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Please help - question re cca 1974 in preparing my defence


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Hi wondered if anyone could give me some guidance on this matter. Nationwide have issued a court claim for a credit card debt of approx £3k. I have filed an embarassed defence to date and today received allocation questionaire. I am going to argue that the agreement is unenforcable on basis of not having pescribed terms within 4 corners of agreement however another line of defence is in relation to the agreement having lapsed. The DN is ok.

 

Brief history is took card out in 2000 used it briefly - I think 18-24months then paid the whole thing off. I think I received a new card when the original expired and statements now and then but did not use it. Then in 2009 received letter offering balance transfer - phoned them and tfr £3500. They then sent new cards. This is the debt they are claiming. Docman has been helping me so far but wondered if anyone knew of anybody else that has put in a defence along similar lines and is there something in the cca 1974 to say that after a period of time an unused card/agreement lapses?

 

Many thanks

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are you sure the default is ok?

 

most ones i see say " 23 days of the date of this notice" which is far from ok

 

Also Nationwide are very quick to avoid the OFT responsible lending guidance and litigate against people, so there may well be issues you can raise

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Hi pt2537 thank you for replying to my post. The DN is posted up on my other thread - please would you be able to look at it and also my post today regarding the AQ. Many thanks Patty

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?299470-Nationwide-issue-court-claim&p=3371874&highlight=#post3371874

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