Nationwide threatening court action - Urgent please

[Jacky202]

Hi, I hope someone can help...

 

Nationwide have recently contacted me through CCSCollect Debt Collectors saying that unless I pay the amount overdue on my credit card (nearly £5,000) or make an offer to pay acceptable instalments 'within the next seven days' (due around about now - I tried a thread in another forum but didn't get a reply) then they 'shall have no alternative but to take action through the County Court to recover the amount due together with court costs and legal fees'.

 

Now this account has been in dispute for a year and I've barely heard from them in this time. I think they have only just perked up now because a different debt collection agency is contacting me about my Nationwide bank account since they pulled my overdraft facility but that's another story!

 

The reason the account is in dispute is that I requested a CCA a year ago (May 2009). They sent me a signed 'agreement' and I posted about it here (in the Nationwide forum), and was told that it was unenforceable. I'll try to get a copy here as I would like someone to double check that before I go any further with this if possible.

 

I sent them the 'I do not acknowledge any debt' and had a Default Notice from them (which someone has suggested may be questionable too - though again I'd like to check this). Have also had various letters from debt collection agencies (though not for months) offering reduced one-off payments to close the matter - which I've ignored as I don't have that kind of money available and because they apparently still haven't come up with an enforceable agreement.

 

So... could someone help me know how to reply to this letter demanding payment or threatening court action? As part of me putting the account into dispute, one of the terms was that they should not pass on my debt. So does this mean they should not be threatening court action, demanding payment through CCSCollect?

 

Thanks in advance for any advice you can offer

[Jacky202]

Here is the full thread from the Nationwide forum (so you can see all the history), though I haven't had a response there recently and really need some advice if possible.

http://www.consumeractiongroup.co.uk/forum/nationwide/198126-nationwide-cca-received-help.html

 

Thanks again!

[Jacky202]

I've been doing some scanning to give more info...

 

Here's the letter from CCScollect today:

 

[Pinky69]

The credit agreement is unenforceable because it does not contain the required prescribed terms and the DN is unlawful because they state payment is required within 14 days of the date on the DN. That does not allow the required time for postage. They have demanded the full amount and doing so after issuing an unlawful DN is unlawful rescission.

 

The first thing you have to do is write to Nationwide's Complaints Department stating that you accept their repudiation of contract which occurred when they demanded the full balance of the alleged account after issuing an unlawful DN. That seals the rescission legally - you must do that. Then you can write to the DCA and tell them the agreement for the alleged account is unenforceable as it does not contain the required prescribed terms for an agreement and in addition it was unlawfully rescinded by Nationwide.

 

They will trash your credit rating but what happens now is up to you. You can ignore them or it puts you in a good position when you have the money to offer a minimal amount to settle and get rid of it.

[Jacky202]

Here are the pages they sent as my CCA. If someone could just check whether this is enforceable I'd be very grateful!

 

 

 

 

[Jacky202]

Hi Pinky69! Thank you so much for your reply.

 

That is very reassuring to hear that someone else agrees the credit agreement is unenforceable and the DN unlawful! I haven't been through this before - as you can probably tell

 

OK, so...

 

1) should I not respond at all to CCSCollect (the debt collectors)?

 

2) Re the letter to Nationwide Complaints Dept: should I just say what you've said here and nothing else? Or is there a standard letter along these lines? Sorry - I have no idea what to say as it's all new to me!

 

3) Re the DCA - how do they relate to Nationwide? Again a newbie question sorry! And is this all I say too, or again is there a standard letter people advise to send?

 

Well, my credit rating is trashed anyhow due to some serious financial problems recently - I'm paying my other credit card debts by £1-a-month token payments at the moment, so there's not much hope for a good credit rating for a while...!

 

Thanks again, very much, for your reply

 

The credit agreement is unenforceable because it does not contain the required prescribed terms and the DN is unlawful because they state payment is required within 14 days of the date on the DN. That does not allow the required time for postage. They have demanded the full amount and doing so after issuing an unlawful DN is unlawful rescission.

 

The first thing you have to do is write to Nationwide's Complaints Department stating that you accept their repudiation of contract which occurred when they demanded the full balance of the alleged account after issuing an unlawful DN. That seals the rescission legally - you must do that. Then you can write to the DCA and tell them the agreement for the alleged account is unenforceable as it does not contain the required prescribed terms for an agreement and in addition it was unlawfully rescinded by Nationwide.

 

They will trash your credit rating but what happens now is up to you. You can ignore them or it puts you in a good position when you have the money to offer a minimal amount to settle and get rid of it.

[Bazooka Boo]

**BB waves to guests**

Hope your learning something:D

 

As pinky has said, you MUST accept the unlawful repudiation with Nationwide to make it legally binding, AKAIK there is no standard template so in your own words along the lines of what Pinky said:

 

Dear Nationwide Complaints Department,

 

Thank you for your recent correspondence the contents of which have been noted.

 

I accept your repudiation of contract which occurred when you sent an unlawful default notice dated dd/mm/yyyy followed by another letter dated dd/mm/yyyy asking me to pay the full balance on the account.

 

I look forward to your prompt reply.

 

Unless anyone else has another POV???

 

Boo;)

[Pinky69]

That's it - just a few lines as above is all that is needed. Then write to the DCA as in my post, then you can ignore the DCA.

[Jacky202]

Thank you very very much, Pinky69 and BB! That's great news about not needing to say much! I'm used to sending long letters, but on this subject I haven't a clue lol!

 

Much appreciated for setting my mind at rest and advising on what to do next. Will get right on it

[robinredbreast]

Hi Jacky 202,

 

Hope you don't mind my writing .. I have exactly the same problem with NW and a credit card, have disputed, they have not responded, they sent a dodge DN, then a letter of termination, now another DN which corrects all the errors in the first one.

 

I am going to follow Pinkys advice and send a letter accepting the unlawful termination, and wondered how you were getting on with this yourself? Or any tips you can give ?

 

Thanks for any help you can give ...

 

Robin x:)

[Jacky202]

Sorry to hear you're having this trouble too! I've done as advised here, but not heard anything back yet from Nationwide complaints department or from the DCA. So still waiting to hear what happens next.

 

Best of luck!

[robinredbreast]

Hi there ... thanks for posting...

 

I'll send my letter off tomorrow ... and when/if I hear anything from them, I'll drop a quick line here, so that if its any help you can compare between what they've told you to what they have told me .... bet its completely different each time ... !!!

 

Thanks again Jacky .... and good luck to you too ...

 

Robin x:)