Shoosmiths/KPR/Nationwide credit card harrassment

[angryandy]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[sams88]

Hi Andy

 

I must have miscalculated my date as I sent the Account in Dispute letter at the end of last week.

Does this mean I need to resend??

[sams88]

Hi, I have un update!!!

Received a letter form Shoosmiths yesterday (13/10) informing me thatNationwide are offering me a one off opportunity to give me a significant discount if I settle the account.

 

They obviously still do not realise I have no money!!!

 

They have asked me to call to discuss.

 

As usual, any advice very gratefully received!!!

 

(Still no sign of original documentation)

 

Sam

[Blondmusic]

Do not phone them as they will try to bully you into paying. They obviously dont have the agreement otherwise they wouldnot be offering a discount. Just wait and see.

[sams88]

Thanks blondmusic.

 

Should I just ignore it altogether or put something in writing??

[Blondmusic]

I think it would be best to ignore them for now. Someone with more knowledge should be able to tell you for sure.

[Docman]

Hi Sam

 

I've read your thread and also the comment you left on the other thread about the Unenforcable cases being stayed.

 

Whilst sometimes it may be best to ignore certain letters and threats, I would recommend responding to letters from solicitors like Shoos, if only to be able to show at a later stage that you did not ignore them.

 

I agree that the 'offer' smacks of desparation in that they probably haven't got the valid agreement they need to get a CCJ. I suggest a reply to Shoos along the lines of ' I will consider your clients offer if they would send me a copy of the original signed agreement'. Don't make any counter offer at this stage and certainly don't accept.

[sams88]

Hi

 

Many Thanks for the advice, I really appreciate it. Letter going in post today, will post an update when I hear back from them!

[sams88]

Hi, a brief update on my thread. I sent letter to Shoosmiths basically saying what Docman advised. In the meantime I received another letter from Nationwide (2nd one) advising they cant send CCA request as I didnt sign letter. I have resent letter I sent before from here regarding no signature which Im presuming I am right to do?

Is this still worth pursuing with them with all thats going on in the news about unenforceable paperwork???

[Docman]

Nationwide's stance on a signature on a SAR is a typical delaying tactic. They claim they need a signature to 'identify' you as the data subject. Of course, that ignores the inconvenient fact that they have probably been writing to you at your address demanding money for some time. Are they saying they didn't check they were writing to the correct person BEFORE sending their threars? Bet not.

 

Personally, I squiggle my initials above my printed name on letters to banks DCAs etc. It looks nothing like my normal signature that I have provided to the banks etc on CCAs. Guess how may refusals I have had due to the wrong signature - ZERO! So much for checking identity.

[sams88]

Exactly!! They didnt verify it was me when I entered into the payment plan with them! So what happens if I just put my initials on the letter but it doesnt match what it on the agreement (if they actually have it?)

[Docman]

As far as I can tell, nothing. There is no legal requirement to sign a SAR. If you do so but can state that you recogise the initial squiggle as your mark, I can't see any wrong. Twenty years ago, I worked for a court offical who signed all court documents with a litle squiggle. It was only when I left the office and he signed my leaving card that I realised that he had a 'real' signature.

 

The problem, if any, is for Nationwide. If they check and see the squiggle does not match the signature on their file, then they should query the signature with you. You can then re-sign with other protections but honestly, I doubt they will notice.

[sams88]

Hi All,

 

Received from Shoosmiths yesterdsy (Sat).

A copy of my credit card application which was completed by myself in JAn 1998, along with a copy of their terms & conditions. I will try & put up on here but cant always get access to a scanner.

They have offerd me a reduced rate to settle before18th November (which I obviously cant do) or they will start legal proceedings!!!

 

All advice gratefully received!!

 

Thanks all.

[Docman]

Can you post up the application form and the terms & conditions without your peronal identifiers and then we can all see and comment?

[sams88]

Will post up at lunchtime, when I can get use of a scanner! Thanks Docman.

 

I hope this is readable!!!

Sorry I had lots of trouble attaching!!!

 

Hi, I dont think the attatchment is readable? Will try again later

 

Hope This One Is Better

 

Im guessing nobody has managed to have a look at this yet.

Im now thinking do I just hand everything to CCCS but after reading another post I still dont think they would stop action if I was paying a reduced amount.

[Blondmusic]

Try uploading it with Photobucket. Sign up for a free photobucket account, upload the picture to photobucket then copy and paste the picture link on here.

[sams88]

[Docman]

It looks like Nationwide's standard APPLICATIO FORM. No prescribed terms at all. No wonder they made an offer of a reduction. Are the terms & conditions the ones current at the time of you signed the application. If so, is there any link between the two documents?

 

Otherwise, I suggst you have a choice:

1. Decide what amount you can afford to pay NOW and offer this as a full & final settlement. Make sure you mark your letter WITHOUT Prejudice.

2. Write back to Shoos to thank them for the copy of an application form and ask the to send the credit agreement (cheeky)

3. Write back to Shoos to thank them for the copy of an application form and then sit back and wait to they waste their money going to court with an unenforceable agreement.

[sams88]

Hi Docman, I have no idea if the terms and conditions are the same, they are just stapled together & have no dates or anything relating myself of the account together?

 

Is there an official-ish letter I can send?

I cant make an offer as I dont think they would take a couple of hundred quid!!!

[babybear39]

It looks like Nationwide's standard APPLICATIO FORM. No prescribed terms at all. No wonder they made an offer of a reduction. Are the terms & conditions the ones current at the time of you signed the application. If so, is there any link between the two documents?

 

Otherwise, I suggst you have a choice:

1. Decide what amount you can afford to pay NOW and offer this as a full & final settlement. Make sure you mark your letter WITHOUT Prejudice.

2. Write back to Shoos to thank them for the copy of an application form and ask the to send the credit agreement (cheeky)

3. Write back to Shoos to thank them for the copy of an application form and then sit back and wait to they waste their money going to court with an unenforceable agreement.

 

NEVER use without prejudice as the letter cannot be used in any possible court action unless agreed to by both parties!

[Docman]

BB

 

Puzzled as to why the letter shold not be without prejudice? Surley at this stage an offer should not be binding, especially as it looks like the agreement does not comply with the CCA?

[Docman]

Hi Docman, I have no idea if the terms and conditions are the same, they are just stapled together & have no dates or anything relating myself of the account together?

 

Do they make any reference to the Financial Ombudsman Service [FOS]?

[babybear39]

Which is exactly why it shouln't be marked 'without prejudice'.

[sams88]

In the terms & conditions?

[Docman]

Yes. They should tell you what to do is you are not satisfied with the way Nationwide have dealt with a compliant. FOS only came into being in 2001, after you made the application. If the Terms make reference to FOS, then they can't be the ones around at the time you signed.