Jump to content
  • Tweets

  • Posts

    • It does and we should be so much better than this.  Anywhere but here and the guillotines would have been set up.
    • There's so much money not accounted for over contracts for PPE, nearly all awarded with no tender process or competition. Jolyon Maugham's Good Law Project is trying to get information.   The Byline Times is digging into it too and has quite a few articles now.
    • Thanks again DX. I've uploaded the pages which they sent. Signed Agreement is two pages and this is the agreement I've actually signed. I've uploaded two pages which they also sent but this seems like it might just be a general agreement or something, I'm not totally sure.   Also the quality is not great, I'm not actually sure if youll be able to read this but that's because the copy they have sent is actually poor quality and a slight struggle to read to be honest. Not sure if you will be able to zoom and be able to read it. If not possible I'll try scan them again and see what I can do but not sure I'll be able to get it any better. Signed agreement Page 1 & 2.pdf Other Agreement.pdf
    • What are the exact particulars? The letter I sent in the post I sent recorded delivery but I don’t have a copy, the legal letter is the letter above 
    • Please can you post the exact particulars of claim. A PDF copy would be preferred. Also, please could you post a copy of the letter of claim which you sent. A PDF copy would be preferred.  
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Stunning victory against Nationwide


Please note that this topic has not had any new posts for the last 5190 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have just returned from court where I finally managed to kill off Nationwide's case against me.

 

In March last year I wrote to them refusing to pay off my overdraft of £1500 because of their excessive charges. Eventually they sued me for it and I used the unfair penalties argument as my defence.

 

When we got to the first hearing Nationwide's lawyer announced that they were walking away from it, with no expenses due by or to either party. Much to everyones surprise, I refused to settle the matter on that basis because it had come to my attention that they had Defaulted me, in clear breach of The Banking Code. At this stage Nationwide refused point blank to even entertain the idea of removing the Default, stating that they had a legal obligation to 'accurately' record my lending history.

 

There then followed several hearings at which they tried to persuade the sheriff to force settlement on their terms, and during which I steadfastly stuck to my position and did not deviate from it by so much as a milimetre.

 

As we moved into 2006 their position changed and they agreed to remove the Default, but only if I paid about half the overdraft. Again I refused, but since their offer to remove the default had been written in such a way that it appeared to be unconditional, the sheriff forced them to honour it. I'm not sure if this was their intention or not, but the upshot was that I got an interlocutor (court order) requiring the removal of any prejudicial information they may have passed on to third parties. The sheriff continued the case for four weeks for them to remove the Default, after which we would talk about financial settlements. When we got to the hearing this morning their lawyer announced that they were dropping the entire matter and walking away.

 

In summary. Nationwide sued me for the recovery of their overdraft. I defended on the basis that a large part of it was made up of unlawful bank charges. End result: I went from owing £1500 and having a Default registered against me, to owing nothing and having a clean credit file again. Result.

 

Discussion.

This surely makes it a high risk strategy for the bank to sue anyone to recover an amount owed on either a loan or an overdraft. If the person has racked up bank charges over the years, then there has to be a good possibility that they can make the whole thing go away by using the same strategy as me. Anyone got any thoughts about that?

  • Haha 1
  • Confused 10

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Link to post
Share on other sites

My only thought is that sheer determination and bravery won the day. Good result, and a great confidence booster for everyone else on the site. Well done. :cool:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

Link to post
Share on other sites

Great result - many congratulations for fighting this!

..

.

 

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.

 

 

Link to post
Share on other sites

Fantastic Result & good for you for sticking to your principles

Barclays - £4k - Hearing Date 19th Sept 06

Smile - £370 - Refunded in Full

Capitla One - £100 LBA 25/5

Virgin ? Data Protection Act 25/5

Link to post
Share on other sites

Thanks for the kind comments. I'm actually quite used to fighting my corner in court, so I wasn't too handicapped by the intimidating atmosphere which you often find there. I am pleased that I no longer have to put up with the disdainful looks from the lawyers in the court, who seem to resent a layman coming in and taking them on on their own turf. (and winning).

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Link to post
Share on other sites

hahahahaha...love it!! They do think they're above the law don't they? Jeez!! When will they learn!!! At least you haven't been slapped with a gagging order so you can now shout this from the rooftops eh! :rolleyes:

Link to post
Share on other sites

I don't know what their bill will be for all this, but Nationwide were using a big Edinburgh law firm, and they subcontracted to a local law firm, so assuming say £1500 per hearing (x5), plus all the case work, they must be looking at a bill of about £12k. Just as well I didn't lose, as this was not Small Claims!

