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    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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Andrea1967 v Nationwide - Nightmare/Desperate


Andrea1967
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Yes I am up to court action stage (LBA expired the other week but I got cold feet). If I get the money I could possibly start on line claim, but in a few weeks when I get paid and hopefully receive the loan I got I will certainly be in a position to pursue them thruough the courts and intend to do so.

 

I will visit branch as early as poss tomorrow with letter.

 

Many thanks for your support tonight.

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Did as you said Jonni - went to bank first thing and saw funds were available - in that I was overdrawn by £106. I drew out £300. I have got a bit confused about what or why I am doing this and don't know if I should issue the letter of appropriation or not though I have prepared it. I will try and paste it in below.

 

I suppose I have until 5pm today to get the letter to them if I need to. Any chance you can urgently advise as I have to go to a school panto now till about 4.30. If I don't hear, I willl submit letter. On line messaging might suffice but am scared to look.

 

Went to Nat West and they advised that they could not open Step account as the issue of bank charges will obstruct this. (They will need to see 3 months statements from previous bank.) Rather distressed, got myself together and went to Co op who believe from my circumstances, I can apply for a cashminder account. Couldn't spare me time today so gave me phone no to apply which i will do immediately.

 

letter for n/wide shown below.

 

25 May 2006

URGENT

Nationwide Building Society

PO BOX 2098

Swindon

SN1 5TY

C/O THE MANAGER/SUPERVISOR - OLDHAM HIGH STREET BRANCH

 

RIGHT OF APPROPRIATION

Dear Sirs

ACCOUNT NUMBER: **********

I write with reference to an automated call I received yesterday evening advising me that as I was over my authorised overdraft limit by the amount of £39, you required immediate repayment of the full amount of £539.

As a full time employed, single mother, who has for the last six or seven months been crippled by your bank charges and have been refused any assistance to rectify this by yourselves, I am sure you can imagine that this action will place me and my two young children into severe hardship.

I have received a benefit payment, which is my payment for Childcare for the next few weeks and day to day living expenses (food, travel costs). Without this money I will not be able to pay the costs for my child care whilst I am at work – this could obviously have severe repercussions on my work and ultimately my life.

The amount of my overdraft is made up entirely of your charges and thus the Working Families Tax Credit payment should not be used to cover this.

The call I received last evening from an electronic device was extremely distressing for me (especially without the opportunity to speak to an operator) and I believe you could have taken the opportunity (over the last six months in fact) to discuss this and the whole matter of my Flexaccount with me in a much more candid and constructive way.

I trust you can give due consideration to my extremely difficult circumstances and with a view to finding a proper and reasonable solution to this matter.

Yours faithfully

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Hi Andrea,

 

Just got back online. It was important to remove as much money as you could today as they were suggesting that they will remove your overdraft limit (i.e. they are asking you to pay it back in full).

 

If you don't get the cash out, you would have to fight for this separately.

 

I know you mentioned family help, but this will hopefully enable you to breath easy again for the next couple of weeks. It will also allow you to start legal action to recover the funds taken in charges (I think, from memory, your fee will be £80).

 

I have just received more info on the Right of Appropriation - as I said earlier we, as a site, were only just finding out about this. I appears as though you would have to give a bank approx 7 days notice in order to have this acted upon, and would need to be resent in advance of every payment you are expecting, rather than a 'one letter fits all' approach. Goodness knows why, as this seems rather silly, but there you go....

 

Having supplied the letter today, you have done no harm. They might realise that you are unable to ringfence monies on this occasion, but they might not know themselves and act upon it.

 

I'm very surprised about what Natwest told you. I will pass this on to the site team later. Perhaps when you are back online, you could give me more info on the conversation that took place?

 

If you are still searching for a new account, it might be wise not to mention reclaiming bank charges. The Co-op Cashminder seems reasonable for a Basic account. As I recall, you get a Solo or Electron card on that. Only a record of fraud should prevent anyone opening it (according to their own info).

