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    • Sorry to hear about the "playground insults".    The fact you didn't write "without prejudice" means the letter could be produced in court, not that the PPCs ever seem to do so.  Well, so what?  Minister Baywatch HAVE made up fictitious charges.  Courts HAVE told the PPCs off for this numerous times.  DDJ Harvey DID go ballistic about this.  I don't' see what's wrong in refuting a claim and referring to a persuasive court case to back up your position. 
    • Thanks Dx. I have tidied the defence up with your suggestions amended. Does it look right now? Thanks!   1.    Monies due under current account facility xxxxxxxxxxxx. The claimants claim is for the balance outstanding under the facility provided by Halifax to the defendant. It was a term of the bank account that any debit balance would be repayable by the defendant in full on demand.   2.    The defendant has failed to repay the amount due following the service of a demand.   3.    The debt was assigned to the claimant.   4.    The claimant therefore claims 1. 5k 2. costs   Defence   1. The Defendant contends that the particulars of claim are vague and 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.     2. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.    3. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.   4. Paragraph 1, Whilst I accept that I have in the past held a current account with Halifax Bank Plc. I have not serviced this account since 08/07/2016 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Halifax Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.    5. Paragraph 2 is denied as the original creditor has failed to serve a Notice served under 76(1) and 98(1) of the CCA1974 Demand / Recall Notice and the Claimant is put to strict proof to evidence any breach.    6. Paragraph 2 is further denied as i am unaware of Halifax Bank ever providing me with a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand / Recall Notice and Notice of Assignment.   7. Paragraph 3 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   8. Paragraph 4 is denied. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.   9. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:-.     a. Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on. b. Provide a breakdown of their excessive charging/fees levied to the account with justification. c. Show how the Claimant has reached the amount claimed. d. Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   e. Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.   10. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the *******. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.     11. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • MPs are pushing authorities to respond to allegations of potential fraud at certain banks, whereby it’s claimed home repossession documents weren’t actually signed by the authorised signatory View the full article
    • Thanks Dx. Amended defence set out below. Does it look right now?   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. The Defendant contends that the particulars of claim are vague and 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.     2. 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.     3. Paragraph 1 is denied. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is denied. I am not aware of any payment terms for the stated agreement.     5. Paragraph 3 is denied. It is denied that Cabot Financial served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.   6. Paragraph 4 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served by either the claimant or the original creditor.     7. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. 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 82 A of the Consumer Credit Act 1974     11. 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'm generally convinced that there is at least 2 users on MSE that's in my thread that has friends or family or even themselves that have similar line of work to MB or Gladstone.   I don't mind different opinions but they're just throwing out playground insults to me for using that letter saying I'm stupid, prat, idiot etc etc for doing it and not including in the letter without prejudice so it can't be used against me in court. I think I'll leave MSE and just stick with CAG and in this case.    
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    • 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!
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Mullin V Nationwide, refused, what next


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Hi, my 1st post here and im not sure if my case is going well or not...

 

I have got to the stage of threatening legal action using the letter templates and have just recieved a letter from NW stating that i had agreed to the terms and conditions upon opening the account and that if im not happy to take it up with the Financial Ombudsman Service.

 

What do i do now, order the small claims pack?

 

Many thanks.

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Guest ChloeJane

Hi there!

 

You are doing just fine if you have got to this point - so confidence for the next!

 

You can order the pack, or you can do it online its that simple.

 

If you are filing through your local court on the N1 format, then the links below should see you through the process.

 

The first link is the template form found here -

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

You will need a fresh N1 form here -

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

It opens as a PDF document and can be edited online. Saves ordering the pack.

 

Hope this helps and any problems post back !

 

CJ

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Hello twdmullins!

U do not make it clear which Template Letters U have already sent??

Both the Preliminary Letter + Letter before Action mention that the Claimant will proceed to Court unless he/she receives a satisfactory reply.

The letter that U seem to have received from Nationwide is just a standard "Fob-off" letter.

The "Small Claims Pack" does NOT have to be purchased to proceed a Claim.

However...

It does contain some useful info and further reading that some Claimants may find invaluable and can add to a Claimants all round knowledge of the Small Claims legal process.

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Thank you for the replies so far. My last letter was as follows;

 

This letter is in reference to my earlier claim for £**** made 27 march 2007

I have not received a satisfactory response to my earlier request for charges which I believe were unlawfully applied to my account.

Under the Unfair Terms in Consumer Contracts Regulations 1999, charges must reflect administration costs and cannot be punitive.

The £**** charges are unlawful as they do not reflect the true cost of going into an unauthorised overdraft. As a result, I intend to claim the full amount plus interest and court fees through the county court.

I look forward to a full response to this letter within seven working days, otherwise I will commence court proceedings.

Yours faithfully,

 

 

 

So am i correct in thinking i need to fill out the small claims letter now? Also if i am to do that there are two courts in Southampton and im not sure which to use...Southampton Magistrate Court or Southampton Combined Court center.

