Zubo vs Nationwide (Credit Card)

[zubo]

Hi All

 

Bit late posting this.

 

Sent covering letter placing account in dispute because of unlawful penalties and requesting info for me to investigate before I resume payments.

Sent SAR with £10, Sent CCA S77-79 request with £1 (see seperate thread if you are interested or pm me).

 

9 days later get a collections letter demanding payments - I have responded referring to my letter.

 

[zubo]

Yesterday got letter from Mrs Sarah Green telling me that account has been suspended, facilities withdrawn and attaching a default notice.

 

I have replied back stating that Nationwide is in Default, they cannot now enforce any aspect of the agreement, they must comply with my requests. This includes not even considering defaulting me since to do so is unlawful.

 

Also reminded them that the clock is ticking on my SAR.....

[zubo]

Nationwide sent me a compliments slip and a nice copy of an 'alleged' agreement. Same day also received KPR DCA letter CC101 weve been instructed to collect debt.... yummy breaking rules all over the place.

 

My reply:

 

Thank you for your photocopy of my application for a Credit Card dated 13th Feb 2004 received 16th March 2007 I will retain this in my file as evidence in the event of litigation. Unfortunately this application does not satisfy the requirements of S78 of the Consumer Credit Act 1974 and I suggest that you refer to your legal department to explain why it does not.

I would therefore repeat my previous response. You have not responded to my lawful requests under the Consumer Credit Act 1974 and are in Default. You are reminded that under Section 78(6) (a) The creditor is not entitled , while the default continues, to enforce the agreement and (b) if the default continues for one month the creditor commits a criminal offence.

Whilst you are in default you are also reminded that I have not provided you with any consent to notify any third party regarding the conduct of myself and this agreement and any attempt to do otherwise would be construed as a violation of my rights under the Data Protection Act.

Once again I would remind you that I have still not received any information to my lawful request for a full Subject Access Request sent to you at the same time as my CCA request and which requires to be provided within strict timescales defined in the Act. Failure to do so would again be a violation of your obligation under the Act and I would seek full remedy.

The application form shows my request as dated 13th February 2004 and yet my current Credit Card was re-issued for use from the 09/05. When this card was re-issued you failed to comply with Section 85 of the Consumer Credit Act 2004 and therefore you are in default.

For your benefit I will restate the Act:

85(2) If the creditor fails to comply with this section –

(a) He is not entitled, while the default continues, to enforce the agreement

(b) If the default continues for one month he commits an offence.

You are therefore in default under both sections of the Act and it is my intention to report your offences.

I have copied in KPR your debt collection agency since they should never have been passed any of my personal data – I have NOT given consent. I expect KPR to remove my details from their records and confirm that fact to me and I expect Nationwide not to undertake any enforcement action without full compliance with the Act and to confirm that they have not shared my data with any third party. I am afforded Principled Rights under the Data Protection Act and I can assure you that I have not given consent within a fully executed agreement. Any offered within my application I now formally revoke.