Threats from nastywide

[shellfishb5]

Please somebody help me
I have just got off the phone with n/wide, they have paid my charges and court costs into account which is still open, with a debt collection agency i specifically asked for court costs and data protection money to be returned to me by cheque which they havent done. the woman i spoke to this am basically said i wont get cheque, money has gone to pay debt, they wont remove default on my credit file and there is a difference between what nationwide paid and what interest calculator say i am owed only about £20. so i told her that i would carry on with the court process so she said go ahead, iam a worried now
What should i do please advise anybody as i have to return defence form back to the court by 03/08/2007

[Amy]

Did you have removal of the Default stipulated on your Particulars of Claim?

If the returned money has been paid into an account to repay a debt, then I would say that is a good thing. It's a debt you don't have to worry about now.

Basically, for £20 it is not worth continuing your claim and you should really have used a spreadsheet and not the interest calculator from MSE. So I wouldn't mind betting that you have actually received more money using it than you would have had you used the spreadsheet.

If they have complied with your POC's in all but the form of payment, I would say you should leave it and write to the court to say the claim is settled.

Do you know for sure that the Debt Collector actually owns the debt? You should perhaps send the CCA 1974 letter to check.

[hellhasnofury]

Hello Shellfish,

Am I right in reading that they have taken your Bank Charges, SAR fee and court costs and paid it back to themselves.

Was this an overdraft facility or a loan. Did you send a CCA request and get a credit agreement from them?? Did you agree to do have the penality charges paid into the account? or was that their decision.

The court cost and the sar fee, was money that they have taken without your permission, so the words theft and fraud spring to mind.

Have you reported them to any authorities, such as OFT or FOS.

Personally I would not let them away with this cheeky bleeders

They do like to think that they can control everything

[shellfishb5]

Amy
Yes i did speculate that i wanted default removed on the POC.
I didnt put on the POC about court costs and sar fee repaid to me but had spoken to n/wide with regards this and they told me it was ok.

[shellfishb5]

Hellhasnofury
thanks for your post
i was happy for charges and interest to be paid back into acct
I had asked n/wide to return sar and court costs to be returned to me by cheque but not it on the POC.
I cant use OFT because i have taken court action
should i continue with court process, n/wide has told me to carry on because i will lose

[Amy]

Is the default on your credit file specifically as a result of these charges?

[shellfishb5]

Amy
this acct was sent to debt collectors and i agreed to pay off so much each month to clear debt. It wasnt untill recently last summer when i got a credit report did i notice that nationwide had put put a default notice on my credit file.

[Amy]

Yes, I understand that, but if the default is not a direct result of the charges they applied to your account (for instance if you did not pay) then they won't remove it.

[shellfishb5]

Amy
I did not know about the default until i got a copy of my credit report, my ex wife and i got into financial problems, so we stopped using acct and it went to debt collection agency and i agreed payment with them which i am still paying 2day.
I have spoken to N/wide collections dept 2day and they have agreed to pay back my court costs and sar i just have to fax them a copy of receipt of court costs and details of the cheque i sent for sar.

[Kafka]

shell

How does the amount of charges add up by the date the default was filed?

If the charges applied EXCEED the amount that the default was filed for (on that date), then you have a case for seeking removal of the default too.

[hellhasnofury]

shell

How does the amount of charges add up by the date the default was filed?

If the charges applied EXCEED the amount that the default was filed for (on that date), then you have a case for seeking removal of the default too.

Wow my thoughts exactly

[Nattie]

I remember that exact wording stated which i believe legally a case can be argued. That means if you are defaulted for say £300.00 and the charges come to £400 then the default removal can be argued. However if the amount is £400 and the charges are £300 then you would be unable to get the default removed.

[Kafka]

yes Nattie

Shell - you need to check your credit file, which should tell you the date the default was registered and the precise amount at the time.
Then its a question of whether the penalty charges before that date exceed the default figure.

[hellhasnofury]

yes Nattie

Shell - you need to check your credit file, which should tell you the date the default was registered and the precise amount at the time.
Then its a question of whether the penalty charges before that date exceed the default figure.

Hello Shell,

Did you received a default notice letter from them It is a legal requirement

[shellfishb5]

thanks everyone for your input

hellhasnofury i dont recall getting a default notice as i said i didnt know about the default until i got a credit report last july.