MKDP & nationwide credit card debt Defective DN/TN?

[vint1954]

Hi stagparty.

 

They have got themselves into a pickle.

 

1. The default notice is faulty in that it does not give you 14 clear days for service. Stick to your guns that it was second class, better if you have kept the envelope. Not overly important as by mentioning 14 days from date of letter, it could never be complient. There is a problem also in the form of the text BEFORE THE DATE SHOWN. This should stand out from the surrounding text by being bolder or underlined or both. The final and bigest nail in their coffin is demanding the full ballance in the DN. They can only demand the sums needed to rectify the breach, arrears and over limit sums.

 

2. Following the july DN, you then need to look for a term of termination. These will be a letter stating termination or a further demand for the ballance in full. Do you have any such letters?

 

This will be the kind of letter that you would have sent them in August , when you realised what they had done.

 

Dear xxxxxxxxxxxx,

 

Re account no xxxxxxxxxxxx Unlawful Rescission.

 

I refer to your Default Notice dated xxxxxxxx 2009, received by me on xxx 4 days after date on DN 2009 and your subsequent termination of the agreement by demanding the balance in full. I would add that these actions were taken by you, while the account was and remains in serious dispute, owing to your failure to properly respond to my request under s78 of the CCA 1974.

 

The default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect. Your actions resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. These actions by you, have resulted in you unlawfully rescinding the alleged agreement.

 

I confirm previous acceptance of your unlawful rescission of the agreement and I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and I would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission

 

 

Yours sincerely

 

This will be backed up by your ceasing payments around that time, so when asked how you accepted the unlawful termination, you can answer in writing and by stopping payments.

 

If this is indeed what occured, you need to write to Carters, explaining that despite your best efforts, Nationwide refused to complete your CCA request and while in dispute they issued a DN.

 

Tell them also that you accepted their unlawful rescission of the agreement on xx august 2009 in writing and that they have no cause to contact you regarding the account, let alone attempt to seek a judgement from a court. Let them work it out.

Edited January 28, 2010 by vint1954

[vint1954]

Vint - unfortunately I have not, as yet, brought up the defective DN with NW or Carters etc. Would it be too late to do so now? For what it's worth I stopped paying in August 2009.

 

My rational was if they didn't have a compliant agreement (or hadn't complied with the CCA request) then I didn't konw how I could accept a termination.

Well the DN defence is the strongest one. You may have sent that letter in August? But you need to have accepted the unlawfull rescission for the defective DN to be of any use. Dont tell them anything about the DN at this stage, unless you are just refering to the letter above, if you know what I mean.

[vint1954]

I need to check my other files I guess to see if I misfiled it.

I think that is a good idea. Have you had any other letters asking for the ballance in full or closing your acount.

[vint1954]

KPR wrote and demanded payment saying that the account had been passed to them in August.

 

If that was for full payment then there it is. Your letter was probably a week or so after that. If not send it now.

 

They then wrote and offered a discount on the balance for a one off payment.

 

Account is now terminated unlawfully. Go away please

 

I then got a "Final Notice" from KPR in Sept stating a total outstanding balance

 

Got a letter from Freds demanding immediate payment with the full balance shown

 

Got a letter before action from Freds showing the full balance and how they intend to inflate the debt with costs etc

 

Got another LBA from them

 

Got a letter saying I hadn't made an acceptable repayment proposal

 

Nationwide though are still sending statements adding late fees and overlimit fees to the account.

 

No account to add them to.

 

I'd say by demanding the full balance on the DN and by demanding the return of the card on the DN and by issuing solicitors letters and giving an ultimatum of pay or be sued by a certain date their actions would lead a reasonable person to assume that they have terminated the account.

 

Just a little

 

What do you think?

Send the letter to Carters. You must be bemused as heck having sent that acceptance letter.

 

Mention also that they have no cause for action due to DN and your acceptance in August of their unlawful rescission and that to proceed to court after this event and now that you have alerted them to the situation, could well be concidered an abuse of process and also that this will be brought to the courts attention.

Edited January 28, 2010 by vint1954

[vint1954]

That to me is the same level of termination as death itself.

[vint1954]

Thanks for the PM's Stagpart. If you update this thread with your latest comms from NW, we can all see them.

[vint1954]

You need to bang home the facts. As DB says, they have fallen foul of s87-88 therefor unlawfully rescinded on termination.

 

In all honesty, that is all you need to advise them.

 

You are bemussed to receive their continuing communications as the account no longer endures. The OC has unlawfully rescinded the agreement, the details of which are none of their concern. End of story.

 

You are still waiting for the OC to respond to your request for a true ballance of arrears at the time they unlawfully rescinded, against which you will be claiming for unlawful termination.

 

You have got to a stage now, UR, don't complicate it and get into diversive arguments.

[vint1954]

I would just hit them with the facts, not bother with explaining s87 to them. Yourr argument is with Nationwide.

[vint1954]

Something along those lines