Section 75 CCA & Statutory Demands

woody63

Hi can anyone advise or comment on my problem! OK back in 2007 signed a contract for a service with a migration company, paid the fees £10k on my Nationwide Credit Card (Therein the protection of the Section 75) From here becomes the problem, initially nationwide accepted & asked me to accumulate the costs & losses & submit them to them, which I did, they then decided it wasn't a section 75 declined to pay & told me to go the the FOS (Financial Ombudsman Service) worst mistake I ever made !!!
After two & a half years the ombudsman finally found in my favour, after twice stating I was in breach of contract with the company, I got a Canadian Immigration Lawyer (Infact he was a QC) to provide a legal opinion which totally blew both the ombudsman & Nationwide's arguments out of the water.
Which I don't think went down very well with the FOS as the Ombudsman then had to change his initial decision, anyway he made a very poor job of the consequential losses I submitted they gave me the wrong advise regarding my legal options which the Indepent Assessor criticised them for, but the IA cannot overturn the ombudsmans decision, infact as I have found out to my cost no one can (they are a law to themselves) so I declined the punitive offer, but I cannot afford to go down the lines of expensive litigation, bearing in mind that twice during the whole fiasco I have been on the point of bankrupcy.
Anyway my credit was destroyed by nationwide credit card & it took me nearly three years to even hold a UK bank account again, & that was because I threatened the company who Nationwide sold the initial debt to with defamation of character, who promptly sold the debt back to nationwide & within a month removed all of my detrimental credit from the three main credit agencies.
So since this all happened I have written to nationwide twice recorded mail to ask them to renegotiate the losses they owe me, but they refuse to answer my letters, so where do I go? I have been told to serve a statutory demand on nationwide, but can anybody give me some advise or leaders on what to do, be much appreciated :mad:

chanz4

Pay for legal advice, this is only a forum

DevCoder

As chanz4 says you need proper (paid) legal advice


Also can you substantiate what losses you have incurred as a result of this (not losses you "might" have incurred, i.e. turned down credit because of credit checks which you couldn't positively identify as being refused because of Nationwide).

If you could afford a QC to take you this far then you need that kind of service to see it out.

chattychappy

Well, you can't really issue a Statutory Demand. No doubt they will say the amount is in dispute. You need to establish your claim first - by way of litigation it seems. If you cannot afford legal representation, then you can do it yourself. Warn Nationwide first and then issue a claim form. This might prompt them into making an offer to settle.

badlucklady

Yes, what an idiot, I know I just did not see the OPT OUT option whereby you have to cancel your "trial product" within fourteen days to try and prevent them from using your debit card monthly by deducting £79.95 every 3 to 4 weeks. Of course contacting them to cancel is impossible, and the bank just shrugs and says, oh dear we had better cancel your debit card but this might not stop them accessing your account? Help - anyone in the same boat had any success in claiming monies back?

woody63

Thanks for the replies, in answer to some of the questions posed, firstly the Canadian QC was a one off payment of $500 to produce a written legal opinion that confirmed what five canadian government officials had already stated but what the FOS chose to ignore since 2009.
All the losses can be substantiated by the way of credit card payments, itemised bills & letters from the company, emails & taped telephone calls all of which prompted the decision making processes & the failings in the service provided costing us greater losses than if the service had been cancelled & refunded immediately.
Nationwide provided a written confirmation of agreeing to settle the claim & the FOS confirmed in writing Nationwides' admission of liability