sunnylolly - Diary

[sunnylolly]

Nationwide credit card
Date commenced 16/4/09
Balance £11053.29 (strangely had a credit limit increase a few months ago which surprised us as credit limit poor and have only made minimum payments on all cards for a long time now)
Date last paid 11/6/18 £331.08 minimum payment
Status up to date but won't be able to pay July.
Account owner Nationwide credit card services

Communication

Sent

7/8/18 Letter sent (Citizens advice template) explaining cashflow position, asking for balance outstanding and requesting hold on action for 3 months whilst I work out finances and requesting freeze on interest and charges to stop debt increasing and an explanation if they can't or won't do this.

Have not sent CCA request yet.

17/11/18 - CCA request sent - no response to date (20/12/18)
13/3/19 SAR request sent to Nationwide

Received

17/7/18 letter advising late payment and over credit limit.
17/7/18 Credit card statement Balance now £11477.54
13/8/18 letter advising they will allow a period of 'breathing space' as per letter sent above. They have stopped collections activity for 30 days from letter date. Have included an I&E they want completing and for us to make contact within the 30 days to advise of payment plan etc.,
17/8/18 Notice of Sums in Arrears
17/8/18 Letter re paying more in interest, charges and fees than repayments over past 18 months (credit limit increase @ May 2018)
17/8/18 Statement
17/9/18 Statement
27/9/18 Default Notice
17/10/18 Statement
17/10/18 Notice of Sums in Arrears
23/10/18 Demand for payment
10/11/18 Letter offering opportunity to pay off debt at a one off discounted sum
10/11/18 Letter requesting payment proposal and stating they will consider any offer of payment.
17/11/18 Statement
20/11/18 Final Notice
17/12/18 Letter advising account transferred to Shoosmiths Solicitors and to communicate directly with them.
5/1/19 Letter from Shoosmiths advising if we don't agree suitable terms of repayment they are instructed to issue court proceedings with a view to obtaining a CCJ but their client would prefer to reach an agreement for payment rather than issue court proceedings they state the balance is owing under the terms of a written agreement dated on or around 16th April 2009 and we can request a copy of the agreement etc etc and they want the reply form and financial statement completed and returned 30 days from date of the letter (letter date 2/1/19) Advised that this is letter before action and to respond with non-compliance of CCA request.
8/2/19 letter advising unable to comply with CCA request made by me 17th November 2018 due to not signing letter of authority, returned £1 PO
12/2/19 Letter from Shoosmiths with copy of credit agreement, including first and last statement issued. Wanting I&E and payment proposal within 14 days failure may result in legal action.
15/3/19 Missed call from nationwide
21/3/19 Letter dated 19/3/19 from Nationwide to advise they received SAR request on 14th March, the have all information requested but won't provide telephone calls unless we have specifically requested them and we have to give information on who, what , where, when etc so they can do this. They also won't post information out Hubby has to collect from Nationwide Branch and take proof of delivery as they don't recognise his signature, despite him signing.
21/3/19 Same day as above received, Claim Form received from County Court Business Centre dated 20/3/19 for Nationwide.


Agreement confirmed by Niddy as being UE.

Diana Mayhew Hi Di, can you please advise where to go with this now? Do we need to contact you directly on a paid basis? Happy to do that. Feels like they have issued claim form due to us issuing SAR request, also being awkward about signature on SAR letter and making Hubby go in to collect. He can't drive at the moment so it is difficult for him to go in to Nationwide also wondering if that would be a bit intimidating?

[nightwatch]

I would email Di directly and she will be able to give you more information,

di@joannaconnollysolicitors.co.uk

[sunnylolly]

nightwatch thank you for the quick reply, I will do that.

[Joanna Connolly Solicitors]

Diana Mayhew Hi Di, can you please advise where to go with this now? Do we need to contact you directly

Hello

Is this your or your Hubby's credit card debt?

