Nationwide/dryden claimform - credit card debt **DISCONTINUED**

[pt2537]

Hi there

 

yeah, on this occasion due to the circumstances, i would be happy for you to do so if i can i will advise on the thread as i don't particularly like keeping things off the forum, however i would only do this if it didn't compromise your security .if it means i need to reply via pm then thats fine

 

regards

paul

[1stlifeline]

Thank you so much, sending you a pm now. Im fine with the advice going on the forum of course. Its just that I want to be careful what I give out on here just in case because its an unusual reply they sent (I think) so may be recognised.

Thanks Paul

[pt2537]

Ah, i see the problem

 

the CPR letter is a generic template letter

 

so if your account hasnt been assigned then you dont ask for notice of assignment etc, this is what has confused them cos your account hasnt been assigned its with the original creditor

 

however, not to worry,

 

right, based upon what they have provided you,which is pretty much the same as Sam recieved in this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/126664-court-hearing-25th-feb.html#post1325374

 

now you have a good prospect of defending this IMHO

 

however, its not going to be me in the court room arguing the case so that must be borne in mind.you would be the one who if necessary went to court to defend it. so i would do some serious reading, starting with that thread i posted

 

i can help you with a defence, but you need to decide what you are going to do either admit or defend this and file the acknowledgement accordingly

[1stlifeline]

Thanks Paul. Have just read through the thread you linked. I do have to say that Im daunted by it, Im not sure that I can do it alone. Its other halfs account and he has no idea with this sort of thing, its me thats been reading up on here and has convinced him we should try to defend but I would have to do all the talking in court and am worried I would be caught out. As I thought the prescribed terms were not on the correct document I thought they may back down if they couldnt provide it but reading that thread it seems some will push to the hilt.

Do you have a thought on the part of the letter they sent about the deafult notices. Also, should they not have provided me with more details of letters/telephone trabscripts, or is this not really relevent?

[pt2537]

Ah, dont forget that the thread i posted a link to, i have to say, wasnt defended properly from the start hence the reason why i had to write a amended defence etc.

 

these people are beatable, if your anywhere near me i would happily attend court with you to help where i can.

 

there are threads in the DCA legal success forum which show they do run away if defended correctly, but they do also,if they are sure of the strength of their case, press it to the hilt

 

the key parts to their case are

 

1 the credit agreement

 

2 the issue of default notices

 

 

these are key to their case, if they are flawed or invalid etc then game over cos the court cant enforce the agreement

 

we can help you im sure of that, but as that thread shows, there is a right way and a wrong way to deal with this

[1stlifeline]

Thanks Paul. If only you were near enough to attend I would be over the moon. However you are not! Im in North Manchester. (If anyone with any experience is reading this and is near enough to help in court please shout!!!!!!)

There seems to be a bit of fishing for info in the letter they sent and a you say we may have a good case to defend. I have acknowledged and said we are to defend. As to the key points, - the agreement does not show the prescribed terms (gh2008 has scanned it onto an earlier post for me and also the default notices)

[pt2537]

Thanks Paul. If only you were near enough to attend I would be over the moon. However you are not! Im in North Manchester. (If anyone with any experience is reading this and is near enough to help in court please shout!!!!!!)

There seems to be a bit of fishing for info in the letter they sent and a you say we may have a good case to defend. I have acknowledged and said we are to defend. As to the key points, - the agreement does not show the prescribed terms (gh2008 has scanned it onto an earlier post for me and also the default notices)

 

Well, i will happily help you with a defence based upon what they have produced

 

the way i see it, if you dont defend then they win and you get a CCJ if you dont pay what they want

 

or you can defend, if you win then party time

 

if you lose you get the same as if you didnt defend

 

so theres not too much lost to defend at this stage

[gh2008]

Thanks Paul. Have just read through the thread you linked. I do have to say that Im daunted by it, Im not sure that I can do it alone. Its other halfs account and he has no idea with this sort of thing, its me thats been reading up on here and has convinced him we should try to defend but I would have to do all the talking in court and am worried I would be caught out. As I thought the prescribed terms were not on the correct document I thought they may back down if they couldnt provide it but reading that thread it seems some will push to the hilt.

Do you have a thought on the part of the letter they sent about the deafult notices. Also, should they not have provided me with more details of letters/telephone trabscripts, or is this not really relevent?

 

Been out today only just got back

 

In answer to your PM, no you shouldn't be really worried, yes they are fishing for info and they are trying to frighten/bully you into submission with their final paragraph.

 

The lack of info from the claimant actually works in your favour to some extent.

 

Have a really good read of the Defence posted by Paul towards the end of the thread that Paul posted the link to. Your defence would end up quite similar.

Look at that and work through it bit by bit and learn what it is saying and why.

Ask any questions, there are no silly questions only answers so ask away - remember there will also be others thinking the same thing but not wanting to ask themselves.

 

The reason you ask for an agreement is that the Law is very clear about what is and what is not an enforceable agreement. Read the letter linked to in Paul's defence for Sam page 9 of the thread para 19 in the defence.

 

You ask for a copy of the Default Notice because without serving a proper Default Notice on you they have no right to demand full repayment etc.

 

If it goes to court you will have studied your defence enough to be fully conversant with the points you are raising. You are a litigant in person i.e. a member of the public defending themselves not a legal professional and the judge will treat you accordingly.

BUT you need to know why your defence says what it does and what it all means.

You will have a fair amount of time to read up as, pnce you submit your defence it will be transferred to your local court and then they have to allocate a date there, it won't be happening in the next few weeks.

 

Paul has also had claimants run away once they receive on of his defences so fingers crossed.

