shoosmiths/nationwide/me court case

[sculpture]

hi all, i've got a court case coming up, they want to get a ccj against me, but i'm fighting it, i made an ATM withdrawl which took me over my overdraft last year the same day the nationwide took out their charges, now, to me, i should have not been able to get any money out due to insufficient funds and using this as my case blaming their computer system, which wont allow DD's to be paid when there is insufficient funds available, yet allows this to happen, also, due to debt i took their advice and registered with the CCCS debt management charity, which Nationwide back in someway, but they refuse to accept the debt management plans offered, saying the payment is not enough, which i also think is morally wrong, how can they back something and not accept what they offer, also i seem to recall see a banking code on this site about they cant charge you when they are at fault, am i correct ?
Has anybody got anymore ideas or info which i can use to win this case please. thanks.

[Docman]

How far have Shoos gone with the claim and how much do they want?

[sculpture]

Hi Docman, the case is on the 15/08, they want £1300, i admit £900 cuz that was my overdraft limit, the rest i contest due to their comp programming, its all charges, thats why we're going to the courts and they also mentioned a charging order on my house if i sell, they are already being paid by the CCCS from what i pay to them, they dont like the pro rata issue, they want to be top of the queue, although they take the payments made,
got any ideas ?, i noticed on here that i can ask for all their info on me and the case to help my own defence, is that correct, as i will have to work fast, only got a couple of weeks left, to be honest if i lose i'm not all that bothered as they wont be any better off, i just want to state my case in court as i'm really miffed with the nationwide for refusing to admit their comp program is at fault, but it would be brill to win and prove it.
Also, my other creditors are happy to accept the repayment plans and suspend interest.
The Nationwide also cancelled my overdraft on my 2nd account due to insufficient funds going into the 1st account when it came up for review, demanding instant repayment of over £400, which is also being paid through the CCCS, they suspended the 1st account anyway, this is the 1 we're going to court about. Both accounts are being paid by instalments through the CCCS,

[Docman]

Hi sculpture,

You can either fight the case or try to settle but which ever route you choose, there is a few basic step you should take. Make sure you acknowledge service of the court claim, if you haven't done so already.

If you wish to contest the claim you either admit the amount you owe and make an offer to pay or you disagree with the claim and counterclaim for the amount of the unlawful charges. Both these options are on the form (N1) you received from the court.

With option 1, you either have to pay the amount you owe or the court can enter judgment against you. If you haven't put up a strong argument, NW could persude the judge to allow the full amount including the charges.

With option 2, the matter would be decided by the court at a later date. Snag is you have to pay a fee with a counterclaim unless you are on low income or benefits. You need to state that you are countering claiming for the amount of unlawful charges. At the moment, NW will not want to press the issue and will either want to do a deal or they will ask the court for a stay - which will be granted at present.

In short, you can either accept defeat and hope NW will accept your offer or you have to put your money where your mouth is, so to speak.

[sculpture]

HI Docman, so even though thier computer system allowed me to withdraw money against insufficient funds i can still lose, even though when it comes to a DD it stops it and they charge me, thier computer system has a gliche and we pay for it, THAT STINKS, if it hadnt been for thier excessive charges i wouldnt be in this situation, that particular month cost me £240 in charges, well if i lose i lose, the CCCS have told me they will only get the same as i pay them now per month anyway, due to my earnings, only direct to them and not through the CCCS, anyway i'm claiming my unlawful charges back, all £3000+ of it.
Well, with the current recession i think there will be thousands more people in this situation, god help everyone ! EXCEPT THE CONIVING BANKS