Nationwide trying to CCJ me for an Account Defaulted Account of 100% Charges

[asdf54321]

Hi,

 

Initially I'd started a claim on this Nationwide account that was currently open, by asking them to pay me back £250 of charges that they'd unlawfully taken off my wages etc.

 

I sent the Prelim + LBA using the templates on this site and obviously sent recorded etc.

 

Later on my lost my job due to health reasons and the wages stopped, I didn't have any money left in the account and since it was a standard savings account and not a debit account I wasn't too concerned about letting direct debits bounce etc.

 

Anyway, this account that couldn't go underneath zero magically went to minus 600 after a few months lol, ALL of it out of bounced Direct Debits.

 

The bank responded to my LBA with the usual crap about waiting for the OFT test case etc. So I thought I'd wait as well.

 

Anyway, half a rain forrest of paper through dodgy threat letters and threats later it was passed on to a DCA, i ignored all their threats etc because I'm too busy looking for a job, now the DCA has got some sort of lawyer and have sent me an LBA.

 

I don't qualify for benefits since my partner works, it's a crappy sort of job she's got but a job is a job, just incase anyone tells me to go on benefits and send a personal budget sheet from the Citz Advice.

 

Now what? Is this really happening? Are they really going to try and be so sleazy to CCJ me about an account in dispute whilst I'm unemployed, for an account made of 100% UNLAWFUL CHARGES!!!???

 

Any advice much appreciated,

 

Oh, PS, I've been sent a 'Final Warning' now as it's been about 10 days since the LBA

[zootscoot]

Write to the DCA and tell them that the account is in dispute and that should they take this to court you will be defending any action based on the fact that the outstanding balance is entirly made up of charges.

 

You should also report them to the FSA for breach of the FSA agreement by continuing to pursue a debt made up entirely of charges and for failing to process your claim which is obviously causing you hardship.

[MilkTrayMan]

Hi Ray111!

 

Which DCA is it that the 'savings' account O/D has been passed on to??...

...I ask cos Nationwide have their own 'in-house' DCA.

 

U also don't mention an issuing of any DEFAULT NOTICE, either by Nationwide themselves, or the DCA??

...It may pay U to double-check your Credit Report with Experian etc, just to make sure that there are NO further complications!...

 

 

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[asdf54321]

Hi, thanks for the replies,

 

Answering your question Milktrayman:

 

The name of the Debt Collection Agency that it was sent on to is Roxburghe Debt Collectors.

 

The name of the lawyers firm that they sent the debt on to that have sent me an LBA and now a final warning is: Graham White LL.B Solicitor.

 

 

I'm currently setting up a Personal Budge Sheet etc, and some covering letters, I've sent them before but this time I'll be sending a copy to the FSA also for continued harassment, do you think I'll get an invitation through the post to appear at court in the next few days anyway? My letters won't arrive in time. Do you think they are just threats and wind ups to get me to pay?

 

Thanks again.

[Rtech]

IF the Bank had a stay on your claim,via the Court...it would be normal for the Court to also say in their award of the stay,that the Bank cannot enforce judgement to obtian payment of the charges,during the stay period.In effect they could not go through the Courts to make you pay.

 

However reading between the lines of your post,you did not actually take the claim as far as the Court ???,due to the Bank saying it would be stayed.If that was the case,then you need to advise the DCA AND the Bank that 'the account is in dispute',and they are not acting ib line with the OFT Debt Guidleines,as below..

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[asdf54321]

Hi, no I've not filed at court because I don't have the funds available for the court fees just now, I've only sent an LBA.

 

I can't get help towards the fees because my partner is employed, albeit a crappy low pay job. This disqualifies me from benefits and court fees help etc.

 

That's as far as I can take it just now and I was hoping to just wait until January, fingers crossed the OFT case will be successful and the bank can pay me back the full amount.

 

Hope that helps?

[MilkTrayMan]

Hello Ray111!

 

Here's what U do...

 

STOP worrying!!!

 

DCA's often use intimidatory words in their letters etc that they KNOW have NO legal standing etc.

I doubt very much whether the DCA will instigate actual Court proceedings against U at such an early stage.

For a start, they have yet to prove to U that they ACTUALLY have been assigned the alleged 'Debt' from Nationwide to be able to legally pursue U for non-payment.

Even if they are just collecting the alledged 'Debt' on behalf of Nationwide, they would be extremely foolish to attempt to go to Court over this matter whilst the OFT Test Case is pending, especially as the alledged 'Debt' is mainly made up of unlawful Penalty Charges etc.

 

If U read back through ALL of the Nationwide Forum Threads earlier this year, U will come across quite a few where this sort of action has been attempted by Nationwide +/or a DCA before.

In quite a lot of cases, Nationwide have paid any monies Claimed before the simultaneous threatened action against the Claimant has taken place.

 

U should REALLY consider a swift follow up as regards zootscoot's advice, + also check out your Credit Reports for DEFAULT NOTICES.

...As these could seriously affect U in the future, if U fail to act before the PoC stage of your potential Claim, regardless of if U retrieve any money owed to your 'savings' account.

 

btw...Banks use a process called 'Set-Off', or 'off-setting'.

This is a legal way of transferring monies from one account held by a Customer, to another, to cover any alledged 'Debt' owed by another account held at that Bank by the same Customer.

 

It was/is advisable for U to have cancelled ALL DD's/SO's etc due on ANY Nationwide accounts + to make alternative payment arrangements with any other Creditors that the original DD's were destined for.

This will STOP the situation continuing to compound itself for U!...

 

 

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