I can see that Niddy has said that the credit agreement is unenforceable so email that to me at the same time as you send the claim form (only the front page needed).

I'll take a look back at your thread in the meantime to see what's been going on. I note that Nationwide increased your credit limit not so long ago which surprised you.

Di

[sunnylolly]

Hello

Is this your or your Hubby's credit card debt?

I can see that Niddy has said that the credit agreement is unenforceable so email that to me at the same time as you send the claim form (only the front page needed).

I'll take a look back at your thread in the meantime to see what's been going on. I note that Nationwide increased your credit limit not so long ago which surprised you.

Di

Diana Mayhew Done, thank you

[sunnylolly]

Diana Mayhew Done, thank you

Diana Mayhew sorry I said I would update on here! Thanks everyone, nice long chat with Di and getting sorted.

[sunnylolly]

Nationwide credit card
Date commenced 16/4/09
Balance £11053.29 (strangely had a credit limit increase a few months ago which surprised us as credit limit poor and have only made minimum payments on all cards for a long time now)
Date last paid 11/6/18 £331.08 minimum payment
Status up to date but won't be able to pay July.
Account owner Nationwide credit card services

Communication

Sent

7/8/18 Letter sent (Citizens advice template) explaining cashflow position, asking for balance outstanding and requesting hold on action for 3 months whilst I work out finances and requesting freeze on interest and charges to stop debt increasing and an explanation if they can't or won't do this.

Have not sent CCA request yet.

17/11/18 - CCA request sent - no response to date (20/12/18)
13/3/19 SAR request sent to Nationwide

Received

17/7/18 letter advising late payment and over credit limit.
17/7/18 Credit card statement Balance now £11477.54
13/8/18 letter advising they will allow a period of 'breathing space' as per letter sent above. They have stopped collections activity for 30 days from letter date. Have included an I&E they want completing and for us to make contact within the 30 days to advise of payment plan etc.,
17/8/18 Notice of Sums in Arrears
17/8/18 Letter re paying more in interest, charges and fees than repayments over past 18 months (credit limit increase @ May 2018)
17/8/18 Statement
17/9/18 Statement
27/9/18 Default Notice
17/10/18 Statement
17/10/18 Notice of Sums in Arrears
23/10/18 Demand for payment
10/11/18 Letter offering opportunity to pay off debt at a one off discounted sum
10/11/18 Letter requesting payment proposal and stating they will consider any offer of payment.
17/11/18 Statement
20/11/18 Final Notice
17/12/18 Letter advising account transferred to Shoosmiths Solicitors and to communicate directly with them.
5/1/19 Letter from Shoosmiths advising if we don't agree suitable terms of repayment they are instructed to issue court proceedings with a view to obtaining a CCJ but their client would prefer to reach an agreement for payment rather than issue court proceedings they state the balance is owing under the terms of a written agreement dated on or around 16th April 2009 and we can request a copy of the agreement etc etc and they want the reply form and financial statement completed and returned 30 days from date of the letter (letter date 2/1/19) Advised that this is letter before action and to respond with non-compliance of CCA request.
8/2/19 letter advising unable to comply with CCA request made by me 17th November 2018 due to not signing letter of authority, returned £1 PO
12/2/19 Letter from Shoosmiths with copy of credit agreement, including first and last statement issued. Wanting I&E and payment proposal within 14 days failure may result in legal action.
15/3/19 Missed call from nationwide
21/3/19 Letter dated 19/3/19 from Nationwide to advise they received SAR request on 14th March, the have all information requested but won't provide telephone calls unless we have specifically requested them and we have to give information on who, what , where, when etc so they can do this. They also won't post information out Hubby has to collect from Nationwide Branch and take proof of delivery as they don't recognise his signature, despite him signing.
21/3/19 Same day as above received, Claim Form received from County Court Business Centre dated 20/3/19 for Nationwide.
With Di


Agreement confirmed by Niddy as being UE.

