Nationwide credit card - no valid cca

[Endoftheroad]

I had a credit card with Nationwide for over 10 years, and always managed to pay it. Unfortunately in 2012, I had a breakdown after I had two cars stolen in a creeper burglary, inside 6 months. I informed Nationwide, that I was off work sick, and that I would try to pay as much as I could. After a few months they started harassing me with letters/phone calls. I sent in my income/expenditure which included mortgage arrears. They didn't accept my payments, so I asked them for a CCA, which they sent me twice, and it was an application form. Once I had replied that they hadn't complied with my request, ,they initiated court proceedings. A solicitor was assigned to bring me to court. I received a intention to take me to court, unless I paid in full. I complained to the FOS, and the proceedings stopped until the complaint had been finished
I awaited the decision, and have an email from Nationwide stating that they would wait until the decision was with them.
I received the decision which I didn't agree with but unbeknown to me, the solicitor had went again to court to get a CCJ against me, earlier this year, and I didn't get a chance to defend myself, and now they have sent me an intention to enforce the CCJ within 7 days.
I had spoken to payplan who manage an old DMP and they said they would add Nationwide to the plan.

Can I go back to the CCA not being provided, or is it too late? At my wits end. thank you:beagle:

[Endoftheroad]

Re: Nationwide credit card - no valid cca

Payplan have said they cannot help with a court claim and to go somewhere like CAB, I only have 10 days, less now. to answer my case in court. Call themselves a debt help company.aw:

[nemesis45]

Re: Nationwide credit card - no valid cca

Hi,
I a judgement has been made already it completely supercedes the original agreement.

Have you moved since the FOS decision or during the period from 2012 to date., which may have resulted in the court claim pack being sent to a previous address?

Which solicitor is involved with this, have you received the Judgement Order from the court or the solicitor?

nem

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Re: Nationwide credit card - no valid cca

Received from the solicitor all paperwork and then the notice from trust.org. I decided to try and get this added to my dmp with a token payment to begin with, and I also pleaded with Nationwide. Payplan offered Nationwide the token payment, and showed my budget etc, they have taken the payment,, but got a letter from solicitor saying that Nationwide are continuing with legal action, and have told me to continue paying them £20 each month, and if I can't then a token payment would do

[nemesis45]

Re: Nationwide credit card - no valid cca

Let's get back to the agreement/application form we need to know what was provided with this, if NW claim this is a "reconstituted "

agreement is must have all of the following:

1. Your name and address as it was when the account was opened.
2. The Creditors name and address at the time the account was opened.
3. The Ts & Cs at the time the account was opened.
4. The Ts & Cs at the time the account was closed.
5. Any other documents mentioned in the Ts & Cs.

nem

[Endoftheroad]

Re: Nationwide credit card - no valid cca

Nationwide sent me twice a copy of my application and a copy of their terms and conditions that you can get in a leaflet displayed in the bank

[nemesis45]

Re: Nationwide credit card - no valid cca

Then if that's all that was provided it does not comply with a CCA request and does not meet
the requirements of a " reconstituted " agreement.

nem

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Re: Nationwide credit card - no valid cca

I know and when I told them, they started legal action

[nemesis45]

Re: Nationwide credit card - no valid cca

You have a judgment by default?
A solicitor cannot " just go to court and get a CCJ against you"!

A claim would have been issued, you would have had the chance to
acknowledge the claim, and intention to defend the claim, did you
receive the court forms?

[Endoftheroad]

Re: Nationwide credit card - no valid cca

I did receive a sheet of paper that I would have ticked to say whether I was going to contest it, but there was a warning, that if I did that, I would be liable for courts costs. I contacted the solicitor and Nationwide, and had a complaint with the FOS, so nothing was done until nearly a year later, when I got the default decree from Registry Trust. I didn't even know that it was at court, no date or anything

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Re: Nationwide credit card - no valid cca

I now have a letter from solicitors in Belfast to say they are going for the charging order on my joiintly owned property, but say that Nationwide will accept my offer of payment So why are they going for the charging order, and I thought in Northern IReland they could only go for the charging order within 3 months of the intention to enforce the jugement

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Re: Nationwide credit card - no valid cca

I have to now attend the EJO office on 27/7 to arrange a payment. Considering that there is no valid CCA,, can they still do this, as I am in an arrangement already with NW.
Please can I stay this meeting until the FOS decision comes back? I looked back at the documentation that the solicitor and courts sent me and it was first raised in June 2014, they waited until Jan 2015 to go to court and get the default judgement without prior notice to me, this was nearly a year later. Do they not have to do this within a certain time limit, as I would have had to do? Also has this gone passed any point in me bringing the solicitors letters agreeing to the arrangement with me to the EJO. I am really afraid of what is going to happen, as they haven't got the agreement, and therefore how can they enforce the payment plus £500.