received letter below regarding my complaint that the agreement i requested took 4 months to be sent to me , plus you cant read the terms and conditions due to blurred text. Just wandering if anybody new if what is said below is true. Thank you for your e-mail. In terms of any complaint to do with PPI being mis-sold, this is something which you have, quite correctly, referred to the original creditor. In relation to the Consumer Credit Act 1974, our client is not obliged to provide a copy of the legal agreement within the stated period as the relationship you have with our client is not the same one as the relationship you had with the original creditor. Pursuant to section section 77 of the Consumer Credit Act 1974 ("CCA") s.77(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it,… s.77(4) If the creditor under an agreement fails to comply with subsection (a ) he is not entitled, while the default continues, to enforce the agreement; and (b ) if the default continues for one month he commits an offence. Although the above suggests that a creditor has to comply with the request within one month, please note that s.77 does not apply because it appears in Part VI of the Act, which does not apply to agreements which have been terminated (Part VI is headed "Matters arising during currency of credit or hire agreements"). You are not entitled to rely on s.77 of the Act because that section is in Part VI of the Act and Part VI only applies to current agreements, whereas your agreement has been terminated. We have, as requested, contacted our client to request a better (if available) copy of your original agreement, along with statements of account both from XXXXXXX and the original creditor. We will provide these to you once received from our client. In the mean time please be aware that you are still liable for the outstanding balance and that we now need you to make an offer of monthly repayment. Should a dispute arise between you and our client, we will hold the account while this is investigated. However we can not hold the account indefinitely and without a legitimate dispute regarding the account having been raised , we may be instructed to pursue further legal action.

http://picasaweb.google.co.uk/lh/photo/PVw6iqPGVke3q8uv8nopVQ?feat=directlink thanks for letting me know

Could somebody please let me know if the attached agreement is enforceable. It took over 4 months to receive copy of loan agreement and the quality is so poor there are words that are illegible. http://picasaweb.google.co.uk/lh/photo/IpjnNdBOhOpuouKuQFV2tA?feat=directlink http://picasaweb.google.co.uk/lh/photo/9XBXYbgF5v2ai2Wl96qBmQ?feat=directlink http://picasaweb.google.co.uk/lh/photo/PVw

I am in the same situation as you , but havent reached the solicitor letter satge yet. Just wandering if you had any updates , as reading your post has been a great help to me. Thanks

I took out a fixed combination mortgage with Abbey National in 1999. Fixed for 6 years with a £2200 cashback. This was at a fixed rate of 6% + an additional 1.45% to cover the cashback. Total rate was 7.45%. In March 2003 , i had to redeem the mortage as Abbey wouldnt offer me a remortgage. I had to pay back the cashback in full , £2200. I also had to pay another penalty at the fixed rate of 7.45% for a penalty period of 300 on a balance of £35570.59 = £2178.08. There is a section saying penalty period above the 300. What I am claiming is why have i got to pay the 7.45% over the period of 300 [doesnt specify as to days or months] . I would have thought it sghould be at 6% for 72 months. Just wandering if anybody can help me out here please.

does anybody agree that the following term in my contract is misleading as to regarding my cashback. If on or before 31st Jan 2006 you redeem this or any subsequent mortgage you must repay the cashback to us unless you transfer the cashback loan to another property for the balance of the fixed rate period and the fee period. My complaint is that it does not clearly indicate that the cashback should be paid back in full. I thought it just meant that what ever the shortfall of payments that hadnt been made to cover the cashback would be charged .I feel that to take back all of the cashback when I had paid 38 months of the 72 month fixed rate period is an unfair condition in my contract. The cashback was £2200 and my fixed rate was 6% + 1.45 = 7.45% over 6 years . For me to get an erc of £2200 for cash back and 7.45% x 300 at balance of £35570.59 = £2178 as a fee , I feel this doesnt reflect the true cost to Abbey. I would appreciate it if anybody has a view on this to assist me with my claim.

ime trying to reclaim a product related charge for a fixed combination mortgage which had £2200 cash back. This was at a fixed rate of 7.45% over a 6 year period . i originally put in a request for an unfair charge as i had to pay the cashback in full despite having mortgage for 3 years 2 months before redeeming it. What I have just noticed going through old paper work is that I also had charge of the fixed rate at 7.45% for a penalty period of 300 months on a balance of £35570.59 which resulted in a charge of £2178 , surely at worst this should be for 72 months or at 34 months having already paid 38 months of mortgage term. I am still awaiting a response from Abbey regarding this , just wandering if anybody has experienced the same problem and also what chances I have of getting a refund. I am also disputing that as the rate was 6 % + 1.45% to repay the cashback , why if i have had to pay the cashback in full , am I also being charged as 7.45% for product related charge.

ime trying to reclaim a product related charge for a fixed combination mortgage which had £2200 cash back. This was at a fixed rate of 7.45% over a 6 year period . i originally put in a request for an unfair charge as i had to pay the cashback in full despite having mortgage for 3 years 2 months before redeeming it. What I have just noticed going through old paper work is that I also had charge of the fixed rate at 7.45% for a penalty period of 300 months on a balance of £35570.59 which resulted in a charge of £2178 , surely at worst this should be for 72 months or at 34 months having already paid 38 months of mortgage term. I am still awaiting a response from Abbey regarding this , just wandering if anybody has experienced the same problem and also what chances I have of getting a refund.

