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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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Lilythepink

Nationwide Credit Card and overdraft (N.I Belfast)

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would the social security administration act not be a decent string to add to this bow as well?

 

I have been in touch with them, and they want to see my income and expenditure again. I told them them my income was only £71 a week, as they can see from looking at my account.

 

Anyone got an email address for Nationwide?


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This is what the Nationwide have sent me, when I asked for them to refund the charges on my overdraft, as I only have benefits coming into it at present.

Dear

 

Thank you for your message.

The terms and conditions of our current account incorporate Nationwide’s Rules (one of our constitutional documents, which govern the relationship between Nationwide and its members). In particular Rule 5(b)(iii) states that:

 

"The Society may withhold all or part of any current account and use it to pay or reduce any debt owed to the Society which is due or overdue for payment."

 

This means that Nationwide can use any money deposited in an account to set off any debt owed by the account holder to the Society.

 

Nationwide does, however, have in place a number of policies relating to the fair and reasonable treatment of customers who are in poor financial circumstances.

 

Please see the following page on our web site for a more detailed list:

http://www.nationwide.co.uk/payment_difficulties/default.htm

 

I would like to thank you for contacting us. If you need anything else please reply to this message.

 

Regards

Vikki Legg

Customer Consultant

Nationwide Direct

E-Cont@cts

http://www.nationwide.co.uk

Edited by Lilythepink
deleted my name

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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cheeky buggers

 

they are NOT immune to BCOBS though!!

 

adapt and send this:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?353395-Letter-to-send-if-you-are-being-charged-bank-fees-whilst-on-benefits

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Have sent it, and keeping fingers crossed.


LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Hi, they have just come back with the same thing that they sent before, I have replied, as I think they are going to go on with the charges. I have moved everything, except the joint a/c which pays all the household bills.

How can they just ignore BCOBS Here is the reply

 

Dear Mrs ,

Thank you for you recent communication about the charges incurred on your current account.

 

After careful consideration, we cannot agree to refund your charges. Only in exceptional circumstances do we refund charges and on this occasion we feel it would be unfair to other members who find themselves in a similar situation and whose charges still remain. We realise that our answer may disappoint you, however we'd like to take this opportunity to clarify our position:

 

We understand that some customers may experience unforeseen financial difficulties and it's certainly not our intention to make things more difficult. At the same time when you opened your account you agreed to abide by the terms and conditions which clearly set out how the account should be operated.

 

Whilst I am sympathetic to your current situation, I note that we have previously refunded charges to your account. Therefore I believe you are now aware of our charging structure and the steps you need to take to maintain your account within the agreed limits. In view of this I cannot agree to refund any further charges.

 

Charges are applied to an account when the account exceeds its agreed overdraft limit or a payment is returned due to insufficient funds.

 

We notify you of the charges incurred in your monthly statements, which can also be viewed online. For information on how to view your statements online please follow this link to our 'online statements' article http://www.nationwide.co.uk/search/DisplayArticle.aspx?article=1214

 

The charges are debited from the account 28 days after the statement is produced. We'll try wherever possible to help you manage your account but it is ultimately your responsibility to ensure that funds are available to cover these charges and any further payments that are due.

 

I would like to thank you for contacting us. If you need anything else please reply to this message.

 

Regards,

Steven Payne

Customer Consultant

Nationwide Direct, E-Cont@cts

 

www.nationwide.co.uk


LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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I am not that well up on this post , but i wouldnt of thought that they could take payment or funds from an overdraft to pay a debt with them as in theory this is not your money, as this is causing you more debt and is bad practise or am i incorrect in saying this ?

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dark vader, this was my understanding as well.. that they couldnt take charges to pay themselves, whilst taking the account holder deeper into the red.. I think you will need to have a read of the BCOBs articles in my signature to confirm this.. there is in fact a letter that was written to RBS along this track.. and the charges were refunded.


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That is what I thought, as it is borrowed money but within its limit. They don't seem to take any notice of anything I say.

 

I have written to them, including those points, but they are still charging me.


LilythePink

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may i suggest you open a bank account in another bank whilst all this is taking a lot of your money ! that way you have control of your finances and not them until its sorted, otherwise they are just taking all your money and you have no control

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I have done that already, because they told me they had to charge me on my overdraft. I am reporting them to the FOS. Opened also a joint a/c to pay household bills as they might take that money to pay the charges.


LilythePink

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can you agree with them to loan the debt , thus making it a cheaper debt and more manangeable for you and there silly outrages legal charges will stop !

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can you agree with them to loan the debt , thus making it a cheaper debt and more manangeable for you and there silly outrages legal charges will stop !

 

It is absolutely ridiculous.. banks wont convert overdrafts into loans simply because it is more profitable for them to charge on overdrafts.

 

However, if they were to conver it into a loan.. then they might revoke your overdraft facility.


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Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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No, they won't change it to a loan, as I now have a very bad credit rating, due to being off ill. I hope to get back to full time salary next month, but I am not going back to Nationwide, and will pay off my overdraft minus the charges.

