nationwide

[volvo]

Re: nationwide

Thanks Curlyben

Just worried as i had received a request from Morgan Solicitors (in-house) via Cabot regarding a Bank One Int Ltd account originally from Bank One Intl Ltd and taken over by Halifax and passed to Intrum Jusdtitia who tyhen returned account to OC and then sold to Cabot.

All that has been supplied to date is a Bank One application form with no prescribed terms signed by me with no original T & C;s accompianed with Halifax T & C dated some years later after they took over thre account.

Even the original Defaault Notice from Bank One did not comply with regulations, in that it did not comply by only dictating 14 days from notice received., not from receipt.!!! ie: no date

a CCA request via Intrum Justitia on 16.05.07 via BanK One which remains in default to non supply of Executed AGREEMENT WITH PRESCRIBED TERMS and the terms and conditions supplied refer to Halifax and not the original creditor Bank One Inl.

Wouild really love a template style letter to send Morgans (Cabot)

VOLVO

[dizzyking]

Re: nationwide

Hi all, have not posted on here for a while, but since the last time, I have received the SAR, and it consists of duplicate bank statements from may 2002, the copy of tthe application form that i originaly posted, 11 pages of customer comments and activities, copies of several letter sent and received, and a 60 page guide to account information.
But still no agreement, the nearest they have got is the application form which I did sign, and that is also signed by nationwide employee.
could someone let me know what my next step could be now.
I have been making a token payment towards this account and have never missed, but i have now received a letter from KPR debt collection.

any feedback would be more than welcome.

[charitynjw]

Re: nationwide

KPR is Nationwide

http://www.ico.gov.uk/ESDWebPages/search.asp

& search KPR Debt Collection

[dizzyking]

Re: nationwide

Ok will do, thanks for that info.

[dizzyking]

Re: nationwide

I have had a letter from Nationwide

we are in the process of migrating all requests for information under the consumer credit act 1974 to our legal department. Unfortunately this is taking longer than we originally anticipated and until this process is complete, we are unable to provide the documentation that you have requested. However, we expect to be able to respond to your request in full in due course. We will pend this request, and respond to you at the earliest opportunity possible. Please accept our apologies for any inconvenience this may cause you.
We can confirm that until we are in a position to respond to you in full we will not seek to enforce the Agreement, in accourdance with the legal interpretations of 'enforcement' in the case of McGuffick v RBS(2009) EWHC 2386 (comm).
In the light of the above, we consider that it would bee unreasonable to issue proceedings in this matter at the current time.

As I have already received the SAR and there was no agreement included only an application form, are they likely to have that agreement hidden away elsewhere, as they are suggesting.
Should I just wait for them to get back to me. I am still making my token payments every month.

[Amethyst]

Re: nationwide

Probably your request has gone off to their 'recreation' department after the Carey judgment Keep up the token payments.

[dizzyking]

Re: nationwide

does that mean they are going to put one together and send it to me.

[Amethyst]

Re: nationwide

Its a possibility certainly. It must be a proper reconstruction tho - it cant just be an invention.

Enforcement wise, it should stop the DCA hassling you,and they won't take court action on the debt whilst they sort out the documents, although it wont stop any reporting onto your credit file.

[dizzyking]

Re: nationwide

credit file is shot to bits anyway, so one more entry makes no difference.
thats something that i will have to deal with at a later date.

[dizzyking]

Re: nationwide

I have had the SAR on this account and there was no agreement included, surely they cannot reconstruct something that did not exist to start with.

[charitynjw]

Re: nationwide

I have had the SAR on this account and there was no agreement included, surely they cannot reconstruct something that did not exist to start with.

Can you positively prove this? (IMO, from 'Carey', you cannot prove the inference from just a failure to provide you with an exact copy of the original - you need to offer further proof [your burden]).
I hope someone can prove me wrong.

Para 234 (8)
http://www.judiciary.gov.uk/docs/jud...rey-v-hsbc.pdf

[dizzyking]

Re: nationwide

I do still have my copy of the original application form.

[dizzyking]

Re: nationwide

update on this case, still making token payments, and have never missed a month, this has been going on since august 2009. NEVER have received the agreement that they were looking for, but have recently started to get phone calls again from KPR. Not sure where I stand with this, what should I do now. I had a letter from nationwide saying they would not looked to enforce this account until they had given me the information they have asked for, and they have not. How long should I keep paying these token payments. is there any kind of time limit that I need to know.