I am currently asking Abbey National to refund me some of the Product related Charges from my 6 year fixed rate cash back mortgage , I previously lost out on getting the refund for me having to pay the cashback in full despite redeeming the mortgage after 3 years 2 months , so would have paid back half of it. What I have also just noticed is that I have also been charged my fixed rate which was 7.45% [6% + 1.45% for cashback] , this was for a penalty period of 300 months , when the fixed rate and cash back was only for 72 months of which I had already paid 38 months. Just wandering if anybody else has had this problem and what my chances are of getting a refund

Nationwide paid back the full amount for charges yesterday 2 payments £999 £718.35 Then today I received payment of £674.87 £2392.22 in total As I went through internet company , they worked out everything for me. And my claim + interest came upto £2208. The extra cost for court and solicitor was £80 + £120 --- £200 in total. During the claim process which started back in February 1st , I have had additional charges totalling £126.32 + £21.35 due for charge frrom this month. I was wandering whether I had been refunded this + additional interest as it took nearly 5 months from start to finish. + I would receive a seperate payment for court cost + solicitor fees. If anyone elso on this forum could provide me a timescale and breakdown of their charges I would be most grateful

Toooo right. The only good thing now is that the money should have been sent to company and then they would deduct their charges and send me a cheque. Now its my turn to delay payment to them as long as i can.

Well the past few months have been hell , I was one of the few silly fools who decided to use a so called professional company to get back my bank charges , this all started way back in february 2007. Since then its been hell , with Nationwide informing me that they were not aware of a claim , the so called professional company , informing me that they had sent all documents etc, N1 FORM SENT , waited 28 days , told that nationwide claimed hadnt received it , waiuted another 28 days , still nothing , this went on for ages . Was again told that if nationwide hadnt responded by June 25th , then i would win by default. Rang nationwide june 24th , was told that they were not aware of any claim still. rang so called professional company they said nationwide had sent an intention to defend on June 5th. rang back on 25th and was told to wait a few days as still waiting for reply back from solicitor. Rang today told still waiting to hear from solicitor , I lost my temper and said whats the difficulty here , they either have put in a defence or they havent and ive won by default , was tolkd be patient it will be sorted in the end , these things cant be rushed. WELL IVE JUSTR CHECKED MY ACCOUNT FOR THE UMPTEENTH TIME , AND NEARLY FELL OF MY CHAIR WHEN I SAW 2 CORRECTIONS ON MY ACCOUNT FOR £999 AND £784. Still waiting for interest and court cost, + will also try and get back charges which had been added to account since i started process as i hadnt used account since february, so now have £124 charges on top. I HOPE I RECOVER ENOUGH THIS EVENING TO CELIBRATE AS AT PRESENT I AM STILL NUMB

