New and confused

[samsmum]

Re: New and confused

Thanks a lot . Will get that sent off. Fingers crossed

[Never-In-Doubt]

Re: New and confused

OVERDRAFT with Nationwide B/S
2008
£800
NOT PAYING
Last interest paid 06/08/2011 now changed bank acc
Default date:14/02/2012
08/08/2013....Letter from Arc.We have conducted a search with Land Registry and understand you own your property. Next course of action may be to issue a court claim and obtain a charging order.However even at this late stage our client will give you a final opportunity to settle before court. We can offer a substantial discount in next 14 days

I would try sending this to Arc and see what that does - attach a copy of the original OD CCA Request you sent on 20 May 2013. Lets see what that does, they may say f*ck you and issue a claim but at worst you admit it and agree to a repayment. Lets try, no harm in sending this as a gentle reminder of their error....

Dear Sirs,

Ref: XXXXXXXX

I refer to previous correspondence and in particular my request for information under the provisions of The Consumer Credit (EU Directive) Regulations 2010; and also c.39 (s.74 (A&B) (VA)) CCA(1974). In particular, s.74A(2) states that the current account agreement must include the following information at the time it is made:

(a) the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b) any conditions applicable to that rate,
(c) any reference rate on which that rate is based,
(d) information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e) any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).

I formally requested a copy of the required documents that should have been sent to me annually by Nationwide Building Society and am to date still awaiting such documents. None of the above information has ever been sent to me.

Until such time as I am in receipt of the requested information, this account cannot be enforced and remains in an unenforceable position because the basic underlying principles of legislation are being ignored. I attach a copy of my original request again, and hope that this time you'll take me more seriously and actually send out historical data as required within the legislative statute that is the Consumer Credit Act (1974).

I look forward to your response within the next 28 days with the requested information. Finally, please note that if you decide to ignore my dispute and attempt enforcement, I will defend any legal action and file reports with the appropriate authorities including, but not limited to, the Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and of course, consider possible court action.

Yours faithfully,


Sign Digitally

[garlok]

Re: New and confused

cheers mate. See if there's any funds for F&F then we'll go for one before involving solicitors. Obv I've referred a bit Josies way and we need to manage time/cases lol.

But if they play hard-ball or there are funds then sure, Josie will get a message

OK mate, that's fine understand the position.

regards
G

[garlok]

Re: New and confused

Wish we did but no, will have to be monthly repayments on this one i'm afraid

That's a bit of a b****r, sorry. The best thing is to wait for Niddy's responses on this as he has suggested. It is not unknown at a later date for them to make some offer when you are on a payment arrangement so that opens the door to negotiation at the very least if times get any better. Best of luck with this, yeah?

regards
G

[samsmum]

Re: New and confused

PM'd you .Thanks

[Never-In-Doubt]

Re: New and confused

Wish we did but no, will have to be monthly repayments on this one i'm afraid

Its fine I didn't think so after the last couple of shitty claims etc. ok, leave it with us for today. I'm busy most of tomorrow but will be around this time and will login and sort a suitable response to send back. Can you clarify, are you in a relationship and both earning/working? If you'd rather PM that's fine but I need to know the basics as I think it might be worth arguing one last time for the cca with an offer at the end, only if they drop the balance.

Finally, how much of the -£800 OD have you used? ie when you last used it were you £300 OD and the bank added £500 in charges?

Thanks.

[samsmum]

Re: New and confused

Hiya

As picked up by Garlok - do you happen to have maybe £400 to make a F&F? If not no worries, but let me know.

Dont reply or agree to anything yet.

Wish we did but no, will have to be monthly repayments on this one i'm afraid

[Never-In-Doubt]

Re: New and confused

Hi Mate,

Just got back and picked this up on the second pass. Have a quick word with Josie888. I know this is not normal policy but she might have a take on an F & F if Samsmum can put something together now or in near future. Despite the latter day subsequent fight with the OC and DCA we did get it sorted at 10% in the end. Account still owned by OC as well. There are risks but --------

regards
G

cheers mate. See if there's any funds for F&F then we'll go for one before involving solicitors. Obv I've referred a bit Josies way and we need to manage time/cases lol.

But if they play hard-ball or there are funds then sure, Josie will get a message

[Never-In-Doubt]

Re: New and confused

Thanks for replying. I think the option with the least stress is a monthly repayment. We always knew this was the most likely outcome for this so it's not come out the blue. Thanks for just telling me it is like it is. Still got plenty of others left to fight

Hiya

As picked up by Garlok - do you happen to have maybe £400 to make a F&F? If not no worries, but let me know.

Dont reply or agree to anything yet.

[garlok]

Re: New and confused

Hiya did you see my post above? It's an OD from 2008 so we really can't fight this anymore actually. Not really sure there is much I can do, they know that you're snookered and so will push like mad to get repaid. It's entirely your risk whether you try and take the gamble of them not taking action based on the small debt or whether you quit this one and agree to a repayment. Sadly, it's the only two options I can think of right now and I need you to think about which option you think best suits you and then we'll look at "what next"....

Hi Mate,

Just got back and picked this up on the second pass. Have a quick word with Josie888. I know this is not normal policy but she might have a take on an F & F if Samsmum can put something together now or in near future. Despite the latter day subsequent fight with the OC and DCA we did get it sorted at 10% in the end. Account still owned by OC as well. There are risks but --------

regards
G

[samsmum]

Re: New and confused

Thanks for replying. I think the option with the least stress is a monthly repayment. We always knew this was the most likely outcome for this so it's not come out the blue. Thanks for just telling me it is like it is. Still got plenty of others left to fight

[Never-In-Doubt]

Re: New and confused

Hiya

Just realised this - is this an overdraft that commenced in 2008? Can you clarify...?

Hiya did you see my post above? It's an OD from 2008 so we really can't fight this anymore actually. Not really sure there is much I can do, they know that you're snookered and so will push like mad to get repaid. It's entirely your risk whether you try and take the gamble of them not taking action based on the small debt or whether you quit this one and agree to a repayment. Sadly, it's the only two options I can think of right now and I need you to think about which option you think best suits you and then we'll look at "what next"....

[Never-In-Doubt]

Re: New and confused

Oooops really sorry. Have had a lot on lately.

Ill login first thing and sort this. My apologies

Just remember it is an OD so no promises....

[samsmum]

Re: New and confused

Hold fire. I'll sort you a reply in morning. Just remind me if I forget

Just reminding you about this. Thanks :-)

[Miss Muddled]

Re: New and confused

Here's the reminder,sorry it's late. Another day another drama. Hubby got carjacked at traffic lights last night and forced to drive 40 miles til the guy fell asleep and he could ring the police. Trying not to be paranoid but some ******* has really got it in for us this year

Hi samsmum
So glad Hubby ok and most importantly safe. here's hoping they catch the ******* . It must have been a nightmare for him, he certainly did do the right thing. to all your family.