Maybe this does apply to you :o because reading an earlier post of yours, you gave the impression that you might be caving in, but clearly you are MUCH stronger than that :D

 

Taking your cash out was also important because you are going to put it into this new account, once opened. It is then 'safe' so to speak.

 

Don't forget, once opened, to transfer ANY other income into it. Wages, child benfit, Paypal funds etc.

 

Will look back later to see how things stand - hope the panto was good.

 

John

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi andrea

Have you tried opening a step account online?

 

http://www.natwest.com/personal02.asp?id=PERSONAL/DAY_TO_DAY/CURRENT_ACCOUNTS/STEP_ACCOUNT

 

I did this online this in about 5 mins 2 days later recieved the form to sign and return and after a further 4 days recieved my cards and today recieved my pin number,really painless and sorted within a week

Steve

Lloyds TSB - N1 claim issued 18/07/06 - £3440 Offered unconditional settlement 23/08/06

Vodafone-Information Commisioner assessment -default removal -25/07/06

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Steve thanks for that info, have proceeded with the Co op so apparently will hear progress Tuesday. From what the woman on phone says (and reiterates what was said in Co op Branch) I should not have a problem. From what you and John are saying though I am wondering if I was given duff info at Nat West branch. It filled me with panic as well I have to say as I thought I was well and truly stuffed for opening another account.

 

John

 

I issued the letter on line to bank and put in fore message which reads:

 

Please see below copy of letter I will deliver to my branch today. I envisage that my personal circumstances will improve within the next 4 to 6 weeks to the extent that I will be able to repay my overdraft in its entirety and reduce my other commitments to the extent that you will see great improvement in the management of my account. I sincerely hope that you are able therefore to assist me in this period as much as possible to ensure that I can get out of a very bad situation and enjoy a positive banking relationship with you once more.

 

 

(Sorry just hedging bets just in case co op or secured loan let me down).

 

I hand delivered the letter to branch after panto (which was good but got there 20 mins late due to being on phone to co op - bad mother award goes to! - but i have to keep roof over head and food in bellies so some mitigation please).

 

Well I drew out £300 of what was available leaving approx £100 for any other unforseen debits. I put £200 on my credit card (as their payment had been bounced and have £100 in purse to pay whatever else they have bounced me which I need to check - also negotiated with Barclaycard and got late payment charges etc of £40 removed - would never have thought of that previously) I pointed out that I understood the law had changed and they couldn't charge more than £12 - the lady I spoke to said it has not come into force yet and is stil under discussion. Anyhow I digress. So I can poss deal with any other bills with Barclaycard as they are now sweet.

 

I have not mentioned to any banker regarding reclaiming bank charges.

 

I only mentioned it as I was asked in Nat West as to the reason why I was moving and I told them that I had a bad month and got hit with charges and that it has been a downward spiral since then so I wish to move my money to another account and have the whole of my wage at my disposal and reimburse Nationwide at a level affordable to me.*

 

The conversation with the person at Nat West went along the lines:

 

I am looking for a new bank account to have my salary paid into but I have some particular personal circumstances that I need to discuss to find out if you have a product you can offer me. She asked me to go through it.

 

I explained that I had recently been refused credit (remortgage with Halifax) and applied for my credit file to find a default there.

 

I explained that I would be disputing this default and that it was for £67 pounds which would be settled in July.

 

I explained that I had yesterday applied and been approved for a secured loan. I summarised by telling her that I therefore have two credit searches in the last week on my file (one from yesterday) and a default.

 

She told me that they have a basic account I could apply for and asked me what type of account I had at the moment and who with. I told her I had a current account with Nationwide. She told me that they wouldn't really offer me a basic Nat West account when I already have a normal current account. She asked me why I was leaving Nationwide and I explained that I had a bad month and since then have been on a downward spiral etc (as above para marked *.)

 

She said that as I had suffered bank charges they wouldn't be able to help me as I would need to provide 3 months worth of previous bank statements and as soon as they see bank charges it won't get accepted.

