Nationwide court action Urgent help please

[speedy123456]

I am currently on a debt management program with Payplan, I have nine accounts

All of which have accepted Payplans offers, four of the accounts are with nationwide, they have accepted the offers on three of the accounts but have rejected the offer on my wife’s credit card, the account was opened in 2003, after reading these forums I have sent two CCA requests to KPR/Nationwide the first in May and then June recorded delivery, They have not responded. I have also sent a further request on the 5th November, as yet no response.

I have now received a court claim form, I contacted the FSA who are sending

a letter for me to send to the nationwide solicitors + the courts in an attempt to cease court action as the account is now in official dispute.

I have no experience in these matters and would be grateful for any assistance/ advise.

[speedy123456]

Anyone!

[Jasper1965]

They cannot enforce the account whilst in breach of a CCA request but this is a redeemable issue if they have everything neccesary in order.

 

Could you post up the "particulars of claim" please removing any identifying amounts, dates etc.

 

Were any charges applied to the account?

if so have you reclaimed them?

Was there PPI on the card?

Did you receive a valid default notice?

 

You should acknowledge service which extends your time to file a defence by 14 days. If it was served through northampton ccbc you can do this online.

[speedy123456]

Hi Thanks for the reply

 

The details of the claim are,

 

The claim is for money due from the Defendants(s) under an agreement (the agreement) regulated by the consumer credit act mad between the claimant and the defendant(s)

under the terms of the agreement , the claimant opened a credit card account referenced by identification number

XXXXXX on the XXXX 200X

 

By failing to repay the sums due under the terms of the Agreement, the defendant(s)

Is (are) in breach or the terms of the Agreement and the balance of £XXXX is outstanding

 

The defendant(s) was (were) served with notice of default under section 87(1) of the consumer credit act on

XX XXX XXXX. The defendant (s) has (hav) failed to comply with the default notice and the claimant claims the full amount outstanding under the Agreement form the Defendant(s)

 

The Claimant confirms that they have complied with sections III and IV of the pre-action conduct practice direction

[speedy123456]

I have also sent this letter to there legal department earlier this month,, Might look very familiar. But Still no response

Dear Sir/Madam

 

Account/Ref No:

Further to your letter dated XX 2011

Ref XXXX

 

 

I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial Breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 10 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the fos for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

If the information is not provided, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours faithfully