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Link to post
Share on other sites
Guest Lueeze

Geez you risked alot then!

 

Very lucky, well done you!

 

I dont think the average person would risk owing that sort of money in cost's though!

 

Lou xx

Link to post
Share on other sites

Not really, they were desperately trying to extricate themselves from it from the start. A lot of the delays were down to their innefiency, so it's pretty unlikely that the Sheriff would have awarded them all their costs anyway. Also, in Scotland charges are laid down in a tariff set by the Law Society of Scotland, so it's possible that regardless of what it cost them, they would only be able to claim the going rate. If I'd thought for one minute that I could get hit with 12 grand worth of costs I wouldn't have gone near it (probably).

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Link to post
Share on other sites
Guest Lueeze

Ahh got ya! Phew thats okay then!

 

So pleased, It just spurs everyone else on more when good stories come along!:D

Link to post
Share on other sites

That is utterly fantastic!

 

Mould you mind if I passed your story to the BBC reporter who wrote today's article - I won't mention names and if you are agreeable pass your email to him directly?

 

I think this would publicise the fact that the banks 'know' that what they are doing is unlawful.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

------------

Link to post
Share on other sites

Great post sir, knew it would make good reading.

 

Have a reputation on me.

If the name of the claim is blue and underlined, click it to see how I did it.

  • Halifax - 1st Request for £3748.80 sent 10/06 Settled in full and 5% donated


  • Goldfish - Unable to comment further, have a read


  • Lloyds - Data Protection Act sent 19/04 1st estimated request for £1500 sent15/08 LBA sent 08/09


  • Carphone Warehouse - Data Protection Act sent 19/04 Chased 04/07 ICO complaint 18/07


  • First National - 1st Request for £280 sent 05/05 Settled in full and 5% donated


  • Yes car credit - LBA sent 19/07 Court Action launched 26/09


  • HFC Bank - 1st Request for £100 sent 06/06 Settled in full and 5% donated


Like what I said? Hit the scales on the top right of my post. Cheers

 

Disclaimer - By giving advice, I am not putting myself across as a legal expert. Always seek professional advice.

Help the site, donate 5%, I have.

Link to post
Share on other sites

Thank you very much!

  • Haha 1
  • Confused 1

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Link to post
Share on other sites

Wow - what a fantastic victory, congratulations! :)

 

It's food for thought in terms of a strategy for taking banks on when there is debt outstanding too......hmmmm..........

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

Link to post
Share on other sites

Absolutely. I guess you could say that I set a trap for them, and they walked right into it. I knew for a fact that their procedures would automatically lead to court action, especially, since I refused even to discuss paying back the overdraft. Every letter they sent demanding payment was replied to with "Dear Sirs. My position remains as stated in my letter of xxx". Once they had served me with a summons, as far as I was concerned, the case was over. I knew they would try to drop it as soon as they saw my defence, and that I would then be in a position to insist that they remove the Default first, which has been my primary goal all along. As far as I'm concerned a clean credit file is infinitely more valuable than a couple of thousand pounds on an overdraft.

 

Actually, looking back it seems a bit convoluted, but at the time it was the only way I could see to both recover the charges and remove the Default.

 

Mind you, I'm glad to get shot of it, it was becoming quite tedious.

  • Confused 1

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Link to post
Share on other sites

Wow! I'm so impressed, what a great story!!

If I end up needing to go to court (Kirkcaldy) would you go with me??

Halifax acc 1: 1st request letter sent 20/4/2006

LBA sent 27/04/2006

1st action filed Kirkcaldy Sherriff court 03/05/06

 

Halifax acc2 (closed): 1st request sent 03/05/06

LBA sent 11/05/06

Capital 1: 1st request sent 11/05/06

Link to post
Share on other sites

Certainly, if it happens (unlikely), send me a PM.

  • Confused 1

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Link to post
Share on other sites

Excellent result. Against Nationwide as well!

 

Was your defence just that the charges were unlawful and that Nationwide had been inefficient?

 

I can't believe how similar this is to our story.

Link to post
Share on other sites

My defence was quite simply that the value of the charges plus interest had to be deducted from the overdraft. They decided at the first hearing that they didn't want to pursue the matter and tried to walk away from the whole thing. I wouldn't let them until they fixed my credit file. Which is now being done.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Link to post
Share on other sites

This is a totally awesome result - especially encouraging as I'm chasing N'wide too at the moment - just brilliant stuff!!

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

Link to post
Share on other sites

Please note that this topic has not had any new posts for the last 5190 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...