 

Good luck & keep smiling

gh

BTW as Paul said the worst that can happen is that you go to court, lose and end up in exactly the same position as if you hadn't defended, so you can't lose in that sense.

[1stlifeline]

Decided to defend. Been reading till my eyes are sore, theres so much to read on here, its just so good to know that there are so many others in the same position as us.

[gh2008]

I was going to PM you today to make you were still about

 

I'm glad you have taken the time to read up and now know what's involved, you should now also realise how good your case is!!

[pt2537]

pam,

 

im happy to help you with your defence but could i just ask a couple of questions. youve probably already answered them at some point over this whole thread but i dont have time to reread each post at present

 

Firstly, can i just check where the claim was issued? was it from Northampton County court?

 

was there any documents attached to the Claim form ie Copy of the credit agreement etc?

 

who is the claimant? did they send you a letter before action telling you they were taking legal action?

 

I know you sent them a CPR request when they issued the claim but have you ever written to them asking for a copy of your credit agreement using a CCA request along with the £1.00 fee?

 

have you ever recieved a default notice? this is more aimed at before the claim was issued

 

whern does your defence need to be in by?

[gh2008]

Default Notice here http://i262.photobucket.com/albums/ii82/1stlifeline/Nationwide/DefaultNotice20-04-07.jpg

[pt2537]

Default Notice here http://i262.photobucket.com/albums/ii82/1stlifeline/Nationwide/DefaultNotice20-04-07.jpg

 

Thanks GH,

 

But was it received before the legal action started or was it recieved with the Claim form,

 

thats is the important thing

[1stlifeline]

Hi Paul, thanks for the reply.

Answers as follows.

 

1. It was Northampton.

2. Claimant is Nationwide.

3. I did do a CCA request. (GH2008 scanned them on the thread for me)

4. I did get a LBA and Default notice.

5. Defence due Tuesday 25th March but lady at Northampton suggested I try for Thursday 20th because of the Easter weekend postal issues.

 

Just seen your last post Paul. The default notice was recieved before the legal action started.

[pt2537]

Hi Paul, thanks for the reply.

Answers as follows.

 

1. It was Northampton.

2. Claimant is Nationwide.

3. I did do a CCA request. (GH2008 scanned them on the thread for me)

4. I did get a LBA and Default notice.

5. Defence due Tuesday 25th March but lady at Northampton suggested I try for Thursday 20th because of the Easter weekend postal issues.

 

Pam thanks ever so much for that,

 

so you CCA'd them, did you send them a part 18 CPR request as well? just wanted to check this out,

[1stlifeline]

Sorry Paul, whats a part 18 cpr?

[pt2537]

http://www.consumeractiongroup.co.uk/forum/legal-issues/130165-nationwide-cca-arrived-letter-2.html#post1392060

 

this one that 42man posted. did you send it? and did they reply

[1stlifeline]

Yes, I sent it and got a reply. I did PM you on Saturday 8th with the details of the letter. I know you look at loads but it was the one headed 'Drydens reply to request for info to file a defence' If you dont still have it I will resend.

 

Also the credit agreement is scanned (thanks gh2008) on post 34.

[pt2537]

Ah yes sorry, i remember now,

 

i see so many different cases that its a nightmare to try and remember all of them

 

right, i have the bare nuts and bolts of a good nationwide defence so i will adapt that to cover your situation

[1stlifeline]

Thank you so much. Am finishing work now and so may not be able to be online till tomorrow morning. If you need any answers please dont think Im not ignoring the postings. Will check in the morning and respond straight away if there are any queries.

P.S. I think your name should be mentioned in the New Years honours list!!!! (grovel over)

[gh2008]

Drydens rapid response to CPR. 18 although AFAIK nothing subsequent to that has yet appeared

http://i262.photobucket.com/albums/ii82/1stlifeline/Nationwide/Drydens27-02-08.jpg

[1stlifeline]

Just ahd to say that Im now back online at home instead of at work so if Paul has any queries about the defence he is kindly doing for me I am available online most of the time now.

[pt2537]

Hi

 

ive just scanned the thread and i cant see their particulars of claim anywhere

 

its probably my eyesight but without knowing what their claim is i cant write a defence against it

 

makes matters very difficult so could i ask if you would be so kind as to post their particulars of claim, also can you confirm if they have put the correct account numbers on the claim form, a simple yes or no to this will suffice.

 

i really need to know that their POCs were asap

[1stlifeline]

Hi Paul. Yes they have put the correct acc number on the claim form.

I havnt yet got the facility to scan the POC but it reads---

 

The claimants claim is for moneys due from the Defendant under an agreement ("the agreement") regulated by the Consumer Credit Act ("the Act") made between the Claimant andd the Defendant.

Under the terms of the Agreement the Claimant opened an account no 4*************** ("the Account") on 12/07/2002 and issued a Credit Card to the Defendant with a credit limit of £5,000.00. The Defendant agreed to repay the Claimant together with interest calculated monthly as provided for in the Agreement. The current balance on the Account is £5, 344.92.

The Defendant was served with Notice under Section 87 (1) of the Act on 24/04/2007. The notice was served on the Defendant by pre-paid first class post at;

(Our ADDRESS)

The Defendant has failed to comply withthe Default Notice and the Claimant claims the sum of £5,5644.92.

 

Thats exactly as it is written on the Particulars of Claim Section (apart from I have not inserted our address. I also dont know if its relevant to the defence or not but there are over £120 of late charges and overlimit fees in this sum.

Hope this is ok for you Paul

Many thanks

 

Paul, if you are about, can you just confirm that the POC details I gave you are all you need.

Thanks

[pt2537]

Nah im not about:D

 

 

*only joking* yeah thats fine for now of course i may need more info later