From: FRL Bank Charges Team (ao@financialrecoveries.co.uk) Sent: 20 June 2007 08:08:00 var keyCode; function setKeyCode(keycode) {{keyCode = keycode;}} .ExternalClass P{padding-right:0px;padding-left:0px;padding-bottom:0px;padding-top:0px;}.ExternalClass{font-size:10pt;font-family:Tahoma;} Mr ******** Again I am unsure what letter you are referring to, the letter I received on Friday was from our solicitor informing us of Nationwide's intention to defend. Since they have told our solicitors that they intend to defend I have no correspondence from them myself. Once legal proceedings have started it is irrelevant whether their customer service team is aware of the case. Their silence can only be a positive thing as it would result in a judgement in default. Wait until 25th June before any further action can be taken. Aaron From: Sent: 20 June 2007 07:33 To: FRL Bank Charges Team Subject: RE: REF: NATIONWIDE BUILDING SOCIETY (Your Ref: ) - Our Ref 1002511 Aaron. All I want is to ensure that this time next week , I am not told that Nationwide have lost items again and that there is another delay to the proceedings , plus if this then goes to court then I will have probably another months delay before being paid up. If I am able to get a copy of the letter from Nationwide , then the manager from the customer experience team at Nationwide has promised me that she will then be able to add this to her system. She has informed me that whilst my account shows nothing on her system , then there is no way that I will be paid out. If my charges are not refunded by July 15th , then due to illness from the stress of this process, I will be in major arrears on my mortgage which will cost me £150. So this is why I am desperate to make sure thing are not delayed any further . Regards ********* From: ao@financialrecoveries.co.uk To: northdesk@hotmail.co.uk Subject: RE: REF: NATIONWIDE BUILDING SOCIETY (Your Ref: ) - Our Ref 1002511 Date: Tue, 19 Jun 2007 17:10:01 +0100 .ExternalClass P{padding-right:0px;padding-left:0px;padding-bottom:0px;padding-top:0px;}.ExternalClass{font-size:10pt;font-family:Tahoma;} Mr ****** As much as I can appreciate your concern about your claim, I can assure you that your claim is being dealt with regardless of what your bank are communicating to you. It may be that the legal claim has not entered their system yet or the court has not forwarded our claim, whatever the situation they will have to file a defence by 25th or we will receive a judgement in default. Yours Aaron From: Sent: 19 June 2007 16:35 To: FRL Bank Charges Team Subject: RE: REF: NATIONWIDE BUILDING SOCIETY (Your Ref: ) - Our Ref 1002511 Aaron. NATIONWIDE rang me this afternoon , to inform me that they have checked all departments and nobody is aware of a claim being made on my account for refund of charges. She has asked for me to send a copy of the letter sent to you on friday , so she can further investigate on my behalf. She has spoken to the legal department.... regards ********** From: ao@financialrecoveries.co.uk To: northdesk@hotmail.co.uk Subject: RE: REF: NATIONWIDE BUILDING SOCIETY (Your Ref: ) - Our Ref 1002511 Date: Tue, 19 Jun 2007 09:54:17 +0100 .ExternalClass P{padding-right:0px;padding-left:0px;padding-bottom:0px;padding-top:0px;}.ExternalClass{font-size:10pt;font-family:Tahoma;} Your bank has got until 25th June to file a defence as previously stated, at present we are using the Leeds Mercantile Court in the majority of cases but we do leave the ultimate decision to our solicitors. Unfortunately at this time I cannot give you an expected court date as there is no trend in allocation. Yours Aaron From: Sent: 19 June 2007 08:49 To: FRL Bank Charges Team Subject: RE: REF: NATIONWIDE BUILDING SOCIETY (Your Ref: ) - Our Ref 1002511 Aaron. I received a letter yesterday from your company informing me that Nationwide now have 21 days to file a defence. Does this still mean they have until 25th June , if not could you please let me know what day it is please. If it goes to court , what court do you use and how long does it normally take to get a court hearing. regards ********* From: ao@financialrecoveries.co.uk To: northdesk@hotmail.co.uk Subject: RE: REF: NATIONWIDE BUILDING SOCIETY (Your Ref: ) - Our Ref 1002511 Date: Fri, 15 Jun 2007 10:59:08 +0100 .ExternalClass P{padding-right:0px;padding-left:0px;padding-bottom:0px;padding-top:0px;}.ExternalClass{font-size:10pt;font-family:Tahoma;} Mr ******** As by coincidence after sending your email, I opened a letter, this letter informs me that Nationwide are defending the case and have up until the 25th of this month to submit their defence. Their legal department have obviously handled your case if they have filed an intention to defend. The letter is dated 11th June but has only just arrived. Please do not worry our solicitors are handling it as efficiently as possible. Aaron From: Sent: 15 June 2007 10:34 To: FRL Bank Charges Team Subject: RE: REF: NATIONWIDE BUILDING SOCIETY (Your Ref: ) - Our Ref 1002511 The lady at Nationwide asked me if I could supply names of who signed for recorded delivery items. Is it possible to have these please. + are you able send me copies of letters sent to nationwide please. From: ao@financialrecoveries.co.uk To: northdesk@hotmail.co.uk Subject: RE: REF: NATIONWIDE BUILDING SOCIETY (Your Ref: ) - Our Ref 1002511 Date: Fri, 15 Jun 2007 09:43:17 +0100 .ExternalClass P{padding-right:0px;padding-left:0px;padding-bottom:0px;padding-top:0px;}.ExternalClass{font-size:10pt;font-family:Tahoma;} Mr ****** Our solicitors are still in the