MKDP & nationwide credit card debt Defective DN/TN?

[PGH7447]

carters have been hired by someone so yes send it to him and cc the last muppet to chase

[diamondgirl]

subbing

[red.ninja13]

Just to let you know, Bryan Carters is a part of freds, so dont get worried and think they have hired someone, its just a different office of freds.

[DonkeyB]

Subbing. I like making nails for Mr Carter's coffin.

[themagician]

Subbing. I like making nails for Mr Carter's coffin.

do you wanna borrow my lump hammer to put them in !!!!

[Stagparty]

Today I received a letter from Carters saying proceedings will be started on 1 February if I don't pay by then.

 

This is a scan of the letter they have sent me

 

Fredricksons have been hassling me for a while about it and I have tried to explain that I don't think the CCA requesthas been fulfilled but they haven't dealt with this.

 

This is what I got from Nationwide when I applied for the CCA request. There were no other sets of terms or conditions nor a balance/statement enclosed. When I pointed this out to Fredricksons they obviously contacted Nationwide and sent exactly the same documentation again.

 

In July 2009 Nationwide issued a default notice - this is a scan of it. It was sent second class post.

 

Just for further information I was making token payments (£1 a month) on the account until very early August 2009. I have written regularly to Nationwide and Fredricksons pointing out the failure to comply with the CCA request without a successful conclusion.

 

From what I can see, the CCA request hasn't been properly fulfilled and the Default Notice is defective (insufficient time to fulfill, no actual date specified and demanding the full balance).

 

I haven't written to Nationwide yet regarding the unlawful rescission of contract following the Default Notice - whilst they haven't formally terminated the account I think that by demanding the full amount and sending the account to external debt collectors who are also demanding the full amount means that they have by their actions. Am I right?

 

Any advice about how to respond to Carters would be really greatfully received.

[themagician]

Today I received a letter from Carters saying proceedings will be started on 1 February if I don't pay by then.

 

This is a scan of the letter they have sent me

 

Fredricksons have been hassling me for a while about it and I have tried to explain that I don't think the CCA requesthas been fulfilled but they haven't dealt with this.

 

This is what I got from Nationwide when I applied for the CCA request. There were no other sets of terms or conditions nor a balance/statement enclosed. When I pointed this out to Fredricksons they obviously contacted Nationwide and sent exactly the same documentation again.

 

In July 2009 Nationwide issued a default notice - this is a scan of it. It was sent second class post.

 

Just for further information I was making token payments (£1 a month) on the account until very early August 2009. I have written regularly to Nationwide and Fredricksons pointing out the failure to comply with the CCA request without a successful conclusion.

 

From what I can see, the CCA request hasn't been properly fulfilled and the Default Notice is defective (insufficient time to fulfill, no actual date specified and demanding the full balance).

 

I haven't written to Nationwide yet regarding the unlawful rescission of contract following the Default Notice - whilst they haven't formally terminated the account I think that by demanding the full amount and sending the account to external debt collectors who are also demanding the full amount means that they have by their actions. Am I right?

 

Any advice about how to respond to Carters would be really greatfully received.

as soon as the cca had not been fulfilled did send him the acc in despute letter ??,if not do so now!.

[Stagparty]

Nationwide had the account in dispute letter straight after the 12days + 2 expired back in August. It was sent by Special Delivery and I have proof of both postage and receipt.

 

Carters originally wrote in December and I replied and said that the CCA request hadn't been fulfilled and I was surprised to receive a threat of action from them. They didn't respond until the letter I got today, which is scanned above.

[Revenant]

I have read the DN and if the bits of info I've picked up on here have stuck I think it's wrong and throws Carter's idea even more out of the water

 

"Date by which action is required: The payment should reach your account within 14 days of the date of this Default Notice"

 

The DN doesn't give an actual date for remedy

 

If I'm right I'm chuffed if not I'll have to learn some more

 

Someone will let us know

 

Good luck

 

R

(Hmm maybe I should have read the original post properly re the DN LoL)

Edited January 27, 2010 by Revenant
addition

[NailPost]

If you sent the letter in dispute letter to N'wide then they had no right to be farming it out to the likes of Freds - or anyone else for that matter. A threat by Carters to pay up is a total waste of the earth's valuable resources. Let him waste another couple of trees in issuing his claim and then, when you file a defence, watch him scurry away when he finally realises he has no legs to stand on.

