Carpworld V Nationwide

[carpworld]

Hello everybody

After reading posts on this and MSE site i decided to try and get my charges back from nationwide, i have three accounts that i want to claim back charges, two joint and one sole account. my ex is doing one of the joint accounts.the other joint account that i am doing is now at the court stage nationwide have defended claim and they have until 05/07/07.

Its very daunting when you get all the legal paperwork frightening even and as i said nationwide have said they are going to defend claim. All three of these accounts are with a debt collection agency so my understanding is that if/when i get my charges refunded they will go straight to the debt collection agency to help pay off my debt is this correct i am happy for this to happen, but can i get my court costs and data protection cheque paid back to me and maybe the interest. I would like any feedback anyone at the same stage and can anyone answer my question.

The sole account i have i am waiting for statements from nationwide they have cashed cheque so hopefully i will receive them soon

 

Cheers

 

Andy

[MilkTrayMan]

...my understanding is that if/when i get my charges refunded they will go straight to the debt collection agency to help pay off my debt is this correct i am happy for this to happen

Don't be so quick to assume that a DCA has a legal right to YOUR money!

 

A DCA can either be acting as a collecting agent for it's client, to whom U owe a debt to, or else the DCA has legally bought the debt from the original creditor and has been assigned all the rights and obligations that the original creditor legally had in the contract that it held with U.

 

If U sent the DCA the Template Letter from the following link (...Letter 'N'), along with a cheque/P.O. for the statutory fee of £1, this will help U establish the DCA's credentials.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

If the DCA is only acting as an agent, it will usually pass the debt back to the original creditor.

However, if the DCA has bought the debt, it has certain obligations under s77/78 of the Consumer Credit Act 1974...

To provide U with a true copy of the original signed credit agreement on request.

To provide U with a copy of the 'Deed of Assignment' between itself and the original creditor, to prove to U its right to collect money from U for the original debt.

 

If the DCA fails to comply with your CCA 1974 Request within 12 working days, the DCA goes into Default.

This means that U have a Bona Fide reason to withhold any further payment to them concerning the 'alleged' debt until such time that they comply with your Request.

 

If, after one further calender month from the date of the DCA being deemed to be in Default, the DCA still hasn't complied with your request, the DCA commits an offence + the debt then becomes 'unenforceable'.

 

If the original creditor has sold the original debt to a third party DCA, U are entitled to ask the original creditor to refund the Penalty Charges etc, that U are Claiming from them, directly to U as part of your conditions of acceptance for U to consider that they have Settled your Claim in Full.

 

This is important, as it has been known for a Bank to pay your Refund directly to a DCA, who later, the Claimant found out (...AFTER they had informed the Court that they had been paid in Full), didn't have any legal entitlement to that money.

 

There are examples of Claimants taking DCA's to Court for the return of monies inadvertently paid to them concerning an 'unenforceable' debt + NOT recovering said monies.

This is certainly something to bear in mind + to try to avoid in the 1st place if at all possible/applicable!!!

 

There are many Threads that cover the intricacies of this subject in the 'Debt Collectors + DCA's Forum'...

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/

 

 

 

 

...can i get my court costs and data protection cheque paid back to me and maybe the interest...can anyone answer my question.

WHEN (...note not IF... ) U win your Court Claim, U will be entitled to be reimbursed for these cost from the Nationwide + these figures should be added to the Total Claimed.

[carpworld]

HELP needed Nationwide had until 05/07/2007 to post defence, i have heard nothing from the court or solicitors regarding a defence what happens now Do i need to do anything do i give their solicitor a few more days, advice needed please

[hedgey06]

I'd be inclined to give them a couple of days grace - the solicitors acting on behalf of the banks very often submit a late defence and the courts allow them to do so. Don't apply for judgement too early - the solicitors could apply for a stay giving them extra time to submit their defence........... which would drag the claim on for a longer period of time.

 

Check MCOL today and Monday............ you'll more than likely find that they do submit a defence.

[carpworld]

Hedgey06 Can i use mcol if i did paper claim in court

[hedgey06]

Hedgey06 Can i use mcol if i did paper claim in court

 

Errrrr........... no!!!!

 

Phone the court instead!!