Just an update for everyone, that Nationwide have discontinued their court claim on this. Thanks to the lovely Di, Jo and the rest of the team for their patience and expertise also everyone on here for the continued advice. Oscar speech over! 1 down ..........

[nightwatch]

Oooooo well done,

Congratulations to Jo and the team at JCS.
another one bites the dust.

[Warwick65]

One down but it’s a biggy. Well done to you Jo and Di . Nationwide dodged a bullet there, shame. As they say however , a bird in the hand and all that

[Joanna Connolly Solicitors]

Just an update for everyone, that Nationwide have discontinued their court claim on this. Thanks to the lovely Di, Jo and the rest of the team for their patience and expertise also everyone on here for the continued advice. Oscar speech over! 1 down ..........

We were happy to be able to help

This £11k credit card was from 2009 so it shows that it's not only pre-2007 accounts which can defeat a claim.

Well Done!

Di

[Spud]

That is such good news, I do like to hear of each and every success story here on AAD - How fantastic

Very well done to you for holding your nerve and to all those who helped along the way, especially all at JCS

[sunnylolly]

Capital One Credit Card
Date commenced - 13/4/01
Balance £9539.08
Last paid - 25/4/18 £223.84 minimum payment
Have not been able to pay May or June minimum payment due to no income from business
Status - Credit report from Noddle today 1/7/18 shows up to date
Account owner Capital One

Correspondence

Sent
Letter sent (Citizens advice template) explaining cashflow position, asking for balance outstanding and requesting hold on action for 3 months whilst I work out finances and requesting freeze on interest and charges to stop debt increasing and an explanation if they can't or won't do this.

CCA request sent and received by them 10/8/18 - no response received as of yesterday post 22/8/18

Received
No response to letter sent 20/6/18
Letter received 27/6/18 offering to help me get back in control of my finances! Requesting me to complete an income and expenditure form and they will offer me a plan, have to respond within 30 days or complete over the phone. I am not keen on doing either and have not responded yet.

dated 27/6/18 received 2/7/18 confirming balance £9539.08

dated 3/7/18 received 7/7/18 Notice of Sums in Arrears.

Agreement received and sent to Niddy who advises Enforceable.

31/8/18 Letter to advise I will permanently lose use of card if I don't pay or agree payment by 26/9/18
7/9/18 letter dated 3/9/18 Notice of Sums in Arrears including FCA arrears information sheet. Letter also shows a payment of £1 to my account on 16/8/18 which looks like the £1 postal order I sent for CCA request.
2/10/18 letter advising permanent loss of use of card.
29/10/18 Default notice
3/11/18 Notice of sums in arrears
1/12/18 Statement of default
3/12/18 confirmation of default and request to pay in full.
30/8/19 Letter dated 27/8/19 advising debt sold to Lowell Portfolio 1 Ltd on 9/8/19 and they have instructed Lowell Financial Ltd (Lowell) to manage account.
13/9/19 Letter from Lowell requesting payment.
30/9/19 Letter from Lowell requesting payment
8/4/20 Letter from Lowell with 50% discount if paid by 22/4/20
13/5/20 received 19/5/20 Letter from Lowell with 60% discount if paid by 27/5/20

I have only just noticed the offer in the last letter expires today, does anyone have any experience on this type of offer? Is it possible to go to them and negotiate a lower amount? This is quite appealing as it is a big reduction but not the best time amid a pandemic to spare the funds. They do offer payment in full or over 3 instalments whereby the discount is applied on the final instalment but I am not keen on giving them I&E etc which I think they will ask for.

Anyone had similar?

Many thanks

[The Tech Clerk]

why are they offering you large discounts???? think! sure others will be along soon

[sunnylolly]

why are they offering you large discounts???? think! sure others will be along soon

Thanks, yeah it did make me wonder! I have just finished updating and the discount has gone from 20% to 60% each time a deadline passes!

[The Tech Clerk]

Could also be a ploy for you to make contact and statute barred starts again?? Just a thought