Old Fella vrs Nationwide

[SPK]

Hi gang, i have told a work mate that i will help him try and recoup his charges that he has built up since his wive passed away, but im having a few probs and could really do with a spot of help.

 

1: We have sent letters away and are at the stage where we have the statements infront of us and have worked it all out, but when can he ask for the interest back as well as they seem to have charged him interest then that has pushed him overdrawn then they charge him more and so on and so on.

My question is how do we work it out ?

 

There seems to be so much interest they have charged him and we would really like to help him out.

 

Thanks in advance.

 

All help really appreciated.

 

Im back at work tomorrow so need info asap please guys n gals.

 

SPK

[MilkTrayMan]

Hi SPK!

If U click on the following link and read (#19) in particular, and the links contained within, it it may be of some help to U?

http://www.consumeractiongroup.co.uk/forum/general/54212-do-i-have-accept.html

Hope the link helped?!

[SPK]

Got to work today and spoke to the guy concerned he has told me that Natiowide have sent his account to a collections agency ! i asked to see the letter to see what to do next but he has sent it to the Debit Management Company that has been um "helping" him ! i rang them and they were very helpfull, but they havent recieved the letter yet....

 

What i need if someone would be so kind is a template letter telling Nationwide that the account is in dispute so i can get him to sign it and sent it off to Nationwide please....

 

The stage we are at is we have the statements and have worked out what he is owed.

 

Also, as we have worked out the charges he is owed can we send that to Nationwide then at a later stage sort out the interest that he is owed ?

 

Any help really is appreciated gang.

 

Regards

 

SPK

[MARTIN3030]

Ok has the account been defaulted / closed ?

If so the Nationwide are required to send a default notice or intention to default notice,before this occurs.

Any chance that we can have a name of the collections company/Dca to advise further as it could be their in-house collections.If it is an external collector then it is them who need to be informed that the account is in dispute and that it is believed the debt is construed either in part or wholly as a result of unlawful penalty charges.

Its a good idea to send the dca a request under the consumer credit act 1974 of a true signed copy of the original agreement with the claimant and the Nationwide.

This can also serve as a notice that the account is in dispute with the Nationwide and is likely to be the subject of litigation.Therefore as such,any further recovery action should be suspended pending that outcome.

If the account has been closed then your agreement/contract with the Nationwide has effectively ended and so has permission to further process your data with third parties.The s10 letter should be sent to the Nationwide and they have 7 days to respond.

The letters for both s10 and cca requests are in the temp letters libraries.

[SPK]

Martin, thanks for your reply, i will answer your questions as best i can.

 

1: I dont know if the account has been closed or defaulted till i get the letter back from the Debt Managment Comapny that my friend uses and sent it by mistake to them, i have rung them and they will send it asap to me.

 

2: The Debt Collection Agency they are using is Moorcroft.

 

3: You have lost me a bit on the last bit after this, sorry could you please explain a little more Clearer please..sorry having a blonde night.

 

4: I have worked out the charges that they owe him, can i still send this to them with a letter saying the account is in dispute ?

 

Thanks again Martin and please keep an eye as this is really hard work for us, we really want to do everything we can to help this guy.

 

Regards

SPK

[MARTIN3030]

I am suspicious about debt management companies as they are in it to line their own pockets further.

However; Moorcroft should be sent the cca request asking them for a true copy of the original signed agreement with the bank.They should also be informed that the alleged debt is being challenged and is likely to be the subject of litigation between the ex account holder and the bank.

There is no need to send anyone but the bank details of the figures that were charges as its immaterial to the dca.

The s10 notice is designed to stop former account issuers from continuing to adversly process personal data.

here is the link.http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

[SPK]

MDR

PO BOX 17

STOCKPORT

SK1 4AJ

 

Date 3/1/07

 

Dear Sir/Madam

 

Re: − Account/Reference Number

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

 

Further more I would like to add that the alleged debt is being challenged and is likely to be the subject of litigation between the ex account holder and the bank. Therefore as such, any further recovery action should be suspended pending that outcome.

 

 

 

 

 

 

We look forward to hearing from you.

 

Yours faithfully

 

How does this look ?

