Nationwide Credit Card

[Riz]

Re: Nationwide Credit Card

Nationwide can be a bit trigger happy on going for a CCJ and subsequent charging order sometimes, but sounds like they would be more than abit foolish to try in this case.

[Sweety200]

Re: Nationwide Credit Card

Fo you think ? On what ground ? Get so confused by the enforceability aspect of an application form as am i right in saying now the lender can just send current terms and conditions to comply under cca request ?

[CleverClogs (RIP)]

Re: Nationwide Credit Card

Hi thanks for replying. No when i went on a payment plan 2 years ago thry froze the interest. They told me nationwide only accept pp for no longer than 5 years therefore would only accept minimum 75 a month, which I have paid until last month when I paid 50.

The rapacious buggers!

My last cca request was 3 yrs ago. I had numerous letters back and forth challenging the validity of the priority application form and they confirmed this was my cca.,

It may indeed be your signed application form and it may even be legible but, without the Terms and Conditions applicable when you entered into the agreement, they have not satisfied your request.

Fo you think ? On what ground ? Get so confused by the enforceability aspect of an application form as am i right in saying now the lender can just send current terms and conditions to comply under cca request ?

Succinctly: No.

They will probably send current Terms and Conditions which will probably comply with current law but, until and unless they supply a readily legible copy of the Terms and Conditions under which you entered into the agreement, it would be difficult to determine whether or not the agreement had been properly executed. See section 61 (link) of the Consumer Credit Act 1974.

That is why the s78 request asks for a copy of the executed agreement rather than just an application form.

[Sweety200]

Re: Nationwide Credit Card

So what shall i do next ?

[nightwatch]

Re: Nationwide Credit Card

Morning Sweety

hope you got some sleep
I know it can get very confusing with all the questions being asked, but the more we know the more we can understand your situation and hopefully put you and not Nationwide in control of this debt xx
you should not have to struggle to pay back this debt, you are entitled to a life, being in debt is not a crime

there are some fantastic people on this site,with lots of wide ranging experience of all ways that we can help get you back in control of your life,

we are all volunteers and get no monetary reward, we do it because we have been there done that bought the T shirt and done the bus tour,( the book is still being written)
I hope that we can be of some help to you

NW xx

[Sweety200]

Re: Nationwide Credit Card

Thank you so much. Cant tell u hiw reassuring it is to know there can be a way out. Also my mortgage still in both names so if charge was placed it would be a Restriction. Is that right ? Is so what happens ?

[nightwatch]

Re: Nationwide Credit Card

I am not so clued up on restrictions but I believe that if a charging order is granted that they cannot force the sale of the property, only put a restriction on it, that means if you sell the property you are *supposed* to tell them and pay them back.
but don't worry about that unless it happens, then some one with more knowledge than me will surely give you more information.
You seem to be know about a lot of things, have you been researching on line?
I know I did, that's how I found AAD

[SXGuy]

Re: Nationwide Credit Card

So if they are still applying interest, and only held the interest when you were in a payment arrangement. Have that actually sent you a default notice before? Others please jump in a correct me if im wrong or missed something, but it sounds to me like they haven't defaulted yet, which is why interest is still being added.

If theres no default, theres no termination. So how can they even try to apply for a CCJ or restriction, if neither CCA 78 has been complied with or the account has not been terminated?

The amount your repaying sounds way to high. This needs to be reduced, without them gaining a CCJ.

[Sweety200]

Re: Nationwide Credit Card

Yes. Been researching online as once ive git my teeth into something thats it. Just unsure where i stand as i get confused at the point of what is legally acceptable as a cca in the eyes of the court. For example in my case they have only sent a one sided copy of my applucation form which states a previous account number. No prescribed terms and coditions etc howver some sitescsay this is acceptble yet some say it is unenfirceable so until i clarify thisvi am stuck between a rock and a hard place. So confusing !!!

[Undercover Elsa]

Re: Nationwide Credit Card

As Harry Hill would say, only one way to find out!
Could you send a copy of what they sent in response to your CCA Request to Never-in-Doubt, our administrator and CCA guru. Don't edit it at all, it's perfectly safe, only he will see it.

Don't upload it to this thread, go here: http://forums.all-about-debt.co.uk/f...?do=form&fid=4

Let's see whether it's enforceable or not before you decide how to proceed

Elsa x

[Sweety200]

Re: Nationwide Credit Card

Brilliant. Its in workvso will ipload tomorrow. Thanks xx

[Never-In-Doubt]

Re: Nationwide Credit Card

Brilliant. Its in workvso will ipload tomorrow. Thanks xx

If you can email me an unedited copy that'd be brilliant - webmaster@all-about-debt.co.uk

You're quite safe, we are fully DPA registered.

[Sweety200]

Re: Nationwide Credit Card

Hi hope you had a good xmas. Can u believe it cannot find the copy application form. Ive just spoken to nationwide and they are to aend me a copy out. They still insist this priority application form is suffice for my cca and that if a previous account number is shown on this form, which in my case it is, again this is enough to pursue via the court for a new visa account. As soon as its received i will upload x

[nightwatch]

Re: Nationwide Credit Card

Hi sweety, dear sweety please do not speak to them on the phone unless you can record the call,as they have just convinced you that they sent you a compilable CCA and you are now worrying that it could go to court, this is their intention , scare them senseless and get them to pay what they can't afford,.
we try to keep every thing in writing so that you have a paper trail if it should be needed.
So please , no more talking to them on the phone, if they do phone you, fail the security questions and tell them you want every thing in writing only.
If it was to get to court ( and that is a BIG IF) they could say you offered to pay them the moon, but without proof it would be your word against theirs.
Yes they can say that it is the same account but the number was changed for x reasons, that is why we ask for a copy of the original agreement as it must have the terms and conditions on when the account was opened,
please send it to Niddy when you receive it.
could you also keep trying to find the original one they sent you as it may be that now you have told them about the mistakes on the first one they may change the one they now send out.( another reason we don't talk on the phone)
please don't take this as a "telling off" It is just some advice to help keep you in control and not them,

Hope you and your family had a great Christmas, wishing you all you hope for in this New Year xxxx
NW

[Sweety200]

Re: Nationwide Credit Card

Thanks fir the advice. I am so naive at times !!!