They know the situation I was in, and in future I will borrow from the credit union, as they have been brilliant.

Nationwide are breaking their own code of practice, and are charging us for being in financial difficulties, which I am at the moment. I am a regular payer of all my debts, until I took ill.


LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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In which case it might be worth making an official complaint - they are not prepared to offer you a loan whereby the interest would possibly be less and you would have a chance of getting out of a cycle of charges - yet are prepared to continue letting you go outside the O/D limit which keeps you in the cycle of charges.

 

You have advised them of your situation and you believe they have not been treating you fairly - read the BCOBs articles in my signature.

 

It is always worth the effort to encourage them to be a bit more lenient, however, if you have already reclaimed charges, I would think they will consider they have already given you the opportunity to turn things round :(


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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I did reclaim a £30 charge last year, and I have just received a very nasty letter from them,

saying that they are quite entitled to charge further charges on my overdraft,

even though there are only benefit money going in, and money I have borrowed to cover my priority bills.

 

They say that are acting under the Social Security Administration Act 1992, when it refers to a chare on benefit payments.

 

Essentially any reference to charges in the Act relates to lien on the benefits.

 

This makes it an offence to offer or accept a benefits entitlement as security.

 

It does not mean that a Bank or Building Society cannot levy charges on an account if social security beniefts are being paid into it.

 

 

What on earth does that mean lien?

 

 

They say this is their final answer.

Edited by Lilythepink
To make the details in bold from the letter from the NATIONWIDE

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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i had a overdraft with the natwest converted to a loan , why do you say they wont do it !

 

 

they did it for me, thats why i suggesedt it !

 

 

yes they will revoke the overdraft but i would of thought that to be least of your worries.

 

 

i have a shattered credit rating and they did it for me at there suggestion.

 

 

If you are saying that the nationwide will not convert it to a loan then it becomes a very expensive method of borrowing money

and for your own ends if its causing you financail hardship by paying it ,

is to stop paying it until eventually they will issue a ccj

 

 

and that way interest and charges will stop and you will pay an affordable payment ,

 

 

thus of course as you say all other options have failed

Edited by dark vader

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Anyone any advice, can't find the act they are talking about?

 

I have changed to a basic bank a/c, and will pay the overdraft back, once I get my first proper salary.

 

 

My credit rating is dreadful, but as I don't want any more credit, as I have no money at the moment,

as I went back to work on 10/12, and want to start paying my mortgage again.

 

 

Nationwide are saying this is the last communication on this subject, so I have no option but to go to the FOS.

 

 

It has stressed me out and made me ill, and they just don't seem to listen.

 

 

Even if they did turn it into a loan, I have no money at present to pay them back.


LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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my opinion would be to stop paying anything off the overdraft and then they WILL start a recovery process through the courts to recover the debt,

in the long run this would be the cheaper option if your not bothered about your rating which is prob as bad as mine at this time

this would be the best way forward as i have stated in my above post,

 

 

i certanly wouldnt worry about it , you will never be made to pay amount back you cannot afford

 

 

.And would say if you dont countercalim the process would take approx 4-5 months

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Is it true whenever they issue a default notice on your a/c, that they freeze the interest, this has happened with my credit card with them.

 

 

I am in an arrangement until I can pay more, but got a letter today saying charges and interest nearly 1000. They really are robbers.


LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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No the default is just for non payment under the consumer credit act that your have defaulted on the payment !

by law they have to issue such notices !

 

 

Alot of people do worry just like yourself but please understand theres very little a creditor can do ,

unless you stop paying the agreed amount set by the court, which is along way off .

 

 

if you try again to sort out with the nationwide it sounds like they just want to take your income to the cleaners

as you are just throwing money down the drain and not paying nothing off the debt as things are .

 

 

i have not read a better option so far on this thread for you so far unfortunately

Edited by dark vader

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I am in the middle of changing all my dd and SO from that a/c to my new a/c. I also have a joint a/c to pay shared bills, priority debts. I am moving that as well, as they seem to think you can live without gas, electricity, mortgage payments etc.

I will not be paying more than I can afford off that overdraft, and I will keep reducing it, until I can wave the Nationwide goodbye.


LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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They dont need to issue a default notice on an overdraft as these are repayable on demand. They should however write and give you at least a minimum of 7 days to do this.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Sorry you asked what a lien was..

 

Here is the dictionary definition

 

lien

/ˈlē(ə)n/

 

Noun

A right to keep property belonging to another person until a debt is paid.

 


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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They don't have anything of mine, except the money I owe them. I will be paying my overdraft back, but at the moment I have no money to pay them back.

 

thanks for the info, will keep updating. Boxing day and I'm worrying about money, didn't hardly spend anything this Christmas, cut out all gifts etc, just told people I had no money as I had had a very bad year.


LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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The Nationwide have sent me a letter saying that this is the end of their communication re this complaint,

 

 

and there will be no more communication re it.

 

 

So I will just go ahead with my complaint to the FOS, or anybody that will listen.

 

I read the letter that got the charges back from the RBS, but as the Nationwide will not talk to me anymore, what choice do I have?


LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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