 

Thanks.

SPK

[MARTIN3030]

Yes looks fine.

I would imagine if Moorcroft are involved then the debt HAS been sold to them.

 

They have 12 days to come up with the copies.

After 12 days the debt becomes uncollectable until they do.

I calendar month after the 12 days sees the debt as unenforceable if they have not complied.

Trading standards will assist you should they further trouble you after failing to comply.

[SPK]

Hi, if the debt has been sold to them is there any point in sending the letter asking for the charges back from the Nationwide ?

Also if the debt has been sold to them can he still get these monies back ?

Now im worried.

SPK

[MARTIN3030]

If you have already asked them yo refund the charges by way of a 14 day preliminary request for repayment letter,then you can move forward to the letter before action.This gives them a further 14 days to respond positively.

I suspect that they are already awaiting this.

Give them 14 days and no more.send recorded delivery.

Moorcroft may acknowledge your letter and ask for time.

Do not under any circumstances seek to deal with either Nationwide nor Moorcroft by any other means but in Writing.

What is this debt management company ? is this an arrangement set up with the old guy ?

Is it appointed by Nationwide or what ?

Could do with more info on this please.

[MARTIN3030]

Hi, if the debt has been sold to them is there any point in sending the letter asking for the charges back from the Nationwide ?

Also if the debt has been sold to them can he still get these monies back ?

Now im worried.

SPK

 

 

Trust me I am giving you advice !!

This letter to the dca is part of a procedure that will address the actual default side.

Your claim for the return of the charges rests entirely with the Nationwide it is them who will be refunding you.

Continue your communications with the Nationwide as I indicated above.

The dca will be very aware of your plans,and this will take the heat off.

Basically you need to be addressing both of course which you are.

[SPK]

I have the letter to send to them tonight asking for the charges back.

 

Is it ok to send ? need to know as im posting in the morning if its ok ?

 

The Debt Management Comapy is Bains and Ernst.

 

As to who set it up i will ask in the moring and report back.

 

Thanks Martin

 

SPK

[MARTIN3030]

Ok get the prelim letter out asap.

I have sent you a pm which guides you through the rest of the procedure.

If the Nationwide respond before the 14 day period and say they will not be refunding then get the letter before action out then.

See if you can find out exactly what arrangements are in place with Ernst and baines this will be important to know about.

[SPK]

What arrangements do you need to know m8 ?

 

I have spoken to them and they were really helpfull and also told me to get my friend to write to them so i can act on his behalf.

 

Anything you need to know please reply or pm i will pick up before work in the morning.

Thanks Martin.

 

SPK

[MARTIN3030]

If the issues can be dealt with here then I see no reason for their further intervention,well not with these issues at least.

Is he having to pay money for this plan with them ?

As I said previously there are lots of Dm firms now that are offering chargeable services and advice that can be gained for free.

If they were really up to much then they would have instigated these procedures themselves.

[SPK]

Hello all, just to let you know where i have got with this........

1: We filled his moneyclaim for him last week.

 

Then he tells us that the account is closed so how does he get his dollar !!!!!!! help ?

 

The account was sold to Moorcroft debt recovery, will they send it there or is it worth me making a phone call to Nationwide on Monday ?

 

Cheers

 

Clint

[SPK]

Anyone ?

[MilkTrayMan]

Hello SPK!

Read #5 of the following thread:

http://www.consumeractiongroup.co.uk/forum/nationwide/63445-pickle-nationwide.html

Hopefully, Nationwide will send a cheque direct to the Claimant!

[SPK]

Hi, right we have a problem!

 

1: Nationwide have paid his charges back but......

Before they paid him back they gave the debt to Moorcroft debit recovery ( no problem) i rang them and negoiated a deal so he didnt have to pay the whole debit! like 500 pound less! they have put this in writing.

 

2: Old bloke hasnt a card for his account and goes into the branch to see how to get money and was told with no card you can draw 50 a day till your new card comes through.

 

3. They ring him today to say that he can have 500 pound but they are keeping the rest as that was his overdraft ( but they gave the debt to Moorcroft) is this illegal?

 

What do we do now?

SPK