Last question about this promise! I dont have anyone who would write me a 3rd party cheque. Would a bankers draft be as effective as 3rd party cheque. Santander charge £10 for this. Thanks patty101

Thanks Andy will get this settled tomorrow then.

Hi all many thanks for your comments. Here is the letter I sent to NW and then after that I have typed in their response as do not have access to scanner at mo. Dear Sirs WITHOUT PREJUDICE ACCOUNT NO: I write with reference to the money you are claiming in relation to the above account. I confirm that I am unable to offer the full amount you are claiming due to financial circumstances. However, through the sale of my car I have been able to raise a sum of £1300 and I want to offer this amount as an ex-gratia payment in full and final settlement of the above account. This offer is made on the clear understanding, that if accepted, neither you or any associated company, will take any further action to pursue or enforce this debt in anyway whatsoever and that I will be released from any liability. I also request that, if accepted, you will make an entry onto a credit reference agency file relating to the above account as having being paid and the account closed. I am able to make this payment immediately in full of receiving your written agreement of this offer and method of which to make payment. DEAR AC NO CLAIM NO Thank you very much for your letter xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx I confirm we are happy to accept your offer of settlement of £1300 in full and final settlemet of the claim. However, we are unable to mark your credit reference as fully satisfied as this would be an inaccurate representation of the debt. In these cases the credit file is clearly marked as partially satisfied. I confirm that once payment has cleared to the account we will send you a letter of satisfaction, for your records and arrange for the account to be closed. You are welcome to make payment by telephone xxxxxxxxxxxxxxxxxxxxx or by sending a cheque to xxxxxxxxxxxxxxxxxxxxxxxxx I confirm I have made arrangements to vacate the hearing listed for xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxand for the return of the hearing fee paid of xxxxxxxx however should payment not be received in the next 21 days we will have to arrange for a further hearing to be set. Yours sincerely

Hi yes Our offer was on the basis that it would be marked as fully satisfied Regards patty

Hi all just a bit of advice needed re FFA - nationwide letter says they will only Mark file partially satisfied - should I accept this demand they Mark it as fully satisfied?

Just updating everyone who's helped me on this journey. I sent witness statement to court and copy to NW last Friday along with full and final settlement offer to Nationwide. Got letter back today accepting our offer of £1300 (outstanding debt is £3300 with costs). I really didnt want to go through the stress of attending court and am now just so relieved. Thank you for everyone's help you've all been great. Patty101