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...there are two courts in Southampton and im not sure which to use...Southampton Magistrate Court or Southampton Combined Court center.

A Small Claim needs to be filed @ a County Court or via MCOL.

How to make a claim

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Well that is the claim completed online, i hope the address was correct as the check option failed, i used the address on the letter they replied to me with;

 

Member Service

Nationwide Building Society

1st Floor, Old Building

Kings park Road

Moulton Park

Northampton

NN3 NW6

 

(hope its not against forum rules posting that)

 

Well fingers crossed and i will update when i hear something, how long should i wait?

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Hiya Twdmullins,

 

I can't find the link to the address right now, but I think I used Swindon. I wouldn't worry about it too much, They can request another address to be used on their Acknowledgment of Service which will probably arrive within the next week, following the Notice of Issue

 

Good luck with your claim.

 

K.

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

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...i hope the address was correct as the check option failed, i used the address on the letter they replied to me with...
The CORRECT address to use on the N1 Form or MCOL is Nationwide's REGISTERED Address...

 

#3 of the following link:

http://www.consumeractiongroup.co.uk/forum/nationwide/74992-nationwide-contact-information.html

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Hi MTM,

 

I knew if anyone could find the link for the address it would be you. :rolleyes::)

 

I used the registered address in my claim, but they asked that another address be used for all correspondence on the Acknowledgment of Service. How strange. :confused:

 

I never questioned it, and it never affected my claim anyway.

 

K.

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

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  • 2 weeks later...

Ok, I have just had Notice that Acknowledgment of Service has been filed sent to me and NW has ticked the box that they will defend all of the claim, im not holding out much hope of winning this one now.

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Hi mullen, nationwide always defend their claim, i won a case in march which they said they would defend but they paid up before the 28 days was up, this is just another stalling tactic nothing to worry about. best of luck x

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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Hi mullen, nationwide always defend their claim, i won a case in march which they said they would defend but they paid up before the 28 days was up, this is just another stalling tactic nothing to worry about. best of luck x

 

 

Fingers crossed i hope i get the same result, out of curiosity how many days did you have to go before they paid up...just so i can keep a rough time scale.

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Hi mullen, on my last claim they paid up 25 days after filing at court, but not on this claim they seem to be taking it to the wire now but i hope not to wait much longer.

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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Hello twdmullins!

Ok, I have just had Notice that Acknowledgment of Service has been filed sent to me and NW has ticked the box that they will defend all of the claim...
Here's what to expect next (10 pages)...

 

The defendant disputes all or part of my claim

 

 

 

...im not holding much of winning this one now.
???...I don't understand???

Is it a dialect of Swahali??

No...hang on...

I THINK I can just recognise a trace of an ancient Indo-European twang and can pick out the odd word?!

 

Try this...

...im not holding much of winning this one now.

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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  • 4 weeks later...

Congratulations twdmullins!!!

 

http://www.consumeractiongroup.co.uk/forum/nationwide/98915-mullins-nationwide-i.html

 

Does my last Post now mean that I can officially put 'Linguist/Translator' on my C.V.???...lol...:D

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Congratulations twdmullins!!!

 

http://www.consumeractiongroup.co.uk/forum/nationwide/98915-mullins-nationwide-i.html

 

Does my last Post now mean that I can officially put 'Linguist/Translator' on my C.V.???...lol...:D

 

LOL, these banks do push you to the limit sometimes and test your nerves, could not have done it without the help from here :D

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hi and congrats, feel like i will be one that doesn't get anything at the mo! how long did you wait b4 they put in a defence, have acknowledged my claim which was deemed served on the 29th may but so far no defence, also does anyone know if i count the 29th as day one of the 28 days? cheers

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hi and congrats, feel like i will be one that doesn't get anything at the mo! how long did you wait b4 they put in a defence, have acknowledged my claim which was deemed served on the 29th may but so far no defence, also does anyone know if i count the 29th as day one of the 28 days? cheers

 

 

I felt i would get nothing like you, then the letter arrived saying that they would defend everything a few weeks later, fear not, they are all delaying tactics and they cut it fine, next thing i know is there is a letter on the door mat saying they have paid up in full along with court costs.

 

I felt like giving up especially when they said they would defend....just hang in there, you will get your money :)

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hi and congrats, feel like i will be one that doesn't get anything at the mo! how long did you wait b4 they put in a defence, have acknowledged my claim which was deemed served on the 29th may but so far no defence, also does anyone know if i count the 29th as day one of the 28 days? cheers

:oHI LESLEYAWASH.

KEEP ON WITH YOUR CLAIM AND DONT LOSE HEART...

NATIONWIDE DEFENDED MY CLAIM THE DAY AFTER THE 28TH DAY AFTER I HAD FILED FOR JUDGEMENT BY DEFAULT THAT WAS YESTERDAY!!!!!

TODAY THEY PAID £3320 INTO MY ACCOUNT A BIG SHOCK.

THEY STILL OWE ME £1004 SO I'M STILL PURSUING THAT TO THE END IF THAT BE IN COURT THEN SO BE IT

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