised they've been so stupid.

 

Of course, do NOT tell them they've blown this one for the full debt until they start posturing with legal threats.

 

Keep that DN and envelope in the safest place you can find..........obviously not Nationwide BS vaults.

Edited May 22, 2009 by supasnooper
added

[cupcake68]

Yey!

 

What a lovely treat just in time for the bank holiday weekend!

 

We have had another one the same this morning on a different account with N/wide!!!

 

Someone must be looking after me (at last!!)

 

Thanks SS for the great advice as usual!

 

CC68:D

[cupcake68]

OK

 

I've calmed down slightly from my excitement!

 

How can these people behave so stupidly? Do they not consider the risk they are taking by not allowing the specified time etc?

 

Having been through a very rough patch this last 12 months and having had many very black moments I often blamed myself for taking too many risks and not thinking about the consequences but even I would never take such a stupid risk!

 

CC68

[diddydicky]

we'll have a party i just got one exactly the same- seems they are getting worse not better!

[cupcake68]

Congratulations!

 

I still cannot believe they do not just make a bit of an effort (it shouldn't take much!) to just get their dates and facts right, after all the cost is HUGE!

 

But hey let's not complain!

 

CC68

[diddydicky]

Congratulations!

 

I still cannot believe they do not just make a bit of an effort (it shouldn't take much!) to just get their dates and facts right, after all the cost is HUGE!

 

But hey let's not complain!

 

CC68

 

long may they reign

 

be VERY careful (for other caggers as well as yourself) NOT to advise them of the error

 

even after you receive a TN ignore and file it (with the envelope) until such time as they want to try to enforce

[cupcake68]

Ok Will do!

 

But I just wish they would hurry up!!!!!!!

[diddydicky]

Ok Will do!

 

But I just wish they would hurry up!!!!!!!

 

well be patient and still wait but the good news is that they have ALREADY terminated you

 

this is because they cannot claim amounts not due (the fullbalance) until they have issued a valid dn giving you the opportunity to rectify the default (arrears) and only THEN if you fail to comply within the given time

 

not only is the DN itself defective because they have not given you time (and included amounts in the arrears that are not due)

 

by demanding that you pay the full balance they have managed to turn the DN into a TN (termination notice) so after 14 days when you have failed to rectify the breach you will be terminated

 

they have given you evidence that they intended to terminate and that this is not a mistake as they have also asked you to cut up and return the card

 

 

aren t they just luvly!

 

 

(but still stay quiet and wait for further confirmation

[cupcake68]

OK Boss!

 

I'll keep it zipped!

[cupcake68]

So just to have it straight in my mind(?!)

 

I wait for them to start court proceedings then I announce that I know their default was defective? Or do I wait until it's in court and pull it out of my hat?

 

CC68

[freethemice]

G***** v Nationwide credit card

I am further down the line to you guys. My account was defaulted 08 sept 08.

error 1/ 14 days from the date of this default notice.

error 2/ full balance required to rectify within 14 days of this notice

error 3/ return of card.

Thing is they never issued a termination notice after this continued to issue statements with minimum payment due, continued chasing the debt, and continued adding late payment and then when they tipped the balance overlimit fees.

Receaved the court papers from them this morning so if you help me with this it should set a precident for your cases. Has anyone else been to court with them yet? Is there any legislation/ case history to back up the ascertion this account has been terminated?

paul

[diddydicky]

G***** v Nationwide credit card

I am further down the line to you guys. My account was defaulted 08 sept 08.

error 1/ 14 days from the date of this default notice.

error 2/ full balance required to rectify within 14 days of this notice

error 3/ return of card.

Thing is they never issued a termination notice after this continued to issue statements with minimum payment due, continued chasing the debt, and continued adding late payment and then when they tipped the balance overlimit fees.

Receaved the court papers from them this morning so if you help me with this it should set a precident for your cases. Has anyone else been to coot urt with them yet? Is there any legislation/ case history to back up the ascertion this account has been terminated?

paul

 

well here is one "hot off the press"

 

 

'zhanzhibar vs Amex/AIC/Newman/ Brachers Solicitors'

[diddydicky]

So just to have it straight in my mind(?!)

 

I wait for them to start court proceedings then I announce that I know their default was defective? Or do I wait until it's in court and pull it out of my hat?

 

CC68

 

just keep quiet and ignore everything until they make the demand in writing for the full balance

 

( a court summons for the full balance or a letter threatening any sort of enforcement unless the full balance is paid will do

 

then come back online for more advice (personally i would then SAR them with no explanation and make sure i haev all their grubby little details filed away before they can massage them

 

THEN i would simmply tell them to " put up or shut up"

[cupcake68]

Freethe mice - I'm not sure what I can do to help but I will keep a close eye on your thread and try my best(?!)

 

DD- Thanks for advice will be back when I get more from them!

 

CC68

 

PS Anyone any good on Virgin CCA's?http://www.consumeractiongroup.co.uk/forum/general-debt-issues/194039-cupcake68-virgin-3.html

[cupcake68]

Hi

 

I have received a letter from KPR chasing the debt, do I send them the bemused letter although I can see by the small print at the bottom of their letter that they are part of Nationwide?

 

Or do I just ignore?

 

Thanks

 

Cupcake

[diddydicky]

ignore it - wait until you get a LBA before you seek further advice on this one

[cupcake68]

Thanks DD

 

But what's an LBA?

 

Cupcake

[diddydicky]

Thanks DD

 

But what's an LBA?

 

Cupcake

 

letter before action - must be sent to you before they commence action in court

[cupcake68]

Thanks DD!

 

They are always sending me letters threatening action!

 

Does it have to be set out in a particular way?

 

Cupcake

[diddydicky]

Thanks DD!

 

They are always sending me letters threatening action!

 

Does it have to be set out in a particular way?

 

Cupcake

 

yes you will recognise it- instead of vague threats it will tell you that if you fail to respond a county court summons will be a[pplied for in XXX days

 

(but don't hold your breath or cancel your holidays)

[cupcake68]

Thanks for the advice I'll keep an eye out!

 

Cupcake

[cupcake68]

Hi Guys

 

I have received a letter from Fredrickson International today.

 

It says "Our client now requires payment in full" but also says "Payment should be made to Fredrickson Int'l"

 

Also has a list of ways to pay down the side of the letter. Ie delta, switch but also mentions Mastercard and Vica. Am I right in saying they mustn't take payment by credit card?

 

thanks

 

Cupcake

[diddydicky]

Hi Guys

 

I have received a letter from Fredrickson International today.

 

It says "Our client now requires payment in full" but also says "Payment should be made to Fredrickson Int'l"

 

Also has a list of ways to pay down the side of the letter. Ie delta, switch but also mentions Mastercard and Vica. Am I right in saying they mustn't take payment by credit card?

 

thanks

 

Cupcake

 

don't waste your time on irrelevant matters- concentrate on what matters

 

dick

[diddydicky]

forgot to mention- if there is not a second page to the DN they have also left out important prescribed text (just like mine)

 

that letter probably can be construed as a termination as it demands the full balance but just hang on and let them tie the knot tighter