[harrassed senior]

Fairly sure you are correct, but I too stand to be corrected. Watch this lot carefully as they snuck a CCJ in whilst I was ill, so be extra careful. I did manage to get it set aside, but you don't want extra hassle.

[Stagparty]

I, too, think I'm right Harrassed Senior but if there is a way of heading things off then I would rather do it now than after the court papers have been issued. Due to a recent family bereavement I can't guarantee being here all the time at the moment hence why I have asked for some suggestions as to how to respond.

 

I haven't, as yet, mentioned the potential unlawful rescission and subsequent termination (by virtue od demanding the money in one lump) to Nationwide or Freds or Carters - would it be worth doing this?

[harrassed senior]

My own opinion would be to keep it to yourself for now, more amunition for later, just try and keep an eye on the post for any Court paperwork.

[Stagparty]

Another question - should I formally accept Nationwide's termination of the contract?

[diamondgirl]

I have seen loads of letters with legal action 1st Feb so the lowlife are being extra busy this month.

You could just drop them a line reminding them that the account is in dispute you could if you wanted to be generous with them send them a copy of the dispute letter you originally sent and finish of by saying so go shove yoursselves or words to that effect.

DG

[Stagparty]

Thanks for that diamondgirl, do you think it would be worth hammering the nail into the coffin and telling them about the unlawful rescission of contract too?

[havinastella]

Thanks for that diamondgirl, do you think it would be worth hammering the nail into the coffin and telling them about the unlawful rescission of contract too?

 

 

NO, thats ammo for later

 

JOgs

[Stagparty]

Thanks for the response "havinastella" - I see where you are coming from regarding ammo for later. Would you suggest writing to Nationwide and accepting the termination or stay quiet on it?

[DonkeyB]

Spot on Jogs, While there is a dispute on the CCA, no need to show them your ammo store.

[Stagparty]

Assuming that Carter does issue a summons, IF it ever actually got to court, would I be seen in a better light for responding now and telling him that the account is still in dispute thereby attempting to minimise costs?

[NailPost]

Whose costs - yours or his? To file a claim costs money, his money. Responding to it online costs you nothing, filing a defence costs you nothing but time, and there's plenty of help and support on here for that. Discontinuing mans Carter has to pay the price of severl stamps. That's all his money being wasted. Why bother trying to minimise his costs - it is Carter's decision to chase this to court.

[Stagparty]

I was thinking his costs, not particularly because I want to save him money - judge so I can say to the judge "I even tried to explain this to him 3 days or sop before he issued proceedings and he still ignored it and went ahead" (maybe a case for reporting him to the solicitors regulatory authority?)

 

Out of interest, would the plaintiff be Nationwide with Carter as the agent?

[DonkeyB]

You have already informed both Carter and Nationwide that you dispute the account.

 

However, there's no harm in doing so again, and warning them that any subsequent court action would be averred as vexatious if they fail to address your dispute, and that you would immediately bring the dispute to the court's attention.

 

Most likely it would be Carter bringing the action, with Nationwide as the claimant.

 

On what grounds have you disputed the CCA? It looks like part of a two-sider, but it isn't big enough to read properly.

[Stagparty]

DonkeyB - thanks for the reply

 

It's disputed on the basis that side of paper is the only thing that they have sent, there were no seperate terms and conditions at opening of account, there was no current set of terms and conditions and there was no balance advised. Also it isn't signed by them so technically it's not executed properly.

 

The reason I ask about who would bring the proceedings is as when I looked at my SAR from NW it said not to litigate due to negative equity.

 

The suggestion about litigation being vexatious is good - thanks for that.

[DonkeyB]

OK, that's fair ground for dispute. So, you are really just asking them to fulfil the CCA request. Do you remember it being a multi-page document? When was the card taken out?

 

On reflection it may have been better to continue with the £1 token payments. You can choose to withdraw payment on the failure of a CCA request, but it's not always the best thing to do, as you aren't actually disputing the existence of the debt at present.

 

I'm guessing you also have a mortgage with Nationwide? How else would they know about negative equity?

 

My final question... what do you want to get out of this?