 

Anyhow, when I went to the Co op I told them same as above. The lady I spoke to said all banks offer a basic account so I mentioned that Nat West had an issue with bank charges. The lady seemed surprised and said that must be their own criteria then. Co op were very positive and I was pleased that there is a debit card with that account (no cheque book though). I went through the application by phone and was told that as I am 'new to bank' it will get referred for credit/fraud checking etc and I can ring Tuesday for progress.

 

Don't worry, I have no record of fraud. The reasons that I was 'caving in' are as subsequently stated - was worried about the hardship levels I could suffer when I noticed N/wide were turning nasty with others and thought I would not get credit anywhere so would be stuck with them or no bank at all. Didn't originally want to post that as I thought it might influence others the wrong way (as similar postings did to me). I didn't receive a reply to that post anyway unfortunately (except for a show of support from Coffindodger, a mate I have on here) but in future I will, as you suggest, just put stuff out here as it seems it is all relevant and useful.

 

Anyhow, I can't tell you how much I appreciate your assistance over this. I have gone from total panic/desperation to feeling a whole load more positive.

 

Fingers crossed, (everything crossed).

 

Oh my god nationwide are on phone again - robotic voice - but somehow line has gone dead - what the hell are they doing.

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Andrea, this is a shocking story. I can't offer you much in the way of advice but I do want you to know I am here if you want to talk to anyone. We are having problems with Nationwide and I have found their treatment of us indefensible. Not that they have tried the defend it mind, they just carry on regardless as you have also found out.

 

I can only say that I have found the only way to get out of this situation is to fight. You have a great team behind you here that is many times bigger than any at the Nationwide. We are all here to help and support. I'm only sorry I didn't see this thread before.

 

Please don't get too panicked by them. If you have a problem put it in the thread and someone will reply even if it's only me or J2B and those you have spoken to already. The claim in court is simply a case of taking the first step. After that you feel liberated. I am about to put our claim in against Nationwide so we can do this together in a cyberspace sort of fashion. If you want to talk privately just sent me a pm.

 

Good luck with this. Hope it didn't spoil the school play - your kids are worth much more than any scummy bank and you should compartmentalise them under the title 'not worth the bother!'

 

Keep the faith

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Andrea, Jonni's advice is absolutely spot on so far.

 

I'll just add one thing that might have got overlooked: When you start you court claim, you may well be exempt from paying charges anyway.

 

Look here:

 

http://www.hmcourts-service.gov.uk/infoabout/fees/exemption/exemption.htm

 

and check if any applies to you. If it does, and you're too strapped for money, you might be better off filing through your local court so you don't have to pay upfront.

 

.

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Joneshousehold - thank you so much for your kind words and offer of support which is most welcome, I can't recall the exact details but I think I am familiar with your own thread on Nationwide's horrendous tactics.

 

Bookworm - thank you also, I have had a look at the link and I will look further to see if I check out. V. helpful.

 

Both your postings actually brought a lump to my throat. The world is not so bad after all (though I know that really). x

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Nationwide on phone right now (robot should I say)

 

says £539 over limit and due immediately. This is out of date information as my WFTC went in today so I selected the option that a payment has been made. Which is true to a degree.

 

I have sent them a letter and on line message regarding this. Surely I am within my rights to not have to communicate with them in this manner which is restrictive and intimidating.

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You might wish to use this letter Andrea........

 

***************************************************

 

Your Street

Town

City

Postcode

 

DATE HERE

Bank Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing to express my serious concerns regarding both the quantity and frequency of telephone calls that I have received from your company.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I am now formally requesting that all further correspondence be made in writing only.

 

I demand that these phone calls stop immediately. I am now familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts.

 

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

 

You will be deemed to have been served notice of my request no later than 2 working days after postage and I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence. (Even if you don‘t yet have recording equipment!!)

 

Yours faithfully,

 

 

NAME HERE

 

*******************************************************

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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