hanging my head in shame

Lyndatp25

Can I just say I much I have enjoyed (if that's the word to use when I am reading about someone else's misery) Worried Jim's diary.

What a confident person you have become now! What a difference from the first posting you made. I look to see what you have posted every time I log in because I enjoy your writing so much.

worried_jim

Lynda your kind words are greatly appreciated .Nobody has ever said that they enjoy my writing before, when I reread some of the stuff I've banged out and banged on about I smile and shake my head. I have found this whole process truly liberating and good fun, I have picked up so many things along the way on this thread and others. I love the wind up threads (belive its called trolling) and can't resist adding to them, many posts have added to my well being such as post number 432 by rubyslipper. I've even had book recommendations from other threads (although wasn't as good a read as I had hoped ), put a claim in for bank charges, started a diet and genrelly felt a part of something bigger.
I am truly hooked to this site and have to admitt that I am amazed and thankful that this thread has been viewed 28406 times with over 400 entry's, in November I will read from scratch the entire thread and almost give "a state of the union"- a work in progress. Jim x.

dotstar24

jim, your postings have been very amusing to me....keep it up mate xxx

Merlinexcalibur

Edited: modern prometheus is better than what I said. Apart from that I am just any old iron.

GeorgeUK

Jim, if anyone from this company does show up at your door, they have as much right to enter the premises or remove property as the paperboy. Ask them to leave - if they don't then they are trespassing.

As suggested, give payplan a call on Monday - they will probably ask that you send them a copy of the letter. There is a letter somewhere on the board about requesting they don't visit, but i don't think this was on the standard template thread. If you do a search, you should be able to find it okay.

Don't worry about this too much. If they have been appointed by Nationwide, Payplan will make them the same offer the same amount you are currently offering. If they want to take you to court, then a judge may grant a CCJ, but it would be based on your available income, which is what the DMP is doing anyway.

If this Nationwide account is for a creditcard or loan, you may be able to request a copy of the credit agreement to see if the debt is actually enforcable or not. Have you had a default notice for this account? There would need to have been a default issued before any court action could be taken - if they start proceedings without issuing a default notice, then this would be your defence. Not that we like messing them around or anything...

worried_jim

I have been advised on another thread to use this template letter-

Dear Sir/Madam

Re:− Account/Reference Number: XXXXXXXXX

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request.

We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

Apparently this would prevent nationwide from coming to the property and to also send this letter to Charles Howard & Partners -

Do NOT call them, they'll try and bully you, you have NO reason to call them, send them the following letter by recorded delivery, and stick one on your front door!!

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully/sincerely

worried_jim

This is getting a little deep now, I love the thought of firing off my own letters and from what I gather others have had great satisfaction in doing so. I must offer great thanks to member 10past6 -http://forums.moneysavingexpert.com/showthread.html?p=20180291&highlight=worried+jim#post20180291
who has helped and advised with the template letters.

GeorgeUK

Jim, do you have any bank charges that you could reclaim from Nationwide? If so, it may be better to do a subject access request rather than send the CCA letter. When replying to a CCA request, they do not need to provide a copy of the credit agreement with your signature on it, but with a SAR, they do. If you have charges that you can reclaim back you can request the transaction details at the same time as a copy of the credit agreement (if the agreement was made before 6th April 2007), which would be worth the extra cost. CCA request costs £1, SAR costs £10.

worried_jim

The nationwide product is a credit card not a bank account although if possible I may follow your advice.

GeorgeUK

Any penalty charges, they are not supposed to make a profit on. Can't believe the letter etc cost them even £12, unless they are asking the branch staff to hand deliver them. As a credit card falls under the Consumer Credit Act, you can still request a copy of the credit agreement too.