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

[42man]

If you can send me a PM with the court date, I MAY be able to attend if i'm close by....

[1stlifeline]

Well, the update. I sent off the letter asking for the info they intend to use in court and today got this back.

 

Thank you for your letter dated 26 Feb.

We have asked our client for instructions and will supply as mush of the information as possible in due course. We are unsure which rule or practice direction you are relying on when stipulating your seven day deadline but will use our best endeavours to meet it although we of course offer no guarantees.

In any event we confirm that we will not request judgement until at least 7 days have elapsed after we have posted out our full reply to you.

In the circumstances we trust you will refrain from making any premature applications for disclosure against our client (since that would usually follow after your defence has been filed) although should you choose to do so we will rely on this letter when the question of costs arises.

We would also add that until we have some indication of the likely basis of any defenced we will find it difficult to address your third query. Much of the information you have requested leaves us at a loss as to your intentions and we would invite you to let us have some indication so that we can better tailor our response.

In any event we will revert to you in due course.

Any opinions please, thank you.

 

Just to add, it was the letter in post 23 that I sent and which the letter is in response to.

[gh2008]

 

I do believe you've rattled their cage and they're not very happy about it

 

How are the timescales doing?

You have acknowledged service haven't you, and intend to defend in full?

 

When is your defence due in?

 

gh

 

BTW ignore their comment about judgement

The Court's timescales are the most important then yours - stick to them not theirs

[1stlifeline]

The service date was 24th feb so I assume defence has to be in by 23rd March.

[gh2008]

You have acknowledged & intend to defend in full ?

[1stlifeline]

Yes, just very nervous about it!!!

[gh2008]

Have a read of this http://www.consumeractiongroup.co.uk/forum/legal-issues/126664-court-hearing-25th-feb-8.html gives you an idea of what your Defence will be.

 

Have you got your documents scanned up yet. It is a must really.

 

The service date was 24th feb so I assume defence has to be in by 23rd March.

 

Ok, as you intend to defend the case will be transferred to your local court. Once you get that notice, give them a ring (they're very nice & helpful) and confirm the date the defence is due in and post it here.

 

 

You are doing really well and, now you are defending you are in the driving seat, calling the shots & worrying the other side - who won't have looked at your case in detail yet and won't have noticed their 'little error' with a prescribed term.

 

You probably are thinking how can a little mistake like that mean that the agreement is unenforceable, well, there is binding case law where even smaller 'error', 'mistakes' or 'oversights' have done exactly that.

 

You are not treading new, risky ground with your case you are following a well worn path.

 

Keep smiling

 

gh

[pt2537]

Hi there

 

had a quick scan through the thread, can you post a copy of the agreement they sent you or can you tell me if it looks like the one they sent here Image of CCA Sent to Me 2 of 2 - Photobucket - Video and Image Hosting

 

it would be useful to know what the agreement looks like to know for sure if it has any prescribed terms

 

if it hasnt then its really game over for them, if you look at the thread that gh2008 posted it should give you an idea as to what the defence should look like,

 

the main thing ius you are in the company of many people who will help you out so try not to worry, i know its easier said than done

 

 

any questions please ask away

 

regards

paul

[1stlifeline]

Thanks you Paul. A member who has also subscribed to this thread who has been a great help (feel a grovel coming on here!!!) has offered to let me send him my letters and he will scan them and put them on here for me as I dont have the facility to do it myself.

Thank you again, (you know who youe are!!)

[pt2537]

Hello

 

Just a word of caution

 

i personally never ever send personal documents to others, especially if offers of assistance come via PM

 

you can take your documents to a shop called KallKwik, if you have one in your town and they will scan your documents onto disc

 

or you can take a photo of the agreement with a digital camera and post it, i can help you with how to post the documetns so thats not a problem

 

but just a word of caution i would not give your personal details to someone you dont even know, its easy to become too trusting

 

regards

paul

[1stlifeline]

Thanks Paul. I do understand what you ae saying. The person who has offered to help is a long time poster on here who has helped me on other occasions. The info they are having from me is to be scanned on here so there will be nothing other than what everyone on here will be seeing anyway.

Thank you so much for your involvement and help.

[gh2008]

1stlifeline's Nationwide documents are here 1stlifeline/Nationwide - Photobucket - Video and Image Hosting

[pt2537]

Ok well, i cant read the Credit Agreement

 

so i cant see if it has the prescribed terms GH2008 can you help please?

 

on the matter of the Default Notice, hahahahahaha Exactley the same flaws as illonavamp's one so thats completely Duff IMHO

 

just need the agreement confirmed thats all

[gh2008]

I'll rescan at a higher resolution and see if that's better, it is a pretty dreadful copy - magnifying glass job

 

try this

[1stlifeline]

Paul, if you are about would you look at this for me please.

Thank you gh2008.

[pt2537]

Well , on the face of it the Document they claim to be the credit agreement does not contain the prescribed terms it does state that " nationwide Conditions form part of this agreement" so you would need to know what this document says

[42man]

tx Paul

[gh2008]

Hi, Ok, what Paul os saying is that there may be a document headed "Nationwide Credit Card Condition" which may included some or all of the prescribed terms which may be linked to your agreement.

 

As they haven't supplied it I would be surprised if it exists.

 

You also should send them Paul's CPR request for info letter

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

Get it off Special Delivery preferably but at least recorded.

[pt2537]

and of course it would need to be from the same time frame as the agreement itself

 

many sets of conditions that they "claim" to be from the same time as agreement have the lower £12.00 fee on them for late payments which blows much of them out of the water as if im right it was 2006 when the OFt order that charges be lowered for credit cards

 

 

so if these Conditions, should the supply them have the prescribed terms then we can have a look over it and hopefully destroy their case

 

SPECIAL DELIVERY ONLY

 

never send such an important document by anything other than the above

[gh2008]

That letter is asking them to send everything they have.

 

If they don't send it, or don't reply, don't worry.

 

Paul specialises in those cases with a superb 'combo' Defence

Basically a defence putting your point across but also saying that it's not really complete because the other side is refusing to give you the information you need

 

SPECIAL DELIVERY ONLY

 

never send such an important document by anything other than the above

 

sorry

 

As they also refer to another document (which you are not agreeing to be bound by - just that you read) as "terms and conditions" later in the document I really would be surprised if the first one exists headed in the form they quote, and even then they would still have to show it to be part of the signature document.

[1stlifeline]

Well, I had a response from them yesterday. Not one I wanted though. Its more like a set of questions.

Its such a strange letter that Im waryof duplicating it on here in case its seen.

They have also said they wont request judgement until Wednesday:(

[pt2537]

 

Hmm,

 

very difficult to know what to say to that, i would be interested to see what they are asking as i cant advise what i would do in this situation until i know what they are saying

[1stlifeline]

They have sent me a copy of the Terms and Conditions dated May 2000 with the reply to the 'request for info' letter .

 

The prescribed terms are on the terms and conditions sheet. I s that enough or do they need to be on the part he signed.

[pt2537]

Erm, well the law is clear, unambiguous and not hard for these financial institutions to follow;)

 

if the written law isn't enough then we have case law which says the prescribed terms must be in the agreement and not in a seperate document

 

so there must be a clear link between the signed application / agreement and the T&Cs for a judge to even have the chance to consider the pros and cons of the case

 

i would really need to have a look at what they sent to be able to say yes or no on its enforceability

[1stlifeline]

Thanks for the reply Paul. Can I please email you the reply they sent to the 'request for info to form a defence letter' I sent them. It was the one gh2008 posted for me courtesy of yourself. I have had a very confusing response to it. Could you look at it if I email or pm it to you. Thanks