Jump to content


  • Tweets

  • Posts

    • sorry I have been confused by Statute Barred meaning. I thought with Statute Barred the debt cannot be chased 6 years after you have stopped paying.  Originally I set up a payment arrangement with all the companies around 2008 when things went horribly wrong. At that time the payment arrangement was with the original creditors.  I still have one of the original creditors who I pay each month (Cap1). I thought that if you make a payment arrangement you have to stick to that situation throughout. Also, MDR (Moorcroft) have been taking a monthly payment on behalf of M & S Bank for about 5 years. When I sent MDR a CCA request I got a copy of the original agreement sent to me directly by M & S Bank about 5 weeks after my CCA request. Sorry for my ignorance but would you suggest I stop paying all including Cap1 who are the original creditor? TIA
    • London1971 without divulging too much into his mental health he has issues regarding anything to do with government and so is it ok to fill the forms provided and what do I put on there  thanks  
    • Dear all, I am hoping for some advice/guidance on this matter. I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons: 1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation. 2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship. 3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term. I also added the following: Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances. I hereby request that your institution: 1: Conduct a full investigation into my claim of irresponsible lending. 2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence. 3: Cease all collection activities related to the loan until this matter is resolved. Yesterday i received the attached reply via email and it included: 1: The Original Loan agreement 2: An account statement 3: A copy of a default notice letter. The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply. Any thoughts appreciated   Email-compressed.pdf
    • Easy to set one up on Gov.uk , search on Google.
    • Hi London  he doesn’t have government gateway. Should we do it via post?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Kitesurfer v Nationwide


KiteSurfer
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6171 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Only joined the forum yesterday, and had already sent my S.A.R - (Subject Access Request) letter on 11-04 with info from watchdog.

 

Today I disovered I had made an unfortunate oversight.. I forgot to sign the letter - DOH :evil:

 

I got a reply from nationwide with multiple options for reasons they have not been able to comply with my request (no doubt i will find out all about this when i read this forum in mo).

 

The selected one was 'You have not signed the request' which means I have failed to supply them with sufficient authority.

 

I read through the rest, and discovered that I have also made the cheque payable to 'Nationwide' rather than 'Nationwide Corporate Account' followed by my name.

 

So I suspect that if I had just signed and returned the letter I would have received my cheque back in around another 40 days with more apologies for not being able to assist me due to my own incompetence - nice.

 

As it happens, what i will now do is check this forum before completing my new letter (which will now request ALL statements held for my flexaccount as well as ALL statements for my now closed credit card), cancelling the original cheque, and supplying a new cheque for £10 to cover both accounts, made payable as they require. :)

 

I have had my flex account for 18 years and got really hammered in the early days, I have noticed successes in claiming for as much as 13 years in the forums so will be taking my time to see how far back I can go.

 

Typically I think I binned a bag of statements a couple of years ago.. but still have some left. Anyone know how long they hold records for? I will check around, im sure the info is here, its really cool to have the support and info on hand.

 

I cant wait to join in with getting back what they have taken.. I just need to take more care :oops:

Link to post
Share on other sites

Thx MilkTrayMan,

I have just had a look at that thread and will keep an eye on it

 

I do have a query - on the letter they sent me it indicates they are expecting the cheque to be made out to 'Nationwide Corporate Account' followed by my name.

 

Does this matter?,

will/can they reject a cheque just made out to 'nationwide building society'?

Link to post
Share on other sites

Hi KiteSurfer!

...I do have a query - on the letter they sent me it indicates they are expecting the cheque to be made out to 'Nationwide Corporate Account' followed by my name.

 

Does this matter?,

will/can they reject a cheque just made out to 'nationwide building society'?

The subject of WHO to make your P.O./Cheque payable to, when sending off your S.A.R. to Nationwide, was discussed several months ago in the following Thread...

http://www.consumeractiongroup.co.uk/forum/nationwide/57493-morris-owner-nationwide.html?highlight=morris+minor

 

FWIW...

I personally made my P.O. out to "Nationwide Building Society" and received my S.A.R. within the 40 days time limit, without the need for me to further send off another P.O., even though they had initially sent me a similar letter to yours re: Corporate Account etc etc.

 

Other Claimants have made their P.O./Cheque payable to "Nationwide Corporate Account - Claimants Name" and still received their S.A.R.

 

So, it's up to U really?!

Link to post
Share on other sites

Hi Kitesurfer,

 

I avoided all confusion with cheques/P.O. by taking the letter and £10 in cash to my branch where they politely wrote out a receipt and siad they would send it to head office, I received my statements well within the 40 days allowed. Now at Court Stage having only received one reply after the initial request for payment so waiting to see what their next move is. Good luck with your claim.

 

Regards

McWills

Link to post
Share on other sites

Nice move..

 

I made the chq out to the corprate plus my name and will see how it goes..

sending recorded delivery tomorrow for ALL my statements and credit card.

 

Good luck with yours too - have you got a thread I can watch

Link to post
Share on other sites

Hi KiteSurfer!

...for ALL my statements and credit card.
If U have followed the Site's advice and sent the S.A.R. Template Letter, U are asking for "a complete list of transactions and charges", this is NOT the same as specifically asking for just Copy Statements.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

There has been occassions where a complete "list" is all that a Claimant has received from various Banks.

 

Obviously this "list" MAY be supplied by sending U Copy Statements, but in my case, for my Personal Loan details, Nationwide sent me computer gobblygook transaction printouts that took quite a bit of deciphering.

Link to post
Share on other sites

Proof of delivery 21/05

Exciting isn't it?...lol...:)

Try to use the time that U are waiting for your statements etc productively.

 

Read, re-read and then read some more, all of the various Threads on this site, including those in other Bank's Forums, so that U get a general gist of the WHOLE Re-claiming procedure.

 

A good place to start is with all the 'Stickies' that have been posted, then U can progress by going through the 'Successful Claims' etc

 

Nationwide have 40 days to comply with your S.A.R.

Link to post
Share on other sites

LOL - i'm all fired up but know they will wait out the full 40 :wink:

 

I have directed quite a few mates to the site, but get the impression they will only take an interest once i've been paid out..

 

I looked around for some old NW statements and found about 1 years worth - in one month i had over £230 in charges!! :eek: and that was after they had refunded me £50 worth... I had forgotten just how bad it was!!

:mad: GRRRR....

 

Still it just makes me feel even better to be working at getting it back..

:lol:

This site makes it so much easier, being able to see where other people are, and all the support is top!

 

I've been looking around quite a bit, trying to find out about claims for more than 6 years. Also want to get my head round the whole going to court bit, so I am prepared.. like u say - i'll have plenty o time

 

I also have just sent my preliminary letter to natwest, so at least I will have something else to do in 14 days on that one..

Link to post
Share on other sites

Cheeky gits....

rather than signing and resending my original letter, I used the preliminary letter from above, and sent them a new cheque (just to be sure they could not complain about the payee)

 

I only resent the preliminary letter on the 21st and just phoned Natwest to cancel the original £10 chq to nationwide....

 

Only to find Nationwide have already cashed it on the 04/05.. 14 days BEFORE they returned my request!!

Link to post
Share on other sites

  • 3 weeks later...
  • 2 weeks later...

Finally received some statements (only 6 years worth).

Done my sums, and from the statements received, my charges account for almost the whole of my overdraft (if I include the interest paid on those charges the total accounts for more than my OD).

 

I am not happy about them forcibly reducing my overdraft, especially as I now know that is is entirely due to unlawful charges, I feel that it is unjust, and that they are only doing this because I am making a claim.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...