Just realised I'm using my partner's login as they were online earlier incase you are confused! Babymoll

Thanks Andy and 42man. CPR letter and CCA letter going in post tomorrow. Should they both go to Cabot or their Solicitors who have indicated their address for sending docs on the claim form?

Hi Monty, Any update to this thread? I have a similar case to you with John Lewis and Westcott have recently appeared out of the blue putting the pressure on. I also have found the 'Without Prejudice' letter and only received an application form with no prescribed terms in response to s78(1)request. Thanks, Sharmar

Thanks again The Mould. Have got that letter off to them.Will update thread when I hear from them. Sharmar

Hello Mould, Thankyou so much for responding. I agree that a firm letter to Nationwide is the way to go.I can't get over their actions! I've drafted a response if anyone get's a chance to read over it before I post it off,I'd really appreciate your opinions. Dear Sirs, Further to my letter of the 9th July 2010 when I requested the removal of unfair overdraft charges to my Nationwide Flex account and your subsequent response on the XX July stating that the unlawful charges were to be removed, I am horrified to see that a Default has been applied to my Credit report along with two more unlawful charges for a facility that has not been used for well over a year. I wish to view the evidence that substantiates what the offence/breach was under the account terms and for you to provide a comprehensive explanation as to how it is possible for me to have breached the account terms. I am now demanding the removal of the defamatory and unlawful default along with these unlawful fees from my account immediately and any other unlawful charges or I will have no alternative but to bring an action in the County Court against Nationwide under Section 13 of the Data Protection Act 1998 for damage and distress caused by your unlawful actions. Thanks Sharmar

Great news Pigland! Delighted for you! Sharmar:-D:-)

Hi everyone, I sent Nationwide a letter in June about unfair unauthorised overdraft charges to a current account which amounted to almost £220. I received a letter back stating that they would remove the charges on this occasion which they duly did. But I am now horrified on checking my Experian report, to see they have defaulted me for another £20 charge on the same account. The account has not been used for well over a year and I never even received a default notice. I can only assume that there was another charge pending in the pipeline for the previous charges. What can I do now? Thanks, Sharmar

LB145-So Sorry to hear of this result! Hoping you can appeal this! Keep the faith!

Hi NTTF, Delighted for you! All the very best for round 2!

Brilliant stuff Diddy! Delighted your efforts paid off at round one!

Yes,please do Diddy! Would be a great help:wink:

I presume she should send this to all the Credit ref agencies? Does anyone have the contact details all these Credit agencies?

bump:-?

Hi all, I submitted an embarrassed defence as BOS failed to respond to my CPR request on time. They have now responded with everything apart from the DN-they sent a blank template(a copy of the style of DN) as Default Notices are not retained by the bank. They also go onto say that it was posted 1st Class and therefore no proof of postage will be available to the Bank I have the original DN however, which clearly does not give enough time to remedy so should I be amending my defence or doing something else? Thanks;)

Hi All, Can anyone tell me the procedure for filing an Amended Defence? Thanks Sharmar

Thanks for looking in everyone! And many thanks for the pointer! It was late 2004 so I guess leave out point 23! Is all else good to go then? Q. Do I have to request the Court's/Restons permission to file an Amended Defence?

Hi All, Here is a link to whats taking up all my waking (and most of my sleeping hours too!) at present. I would so value your critical analysis and expertise if you have the will to read through the attached. I am still a bit confused as to whether I should submit this as an amended defence immediately or use it as a Witness Statement? What are the court procedures in terms of filing both? I know I have to file witness statement minimum 7 days before hearing, is it better to file all of this now well in advance or are there disadvantages in doing so? Brain frazzled here now after putting it all together and thanks to so many here for their assistance and guidance. Will await to hear your lucid comments on this.

Can anyone help me with this? Restons also responded to my CPR request at incorrect address despite me reiterating my correspondence address on Claim form,AQ form and CPR request letter. They even include a copy of my CPR letter with their Notice of Hearing application evidence and refer to it as MBNA5.It clearly shows my correct address on top right hand corner! Should this be included in Defence?

Thanks again VJohn. Really appreciate this info and delighted it's worked for you! Will get my amended defence in and then look into this further. Had you submitted a defence prior to going for this? At what stage legally were you at? Sharmar

Vjohn,that's good stuff! Have you got a template I could use? Also,do I send this both to the Court and Restons? Thanks, Sharmar

Thanks again MDAW! Great information. Will definitely be adapting! Sharmar

Fantastic MDAW! Thanks so much,it's really helpful. Sharmar

Hi Vint, Rob, Really appreciate you both taking a look! Am busy compiling an amended defence and will post up as soon as ready. I'm on the DN part now which is going to be my main defence. Restons also responded to my CPR request at incorrect address despite me reiterating my correspondence address on Claim form,AQ form and CPR request letter. They even include a copy of my CPR letter with their Notice of Hearing application evidence and refer to it as MBNA5.It clearly shows my correct address on top right hand corner! Should this be included in Defence? Shar

Hi, Can anyone assist me with an amended defence? I'm getting totally confused here after reading several MBNA threads these last few days. Would really appreciate some help here- This is what I believe to be my defence but not sure how to format all this and what is or isn't relevant- DN sent to incorrect address and not enough time for service and unlawful charges Illegilble app form-(Restons even admit this in their N244 statement!) No historic terms and CondItions A great lttr from Diddy confiming Restons introduced a policy from Jan 1st not to respond to unsigned letters.I sent my CPR early Dec! Yet they use this policy on their N244 statement s69 Interest etc on POC Is this enough for an amended defence? Should it be short and to the point and bulked out in the Witness Statement?

Hi Diddy, Thanks for coming back. They finally responded to my CPR request in February but again docs went to address I don't reside at and I didn't get them till end of Feb. I'm surprised they keep using this address as I indicated my correct address on Court Claim form but they still communicate with me at wrong address. The tenant keeps any post for me. They enclosed 1.Copy Credit Agreement-this is the same that I already received and illegible. 2.Copy terms and conditions-these are not historic ones that applied the time I received card. 3.Statements of account 4.Default notice-same as the one I received and showing incorrect address. Should I have submitted amended defence based then on this documentation received? Worried, as I don't want to miss any deadlines!