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ricky balboa

Nationwide claimform - old credit card debt..lost now have CCJ

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Hi,

 

I have just received court claim forms from Swindon county court courtesy of Nationwide.

 

I have a credit card debt with them for just over £3000.

Over the last four months the debt has been paid through regular payments with CCCS.

Then nationwide sent letters to say this amount wasnt enough.They wanted 5% or a full settlement.

 

I spoke to them about settling the account, but they wouldnt accept an offer of £1500.

They then handed the account to theyre inhouse DCA KPR.

 

I then took advice from people on the MSE forum, who advised requesting my CCA.

Nationwide replied to my request saying they needed a signature, after sending a letter saying they didnt need this, they sent a copy of the CCA to my branch.

 

I was advised not to collect it, as they didnt need my signature.

 

I have a copy of my last Default letter in the following link, which im told is unlawful with several faults on it.

 

http://s740.photobucket.com/albums/x...nt=IMGedit.jpg

 

Yesterday i sent off an SAR request by 1st class recorded.

Today i received the court papers.Im a little worried about making mistakes.

 

What is my next move??

 

any advice is gratefully received, and i thank you in advance for all help.

 

Ricky

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Hi, just a quickie, what date (roughly) would you say this cc account dates from?


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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I think its well over 10 years old, more like 15ish.

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Excellent, you have everything going for you here.

Ok, First post up the POC, leave out anything which could identify you

What date is on the front of the claim?


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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the issue date on the front of the claim form is 11/3/10

 

Im not sure if this is what you want, its says continuation sheet POC, but i cant see the first sheet?

 

http://i740.photobucket.com/albums/xx49/slightly78/court1.jpg

 

I see they have the card setup date as 2005, i thought it was way before this, is this a problem?

 

thanks

 

Ricky

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This gets even better, you can win this, (see my nationwide thread in the legal successes forum)

 

1st, in the pack there is a form to send to the court saying you intend to defend the action, fill this in making clear you intend to defend the whole claim, send it to the court by special delivery ASAP.

 

Dont send any defence yet

 

Can you just confirm

1. Nationwide are the "Claimant", as on the front of the claim

2. This action is in the Swindon County Court

3. Did they enclose a copy of the original agreement with the claim


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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To confirm:-

 

1.yes Nationwide building society are the claimant

 

2.Yes, it is in Swindon county court

 

3.They havent sent the original agreement with the claim.

 

I take it this is all good news, is so why please?

 

thanks again, your making me smile at last :-) (long hard day)

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The fact that they have issued in swindon,as opposed to Northampton bulk centre, as most of them do, means that they MUST serve all of the documents mentioned in their claim, along with the summons.

This is a clear breach of the CPR, and a defence to the action in itself.

 

Who are the solicitors acting, if its nationwide, even better as they are very inept, the better for you.

 

Check out my thread, and also one from a user called Shammy, who also won against them under similar circumstances


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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The fact that they have issued in swindon,as opposed to Northampton bulk centre, as most of them do, means that they MUST serve all of the documents mentioned in their claim, along with the summons.

This is a clear breach of the CPR, and a defence to the action in itself.

 

Who are the solicitors acting, if its nationwide, even better as they are very inept, the better for you.

 

Check out my thread, and also one from a user called Shammy, who also won against them under similar circumstances

 

and the DN claims the entire balance of the account which is in itself an unlawful rescission since it defeats the intent and purpose of the DN as prescribed by the CCA- in fact you cannot lawfully comply with the DN - game over

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and the DN claims the entire balance of the account which is in itself an unlawful rescission since it defeats the intent and purpose of the DN as prescribed by the CCA- in fact you cannot lawfully comply with the DN - game over

 

DN doesn't give a DATE for remedy anyway, that's enough to kill the case


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Just to point you to what you need to know as regards to the points raised by Creditcardmug and Diddydicky in their posts about Default Notices - http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html


 

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Afternoon all,

 

I have filled in the "Acknowledgment of service" in my response pack.

As i have decided to defend the claim i have ticked box 3 to contest jurisdiction.

 

I filled in my address,DOB,the date,telephone no and email address.

 

Do i put anything in the box on the RHS where the name of court and claim no is? ie my name and defendant name.

 

I havent put my name in the defendants full name box as its correct on the claim form.

