Nationwide/MKDP

[jon1965]

I would value any opinions please

Nationwide current account that had some working tax credits paid into it incorrectly (i.e not for me). I spent the money total £332.96 , nationwide then took the money out plunging me into overdraft. For the next few months they charged me £20 a month +_interest total £74.6 . I then started making payments, the current balance is 218.55 so by my calculations I have paid back £190 (more than I thought TBH)

On 7th July 2009 they issued what I think is a defective DN.
Date 7th July
provision breached -going into OD and failing to bring it back
Action required repay the OD in full (no amount) and return all cards , cheques etc
date required 21st July

Anyway they have sold it to MKDP and I sent a letter amongst other things asking for the DOA . After several months I have had a reply with statements, copy of DN etc

Obviously they want their money but I am not working (living on student loan and grant)
As I see it my options are
1) pay the full amount outstanding £218.55 (not happening)
2) Make an offer of about £143 ( 332 -190 already paid) -not really an option but possible
3) Make a lower F&F say £20 but going up to say £50 , can be done
4) Write back saying sod off , the DN is defective and you are screwed or polite words to that effect and also quoting the old FMOTL lord Denning ruling
5) Ignore totally


I would appreciate some opinions

It will not be SB until sometime in early 2018 as I was making payments

[nemesis45]

Re: Nationwide/MKDP

MKDP will not worry about an historical defective DN, but are unlikely to go much further than constant pressure for payment.
The Denning ruling and in fact any FMOTL twaddle will get the contempt it deserves I think.
Make the low F&F offer MKDP just might want it off there books.

[jon1965]

Re: Nationwide/MKDP

Thanks
I can deal with constant pressure for payment and as for the defective DN well that's up to them however it is, in my opinion so defective as to make the debt unenforceable . With regard to the Denning ruling, as far as I know it has legal standing so is not exactly twaddle although I admit that to my knowledge no DCA has complied pre litigation. I did use it as part of my complaint to the FOS about another DCA and both accounts have been written off.

[ODC]

Re: Nationwide/MKDP

MKDP are now down to ringing me about once a month. I never answer and the letters have stopped

[nemesis45]

Re: Nationwide/MKDP

I've seen a few " low value" MKDP debts settled for very small percentages of the outstanding amount recently.

[jon1965]

Re: Nationwide/MKDP

Well I have decided to take on Nationwide owing to the time lag in-between the credits going in and the reversal ( more than 2 weeks) . According to BACS it should be done within 24 hours and after that it can't be done if the money isn't there. So my claim is that nationwide should refund everything to put me back into the position that I was in prior to the reversal.

[nemesis45]

Re: Nationwide/MKDP

Yes I agree.
Worth a try.

[jon1965]

Re: Nationwide/MKDP

Interesting phone call
Yes I know about phone calls but no promises were made etc
Nationwide called and first off claimed that the payments were recalled by the DWP as they were allowed to , I pointed out that they were taken back under sundries and about 4 weeks after the event . I also said if it had been the same day or even the following day I could have understood it. I also said I had been pressurised into making payments (True-it was before I knew better) and that I only found out all these details when MKDP sent me the bank statements. I also dropped in the bit about a meltdown and still not working -again all true.
She then said she would have to go away and investigate further , such fun

[nemesis45]

Re: Nationwide/MKDP

Your assumptions in post #6 are correct, you should be at no advantage or disadvantage because of this.

[jon1965]

Re: Nationwide/MKDP

I have had the adjudicators decision and it has not been upheld. In addition they have refused to remove the charges. What is my next move, do I reject the decision and ask for the ombudsman to look at it?

[nemesis45]

Re: Nationwide/MKDP

I have had the adjudicators decision and it has not been upheld. In addition they have refused to remove the charges. What is my next move, do I reject the decision and ask for the ombudsman to look at it?

Was this raised as a Formal Complaint if so NW should have sent you the FOS booklet and pointed you to your right to complain to the Ombudsman.

I suggest you do go to FOS make sure you have the evidence in order.

nem

[jon1965]

Re: Nationwide/MKDP

It has gone to the ombudsman and the adjudicator has not upheld my complaint - I know I can refuse an adjudicators decision and get it escalated but not sure how

[nemesis45]

Re: Nationwide/MKDP

You request that your complaint is put before an Ombudsman. (see FOS Site).

nem

[jon1965]

Re: Nationwide/MKDP

Now escalated

[nemesis45]

Re: Nationwide/MKDP

It's worrying that more and more adjudicator decisions have to be referred to an Ombudsman.
Many decision at the first level are inadequate and ill considered., if this is due to the volume
of complaints or inadequate training or both it's difficult to know.

nem