Shas V Nationwide, C/O,

[shas]

Re: Shas V Nationwide, C/O,

There is a cca... I have emailed it to you.

As for the variation order.... the court said that I did it... so my dmc must of. I'm just on the phone to them now trying to find out!

[Amethyst]

Re: Shas V Nationwide, C/O,

Cool.

[shas]

Re: Shas V Nationwide, C/O,

The dmc says that they didn't do the variation order & that the creditor (nationwide) would of done it.

[Amethyst]

Re: Shas V Nationwide, C/O,

You phoning nationwide now then?

So Nationwide supposedly applied to the court to amend a forthwith order to a £13 a month order ?


oh yes as far as I can see that agreement(application form with no APR etc on) is unenforceable, did they send you the terms with it at all ?

[shas]

Re: Shas V Nationwide, C/O,

You phoning nationwide now then? Do you want me to?

So Nationwide supposedly applied to the court to amend a forthwith order to a £13 a month order ? apparently.....


oh yes as far as I can see that agreement(application form with no APR etc on) is unenforceable, did they send you the terms with it at all ?

the credit agreement wasn't sent out via my cca request. I found it in my sar info....the completed application form & direct debit mandate are behind it...no terms have been found in the sar bundle as yet.....
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not sure if this is useful or useless info.......

20/3/09 on the charging order application.... the reason for applying is because the the judgement or order did not provide for payment by instalments.... did they knowingly omit instalments from the ccj in order to get a c/o? & how did the instalments get omitted from the c/o when the only reason they applied for a c/o was because the instalments were missing???? Then a variation order was put in place to allow for instalments... Can the allowing of instalments be genuinely forgotton on all of these occasions? Because it seems a bit absurd to me....I wouldnt want to pay a solicitor who hadnt done their job properly 1st time ie them being missed off the ccj, the c/o , & then a variation order because they were omitted from the c/o... Is omitting instalments feasible or was it strategy do you think?






29/5/09... I have a letter from Drydens to Debt release direct which says that their offer of payment falls some way below their mandate for accepting instalment arrangements & that they have been instructed to close their file accordingly & refer the account back to nationwide.

[Happyolddog]

Re: Shas V Nationwide, C/O,

Thanks!

The court details do say that I was issued with a credit card with a credit limit of x amount... which is incorrect. I was given a much lower limit & they kept upping it. not sure it its relevant x

If they never asked you if you needed more credit or assesed your ability to repay them, then you have grounds that the lender acted unresponsibly and preditory and it was their fault you got into arrears. Did you ever discuss with them the extended lending limits?

[shas]

Re: Shas V Nationwide, C/O,

If they never asked you if you needed more credit or assesed your ability to repay them, then you have grounds that the lender acted unresponsibly and preditory and it was their fault you got into arrears. Did you ever discuss with them the extended lending limits?

I dont think I did... no. I wouldnt ask them direct...if there was an option of messaging them via the online banking system.... I might of done that...

The 1st statement they included is dated 09/01/2003. The CL is £2500.

[Happyolddog]

Re: Shas V Nationwide, C/O,

As I see it they have broken the law, the Consumer Credit Act sets out very strict guidelines for the content and format of all Credit Card, Loan and other Financial Agreements, that must be followed by all Lenders in this Country. So they have broken the rules on irresponsible lending and the debt is unenforcable, unless they can prove otherwise. Read in here

[shas]

Re: Shas V Nationwide, C/O,

I will take a look & have a read. Thankyou.

I've just looked through my sar bundle & can't see any terms of agreement included... there are 8 accounts in the bundle & there arent any for any of them!

[Happyolddog]

Re: Shas V Nationwide, C/O,

I will take a look & have a read. Thankyou.

I've just looked through my sar bundle & can't see any terms of agreement included... there are 8 accounts in the bundle & there arent any for any of them!

No agreements, no assesments of your ability to repay them were done so these are unenforcable debts.
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here is a snippit of what is law: The Consumer Credit Act 1974 (as amended) lays down certain things; one of which is that if a body corporate allows you to buy something but does not require full payment immediately but rather allows you to pay in installments, it IS a credit arrangement and therefore IS regulated by the consumer credit act. (A bit circular but you'll see the effect in a moment). Further, the Act states that ALL credit must be backed up by a "properly executed agreement" (i.e. signed by both parties) in a form prescribed by the Act - which states the amount lent, the interest and charges, the full amount to be repaid etc etc etc (or in the case of "running account" credit like catalogues, current account overdrafts etc, it just needs to show the interest and charges). Any credit arrangement NOT covered by an agreement in this very strict form cannot be enforced in a Court - which essentially means that the debt does not exist.

[shas]

Re: Shas V Nationwide, C/O,

Thanks cous!

Not all 8 accounts are debts lol. I am still named on the joint flex account as ex has an iva & cant mess about with bank ac or something...

What I did notice was that I havent used the joint account yet when investigating my credit card debt there is a comment about my ie from the dmc & that I am actually buying stuff from B&Q & LCFC. I can only assume that thats the ex spending & he has thousands paid into the account. On 1 note it says that they are checking the current ac everyday to claw back for my cc a/c.... shouldnt they of checked who was spending (& paying in) the money before making the comment??

[Happyolddog]

Re: Shas V Nationwide, C/O,

shouldnt they of checked who was spending (& paying in) the money before making the comment??

Definitely they should, are they aware that you and the OH are ex?

[shas]

Re: Shas V Nationwide, C/O,

They should be!
The dmc would of told them & I told them when they came out for a doorstep 'visit'....

[Amethyst]

Re: Shas V Nationwide, C/O,

Why is it still a joint account ?

get yourself off it, they give you form and you get ex to sign it and he gets it all in his name.

[shas]

Re: Shas V Nationwide, C/O,

Why is it still a joint account ?

get yourself off it, they give you form and you get ex to sign it and he gets it all in his name.

Ok I will.
Ex said previously that he was told accounts couldnt change whilst he was in an iva.... so I left it. He's going to go into nationwide on monday & will pick up a form.