Jump to content
  • Tweets

  • Posts

    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
    • It follows a public backlash after stores were told they could not sell items such as clothes. View the full article
    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
    • Sian Williams from Indonesia takes us through her week during the coronavirus pandemic. View the full article
    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
  • 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

Mullin V Nationwide, refused, what next


Please note that this topic has not had any new posts for the last 4876 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

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.

Link to post
Share on other sites
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

Link to post
Share on other sites

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)

Link to post
Share on other sites

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.

Link to post
Share on other sites
...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)

Link to post
Share on other sites

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?

Link to post
Share on other sites

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

Link to post
Share on other sites
...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)

Link to post
Share on other sites

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

Link to post
Share on other sites
  • 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.

Link to post
Share on other sites

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

 

 

Link to post
Share on other sites
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.

Link to post
Share on other sites

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

 

 

Link to post
Share on other sites

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)

Link to post
Share on other sites
  • 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)

Link to post
Share on other sites
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

Link to post
Share on other sites

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

Link to post
Share on other sites
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 :)

Link to post
Share on other sites
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

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...