Hi finished my run of night shifts and back onto the witness statement. The witness statement is attached - im really not sure if i have done this correct or whether there is too much detail in it. Any comments appreciated. Thanks folks. DEFENDANT SP CLAIM NO 30 June 2011 BETWEEN CLAIMENT: NATIONWIDE BUILDING SOCIETY And MR ____________________________________ WITNESS STATEMENT OF Mr I ………………………………........ say as follows: 1. In July 2000 I applied for a credit card with the Nationwide Building Society. The application was successful and myself and my wife were subsequently issued with a credit card which was used for a period of approximately 1 year to assist with the building of an extension to our home. The balance was repaid shortly after this and I considered the account to be closed. 2. In May 2009 I received communication from Nationwide Building Society offering to transfer any credit card balances from other lenders to Nationwide. An amount of £3550 was transferred over the telephone and I did not sign an agreement or complete an application form at this time. 3. Shortly after this in January 2010 I began to experience financial difficulty due to redundancy and I contacted Nationwide to explain this and a reduced offer of payment which was accepted. In February 2010 the stress of this and other debts became too much and so we contacted Payplan to set up a Debt Management Plan for us. Payplan worked out how much per month we could afford to pay our creditors and a pro rata offer was made to the Nationwide which was rejected. I would like to point out that we have 6 other creditors all of whom accepted the offer of payment and to this date are receiving payment through Payplan. 4. Payplan made a monthly payment of £30.59pm to Nationwide from April 2010 April 2011. In March 2011 Nationwide made a claim in the Swindon County Court for the sum of £3198.63 (including costs). I am defending this claim as I believe Nationwide did not furnish me with a complaint credit agreement in May 2009 when the balance transfer was made. 5. Following the court claim, I made a request under the Consumer Credit Act for the regulated credit agreement. What was returned by the Claimant under this request was actually a pre-contractual application form rather than a valid and enforceable credit agreement as it did not contain all the prescribed terms of the Act within the 4 corners of the document. The terms and conditions were not explicitly linked and were attached on a clearly separate document - indeed, this was marked "your copy to keep", so it was impossible that I could have signed and returned that copy. 5. The purported credit agreement supplied by the Claimant , marked Exhibit , it is denied that this is a valid executed credit agreement within the definition contained within the Consumer Credit Act 1974 and it is submitted that the document fails entirely to comply with the Consumer Credit legislation as laid out below. 6. The credit agreement supplied is not compliant with the Consumer Credit Act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) 7. Under the Consumer Credit Act 1974 there are certain conditions laid down by parliament which must be complied with if such an agreement is to be enforced by the courts. 8. Firstly, the agreement must contain certain Prescribed terms under regulations made by the Secretary of State under section 60(1) CCA 1974, the regulations referred to are the Consumer Credit (Agreements) Regulations (SI 1983/1553) The prescribed terms for a Running credit account as set out below. 9. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia:- A term stating the credit limit or the manner in which it will be determined or that there is no credit limit. A term stating the rate of any interest on the credit to be provided under the Agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of the following:- Number of repayments Amount of repayments Frequency and timing of repayments Dates of repayments The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable 10. It is submitted that the credit agreement supplied falls foul of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) so far that the prescribed terms are not contained with the four corners of the agreement. They cannot be provided within a separate document. The prescribed terms must be with the agreement for it to be compliant with section 60 (1) Consumer Credit Act 1974. 11. The claimant has also provided a reonstituted copy of the original executed credit agreement (Exhibit 2) and also at the time of the alleged default (Exhibit 3). Both of these alleged agreements contain the incorrect address of the defendant. 12. The original executed credit agreement and the reonstituted copy of the original executed ageement failed to provide a list of charges. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) so far that this did not not include a list of charges payable under the agreement. All types (1) A list of any charges payable under the agreement to the creditor upon failure by the debtor or a relative of his to do or refrain from doing anything which he is required to do or refrain from doing, as the case may be. (2) A statement indicating any term of the agreement which provides for charges-- (a) not required to be shown under (1) above; or (b) not included in the total charge for credit.] 13. In addition to the credit agreement being irredeemably flawed, it is submitted that the alledged default notice served under S87 (1) Consumer Credit Act 1974 was ever received by myself. Nationwide have been unable to provide a true copy of the original default notice they sent to me. All that has been provided is a computer printout with my name and the date their standard default notice was allegedly sent to me. No address is detailed on the computer printout. The printout and template default notice sent are marked exhibits and . I am questioning receipt of the Default Notice due to the fact the reconstituted agreements contain an incorrect address and therefore I question the competency of Nationwide’s administration. As Nationwide have not been able to provide me with a true copy of the Default Notice allegedly sent, I have been disadvantaged in this claim because I have been unable to calculate whether the amounts detailed the notice were correct.

Hi Andy the recons t & c are from 2000 and then again on default which was 2010. We transferred balance in 2009 on an offer rate and its these I was questioning whether I need?

Hi all had a breather from this for a couple of weeks but now its time to write the witness statement. Having trawled thro all the paperwork I have realised I do not know the balance transfer rate I took out or have a copy of the t&c at this time. Should I be writing to NW to ask for this now or is it too late?

Elsa hope this link works thanks patty http://s1180.photobucket.com/albums/x413/patty230270/

Here are the other pages. Thanks Patty

Hi Elsa here is the reconstituted agreement. NW have typed in the wrong address - our old address before we took the agreement out with them. Sorry not all pages are here - it will only let me attach 5 pages - im not very good with computers.

Emandcole many thanks for this they have t & c definately do not detail charges the original ones or the ones at the time of default that they sent. Will definately include this in my witness statement. Thanks again

Thanks Doc will take on board all your advice when putting together the witness statement and argument. Incidently if we were to put forward an offer to NW what do you think is reasonable based on the outstanding balance being £3100? Thanks Patty

Docman thank you so much for your time in writing this response. Just a few questions to ask. 1 I am not entirely sure when we last used the card prior to balance transfer - whether it was 2002/3/4? as NW have not provided statements. Should I just say this? 2 Also another cagger commented yesterday about the T &C not actually disclosing amount for charges for late/missed payments etc - should this also be inlcuded in witness statement? 3 Should I mention the DN - ie fact that they have only sent a template and underlined words not in bold as they should be and also the 21 days not being stated as a specific date? 3 Finally, the reconstituted T & C sent have the wrong address on it - will this advantage me? Thank you Patty