 

I will post this today by special delivery to Swindon courts.

 

Is this all i do for now?? (other than swotting up on the forums of other cases):p

 

many thanks

 

Ricky

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I sent the acknowledgement of service to the court a few days ago by special delivery.

 

I have also received a letter from Nationwide stating that they have my SAR request and will reply within 40 days.

 

Im a bit lost now, do i have to write a defence within 14 days or do i now have 28 days now ive stated that im disputing the claim?

 

If im to write/send a defence, am i basing it on the default letter, the fact they havent sent me my CCA after 2 requests (3 including SAR request) and the faults made with the claim to the court?

 

Whats my next move please and how long have i got?

 

thanks again

 

Ricky

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Hi Ricky

 

I think on Acknowledgment of service you should have ticked box 1 defend all of this claim, some one more expert than me will come along and say yes or no on that .

 

Go For It


Go For It

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Im in a panic speechless-smiley-040.gif

 

Ive just realised ive filled in the wrong box on the acknowledgement of service.

Of the 3 choices:-

 

1. I intend to defend all of the claim.

 

2.I intend to defend part of this claim.

 

3.I intend to contest jurisdiction.

 

I choose 3!

I stupidily misread the form wrong, i cant believe how i decided 3 was the one i wanted.

 

What can i do now to sort this out??

 

thanks

 

Ricky

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hi

soz to get u in a panic, do as diddy says and your get 28 days to file a defence

 

Go For It


Go For It

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Im just sorting out my defence letter to the court.

 

I have been reading other threads on similar backgrounds to my case.

people have been sending a letter to the claimants on the basis of:-

 

Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

 

Is this a letter i should send to nationwide, as they still havent replied to my original CCA request and havent yet sent me paperwork from the SAR (just acknowledged that they are going to)?

 

thanks

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Been looking at other users "defence letters" , and trying to write mine, but not finding it easy.

 

I believe the following 6 points are my cause for defence (unless anyone else can see others from my posts/letters):-

 

1. They have failed to send me a CCA after asking them for it 3 times.

 

2.The latest default letter they have sent me claims for the entire balance, which im told is unlawful recission as it defeats the intent and purpose of a default notice.It should only be arrears and charges.

 

3.The default letter gives 14 days to remedy, no postage time allowed for.

 

4.The default notice says "before date shown" , but no shown date.

 

5.The default notice gives no date for remedy (i think thats covered in above point though).

 

6.Nationwide must serve all documents mentioned in claim as its from Swindon county court, this is a clear breach of CPR as they didnt inlcude my mentioned CCA.

 

They havent yet replied to my SAR which was sent on 16th April.

 

Im going to post up a list of dates to show the procedure of how things are panning out, as ive seen others users have done, to make things clearer.

 

thanks for any advice with the defence letter, its gratefully received.

 

Ricky

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Im just sorting out my defence letter to the court.

 

I have been reading other threads on similar backgrounds to my case.

people have been sending a letter to the claimants on the basis of:-

 

Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

 

Is this a letter i should send to nationwide, as they still havent replied to my original CCA request and havent yet sent me paperwork from the SAR (just acknowledged that they are going to)?

 

thanks

 

 

Yes, the CPR 31.14 request should have been sent when you received the claim form.

 

Nationwide BS get 40 calendar days from receipt of your SAR letter to comply.

 

Have you received any documents mentioned in the Particulars of Claim ?

Edited by supasnooper

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I have not received the CCA which is mentioned as "The agreement" in the particulars of the claim.

 

is this what i should edit and send to nationwide by 1st class recorded this afternoon????

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court .

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

p.s im still struggling to word my defence and im getting worried as it has to be in by the 15th April, any help is much appreciated.;)

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Hi all,

 

 

 

Should i be writing an "embarrassed defence" letter as i havent yet received my CCA as mentioned in the POC and cant defend against something i cant see?

As you can see i have requested it 3 times by letter, then by SAR and finally by CPR 31.14 (i know i shouldve sent this sooner but didnt know about it).

 

This dosent bring into account the unlawful Default letter.

 

My defence needs to be in by Thursday April 15th and i very much doubt i will get my CCA before that.

 

thanks for any advice

 

Ricky

Edited by ricky balboa

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