process of starting legal action with your claim, this is due to the lack of competence shown by Nationwide. We have proof of sending numerous letters, the correspondence with the bank is now being dealt with by our solicitor and not us so that is why they have no record of us. I can assure you that the legal process has started and we will recover your monies, however it is a lengthy process as the bank is likely to defend and then settle. We have dealt with many similar cases so there is no need to worry. Aaron From: Sent: 14 June 2007 15:55 To: FRL Bank Charges Team Subject: RE: REF: NATIONWIDE BUILDING SOCIETY (Your Ref: ) - Our Ref 1002511 Aaron. I have just received a phonecall from Nationwide as I was promised this at start of the week and lady informed me that she had checked all my accounts and legal department and the only correspondence they have from yourselves is the request for charges back in march. From: ao@financialrecoveries.co.uk To: northdesk@hotmail.co.uk Subject: RE: REF: NATIONWIDE BUILDING SOCIETY (Your Ref: ) - Our Ref 1002511 Date: Wed, 13 Jun 2007 17:22:52 +0100 .ExternalClass P{padding-right:0px;padding-left:0px;padding-bottom:0px;padding-top:0px;}.ExternalClass{font-size:10pt;font-family:Tahoma;} Mr ****** No they didn't lose your claim twice they restarted it again instead of backdating it which is not unacceptable and thus the legal action. Aaron From: Sent: 13 June 2007 16:53 To: FRL Bank Charges Team Subject: RE: REF: NATIONWIDE BUILDING SOCIETY (Your Ref: ) - Our Ref 1002511 so you are telling me they have managed to lose my claim twice.? From: ao@financialrecoveries.co.uk To: northdesk@hotmail.co.uk Subject: RE: REF: NATIONWIDE BUILDING SOCIETY (Your Ref: ) - Our Ref 1002511 Date: Wed, 13 Jun 2007 16:39:24 +0100 .ExternalClass P{padding-right:0px;padding-left:0px;padding-bottom:0px;padding-top:0px;}.ExternalClass{font-size:10pt;font-family:Tahoma;} Mr ****** We have chased Nationwide with proof of delivery, however this seldom proves resourceful. If the claim has been lost in their system, which is a common occurence, then all we can do is resend the claim demanding that they backdate it. This has since been done but they have still exceeded the 8 week limit, therefore we are pressing for legal action. Although the legal process is lenghty we must conduct the case properly or risk it failing if it did go to court. The solicitor is yet to come back to us but your case it definitely with him, unfortunately at this time it is a case of patience. We will recover your monies but we do not want to run the risk of a case being defended in court and failing, especially in light of recent cases. Yours Aaron From: Sent: 13 June 2007 13:25 To: FRL Bank Charges Team Subject: RE: REF: NATIONWIDE BUILDING SOCIETY (Your Ref: ) - Our Ref 1002511 Aaron. If Nationwide claim to have no knowledge of me putting in a claim for bank charges , then have you or the solicitors chased them up with the signed for proof of delivery as they should have been sent by recorded delivery I hope. If as you say the solicitor is taking this to court , then what is the process and how long does this normally take. Why do all the people on the bank charges userforms , inform me that if you take court action , then Nationwide have to respond within 5 days and from response they have 28 days to either pay up or send in a defence. So if you received no rsesponse then surely the solicitor should have acted on this. If you could answer some of my questions it would be of a great help, as it is stressing me out , as I have no proof of what is happening . I apologise for being a pain , but the whole case has taken so long with little or no information as to why things are being delayed , or things not going through properly. regards ********** From: ao@financialrecoveries.co.uk To: northdesk@hotmail.co.uk Subject: REF: NATIONWIDE BUILDING SOCIETY (Your Ref: ) - Our Ref 1002511 Date: Mon, 11 Jun 2007 16:45:56 +0100 Dear Mr ************* I have contacted the solicitor requesting an update on your account, he should get back to me within the week. Aaron FRL Team

i am in the same situation . When I rang Nationwide they still have no knowledge of a claim. I have asked for proof of delivery from FRL they finally sent me an image of recorded delivery barcode. Which doesnt relly tell me anything. I have now been told that Nationwide have filed a defence through the court and that they have until June 25th . I rang Nationwide and they still have no knowledge of a claim against them. FRL told me not to worry and that it was most probably being dealt with by their legal team. I informed them that Nationwide had checked both their systems and one of those was with the legal team. Still noi knowledge of a claim being made. Still told not to worry. i show you copies of emails sent from them , once I have time to remove names addresses etc. by the way the reason for the delay as previous claim was sent on may 11th , was due to nationwide claiming not to have received N1 form. So FRL said they had to send it again. if i am messed about anymore during July I will contact office of fair trading and consumer credit council as they are licenced by both

I too have a terrible credit rating due to 5 defaults. I tried to open an account with the co-op , but was declined. I then tried the yorkshire bank , who accepted me and I also was given a meastro debit card. Was told that if I kept my account in line for next 6 months then there was a good chance that my account would be upgraded , so i could have cheque book facility aswell.