MKDP Claim Form Received for Nationwide C/C

[Pumpkinhead]

:-| Hi Everyone. Hope you can help/advise me. I am fairly new to CAG. So far I have sent out several letters requesting true copy of credit card agreements. Here is excerpt of reply from Nationwide.

 

"We're unable to locate the signature sample you provided us when you applied for your credit card. So that we can deal with your request please sign and return the enclosed form with this letter. Once we've received this we will update our records and deal with your request."

 

They have sent a photocopy of a blank credit card agreement, which I see has a document reference of Sept 2008 on it. I took my card out before 2007.

 

Obviously I will not "sign" anything that I send them. But does their letter mean they cannot find my agreement or that they want signed authorisation before they go any further?

 

I've found a template letter on this site I can send if the latter applies.

 

I would welcome some help with this.

[indebtstudent]

It means the latter bascially when you open any kind of account the original document used to be kept. This is costly and requires a lot of storage space.

 

The modern approach is that the documents are scanned so the signiture can be brought up. It seems as though your original is unavailabe and was taken before the scannig process was in operation (no idea of when this started).

 

If a customer sends in a letter the branch staffis supposed to

check the signiture, stamp it siginiture verfied and send it on to head office. They can send it off signiture not verified and this will prompt the sort of letter yo have now.

 

However as you say if they cannot find you signiture, which would be on the agreement, it seems likely they are having difficulty finding the agreement also.

 

I say likely because they may not look for it unless the signiture is verified. Hope this helps.

[indebtstudent]

BTW I know you can provide a sample signiture in the branch but I believe the credit card is outsourced. I can understand your reluctance to provide the signiture as I am fairly sure the 'sample' they refer to would be the same box as you sign to agree to the terms etc.

 

You may have a win there!

[Pumpkinhead]

Thanks for that. I am writing to them asking them to clarify whether they are saying (a) they are unable to locate the agreement or (b) they want a signature in authorisation first. I have included the bit about a signature is not required in terms of the CCA but if for Data Protection Act I can supply evidence of identy.

 

I shall wait and see what happens next.

[Pumpkinhead]

:-| Hi Everyone. I am fairly new to the site and recently sent off to Nat West asking them for a true copy of my CCA. They have replied as follows:

 

"We regret to advise that the agreement has been misfiled and despite searching our records we have been unable to locate it. Regrettably we are unable to comply with your request made under section 78 (1) of the CCA and return your Postal Order. Notwithstanding this agreement remains valid, and we expect you to continue to meet your obligations under the agreement. We should point out that if you cease to make future payments as they fall due we will report the default to the Credit Reference Agencies. Secion 78 (6) "Unenforceable" only prevents us from pursuing recovery of the debt through the courts."

 

Do I just write back and tell them "no agreement, no payments"? Is there a template letter anyone could send me for this. Are they allowed to report the default as they say?

 

I would welcome your help as a payment is due this week.

[newward]

hi there, please refer to my thread, will take a little while to read, but will give you a good chronology of events, and what I am currently doing..

[moneydragon]

Hi

 

I too had the same reply word for word you can see my reply on the thread below

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/110756-nat-west-intrum-justia.html

 

Good luck:)

[davey77]

Seems Natwest has 'mis-filled' a lot of agreements from the responses people seem to be getting these days. Whoops.

[Pumpkinhead]

Time to update on what's been happening and ask for advice please as what I should do next. I have read lots of related threads but still a bit unsure.

 

OK. Back in Feb NatWest advised they didn't have the agreement. I advised them that account therefore in dispute as agreement not enforceable.

 

Lots of standard letters from them and letters from me to them later, I get a call from them on Friday, agreeing they cannot enforce the agreement but that they will be issuing a default notice as it is 3 months since I paid.

 

I complained to OFT in early April and just got reply basically saying they can't do much, but asking for consent to disclose my identity to NatWest should they decide to take some licensing action against them.

 

My questions are:

 

Is is OK for me to sign the form for the OFT? Are they likely to "use" my signature against me?

 

Should I now complain about NatWest to Trading Standards or wait until the Default Notice arrives.

 

Is there some other action I should take now with NatWest before the Default Notice arrives.

 

Your advice and ideas on any suitable letters much appreciated.

[Pumpkinhead]

After asking for a copy of my CCA, NatWest quickly admitted they could not find a copy (misfiled), but still considered that the agreement remained valid and therefore that I should continue to pay.

 

I have not paid. They have chased and I've now received a Default Notice.

 

What should I do now, if anything in response to the Default Notice.

 

Help, advice and ideas greatly appreciated.

[supasnooper]

If the Default Notice was issued under s87 CCA 1974, please could you post up the default notice to see if it is valid

 

Blank out any personal data etc. but leave the dates in.

[Pumpkinhead]

Yes the DN is issued under Section 87 (1) of the CCA. I (hopefully)attach copies of the two documents and welcome your comments. The attachments haven't come out very well I will try and work out how to use photobucket.

 

The date on the letters is 30 April. I received it on 5th May (day before was a BH). It states "that payment must be credited to your account no later than 17 days after the date of the Notice shown above

Edited May 17, 2009 by Pumpkinhead

[Pumpkinhead]

It looks to me as if the DN is valid. I have written a letter of complaint to them saying that they are not entitled to default me as account in dispute. I will also complain to TSA. Is there anything else I should be doing?

[Bincrunched]

Hi Pumpkinhead,

I received a virtual copy of your letter from Crap West, except they told me that they could not enforce repayment of the loan nor could they recreate the agreement as they have 'insufficient details.'

If that is the case, how can they continue to demand any monies?

 

I saw a template letter somewhere on CAG that said something along the lines of : they cannot pass on your personal details to third parties without your express permission, which of course you won't give! particularly as they do not have an agreement with you!

I must try to locate the template their response to me was due to my request under s.77(4) CCA. Even then they didn't respond till I sought a court order!

Not sure what I do now either, but if they can't enforce the agreement through the courts & they can't sell the problem on, I wonder if they will harrass me into submission? let me know if you happen upon the template!

[Jibberish]

Crapwest are Total Nobs...

[Pumpkinhead]

Hi all

Ages since I've been on here but have recently received a Claim Form from MKDP in relation to an old Nationwide credit card agreement. I'm OK with how to respond to the Claim Form and what info I need to request etc but my query is about the validity of the original agreement in relation specifically to the prescribed terms. I think some of them are missing and there may also be the issue that the terms are not all contained in one document.

 

The agreement was signed in the branch and when I sent a CCA request I was sent 3 pieces of paper, 2 of which are attached below. The third page (not attached) is a a form saying For Society Use Only with various completed boxed such as the Decision (Accepted) , the Account Number, Branch Details and Employee who processed it. It is also signed and dated by a Nationwide employee. Interestingly, each page is numbered 1, 2, 3 in the bottom right hand corner and the last page (not attached) also says "Last Page" after the number 3 for the page number, surely indicating that that was all.

 

Rather than me say at this stage what I think is wrong with the document, I'd be grateful to hear views from fellow Caggers to see if it verifies my beliefs.

 

Thanks in anticipation.

 

 

Edited November 27, 2013 by Pumpkinhead

[silverfox1961]

Hi

Not my area so this will give you a gentle nudge onto todays posts

[Pumpkinhead]

Should I repost this to get some feedback or comments