Nationwide Vs Carolan78

[MilkTrayMan]

Hi carolan78!

Originally Posted by BankFodder

...Have they placed any defaults on your credit file?

Originally Posted by carolan78

I am assuming they have but don't have any form of credit/debit card to check my file...

Here is a link to the Experian webpage where it explains how to go about sending them the statutory £2 fee and getting a one-off copy of your Credit File held by them by post.

Originally Posted by carolan78

...No default notice has arrived though, I haven't even recieved an account saying they were closing my account down, I just stopped using it and transfered all payments and direct debits into another account.

Although you haven't specifically mentioned that your NEW current account is with another 'bank' carolan78, it can only be assumed that it is?
I say this because banks have to right to debit money from one account to offset an alleged debt accrued in another account that a person has with that same bank.

Some banks have even been known to secretly open and run 'shadow' accounts that people are unaware of, even if a person assumes that an account has been closed.
The following link is an example of such, that an old friend of mine is admirably and tenaciously getting to the bottom of to his credit.

walton v rbos

Originally Posted by carolan78

...I have had letters off DCA's who I stupidly contacted via telephone reiterating the debt is solely made up of unlawful charges and they have then stopped getting in touch. I haven't heard anything for over 6 months.

Originally Posted by carolan78

No at no time do I recall a default notice been sent to me, just statements (with charges for the following month on the back page), letters informing me I was overdraw (unauthorised) and then DCA letters.

Which DCA's have you received letters from?
Nationwide tend to initially use their own 'in-house' DCA.

Originally Posted by carolan78

The account was a basic flex account with no credit facilities or debit card, if this helps at all.

As someone who still has a Nationwide basic flexaccount, even after 3yrs since falling foul of a unilaterally and unexpectedly cancelled Authorised O/D on an all singing and dancing Debit Card flexaccount at the time, I wasn't aware that it was possible to be 'allowed' to go overdrawn.

Although you would be the Defendant in your particular case carolan78, the following Thread contains some further links which you may also find useful...

http://www.consumeractiongroup.co.uk...ationwide.html

[carolan78]

Thank you Milk Tray man yes I do bank elsewhere now. I wasn't aware this account could ever go into arrears either but I guess its ok for it to be in negative figures if it is their charges they are taking.

Not sure which debt collectors it was I haven't heard a thing since my little boy was tiny and he is now 18 months old. Will go have a look at your links.

[carolan78]

Just a quick update got a letter yesterday saying Nationwide have recived my Subject access request and payment...so it's a waiting game for that now. I have a feeling I will be filing a defence without it!

[carolan78]

Recieved another letter saying they can't send info to my address due to no trace...all mail has arrived as far as I am aware so did their court papers! Will get them to send it to a local branch instead, seriously doubt it will arrive in time for my defence now lol

[carolan78]

I have drafted a reply to Nationwides Data protection team. Hope this shows them I will fight them all the way

Dear Sir/Madam

I acknowledge receipt of your letter 01st July 2009 informing me your unable to make your data disclosure to my account address.

There is absolutely no reason why you should not be able to do this. You have succeeded in sending me an acknowledgment at this address, your solicitors have managed to send a county court claim at this address and I consider that you are simply attempting to obstruct my data request and to avoid your statutory obligations in order to frustrate my likely defence and counter claim to your court action against me.

Further more I have become aware you have sent similar no trace letters to other Nationwide customers who have requested data disclosures from you and who you are suing in the county court. It is clear that your no trace letters are merely a tactic.

If you feel that you are no longer able to trust your systems or the post in the way that you clearly have done in all other correspondence to me then I think it is up to you to use some private courier system at your expense.

Please note that if there are any delays in providing me with my data disclosure then on the first occasion I shall apply to the court for an adjournment on the grounds that you are in breach of your statutory duties and if you continue then on the second occasion I will simply ask the court to order you to complete the data disclosure and also to pay my costs for that application.

I shall also produce to the court “no trace” letters which other customers have also received and I am sure the court will be struck by the remarkable convince that when you sue your customers and they ask for data disclosures that you routinely send out no trace letters in order to provide obsacals to their legitimate data disclosure requests.

Regards

[Smiles008]

have read this, thx and just one thing, last para - shouldnt convince be conincidence ?, hope this helps and thx

[carolan78]

Yes it should lol will change it now...it's not sent yet thankfully

[Smiles008]

sorry, just trying to help but last para i think you meant obstacles, ive changed mine and just off to post, cheers

order to provide obsacals to their

[Smiles008]

hi,

have you filed a holding defence yet ? i have done a brief search of the groups and they all seem fairly case-specific...

good luck

[carolan78]

I am about to file now but need some claification from someone more seasoned lol

Do I click yes to counterclaim now without and use estimated figures or put in the counter claim at a later date when I have recieved the Subject access request back :s

[carolan78]

Defence is now filed...let the fun begin

[Smiles008]

Hi,

thx for your comments. Is yours a holding defence ? Can you share with me what you wrote please ? No-one has offered me a holding defence and i cant seem to find one on the site, am i not looking hard enough ? Cheers

[carolan78]

This is the defence I used

It is denied that the defendant is indebted to the claimant as alleged or at all.
The defendant has no knowledge of any agreement to repay in instalments as alleged by the claimant and puts the claimant to proof of any such agreement.
The alleged debt is comprised wholly of charges and interest levied in respect of failed checks or direct debits etc.
The defendant relied on the claimant’s integrity and expertise that the charges were lawfully due.
The defendant now understands that these charges are invalid as they are excessive and unfair under the Unfair Terms in Consumer Contracts Regulations 1999.
The defendant has served A Data Protection Act request for disclosure of all data upon the claimant.
The defendant reserves the right to amend this defence and also to file a counterclaim against the claimant in respect of all charges levied during the history of the account, once the claimant has complied with their statutory data disclosure obligations.

[carolan78]

Recieve ackknowledgment for my defence from the court. Still nothing from Nationwide for my Subject access request so it is back to the waiting game.

[carolan78]

Nationwide have surprised me apparently my Subject access request is ready to collect from branch, not what I asked for but at least they have provided it on time. They still can not get the basics correct, the letter is dated 31st July and they are saying I can collect on the 1st July (I am assuming this should be August).

I can't wait to see what the final figures are from all the charges, I may just have heart failure when I see the final figure!

[carolan78]

Mmmm just read they need to obtain my signiture too, I do not wish to give them this so how do I stand?

[carolan78]

Anyone any advice?

[BankFodder]

I don' think that you need to worry about them misusing your signature. If this kind of thing does happen, it is unlikely to happen with this kind of organisation. I should just go ahead and obtain your data if I were you. Then you need to react very quickly to any shortfalls which you perceive they have made in the disclosure.

[carolan78]

Ok will go for it this afternoon

[Smiles008]

good luck, let us know what information you got, within reason of course, did u get copies of your cca for instance or just statements, laters