Macca v Nationwide

Casiemcdw · 4th September 2007, 12:54

I am trying to help my 19 year old son reclaim nearly £400 from Nationwide.

He originally wrote to them on 27th May 2007 and got the usual "You knew the charges when you signed up..." malarky (actually he was only 16 then - not sure if that counts as he was under age!).

Wrote again on 9th July giving 14 days to respond. Got no response so did a MCOL claim on 3rd August. Received a letter 7th August from Nationwide saying that they were applying for a stay of action.

He received a letter from Northampton County Court saying:

Without hearing it is ordered that:

1) Following the filing of a defence or holding defence the claim shall be stayed pending the judgement in the Office Fair Trading Test.
2) Liberty to apply with an explanation.

Note: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.2 within 14 days of service of this order.

Order dated 29/08/07

Having read loads of stuff on the forum I now realise that the MCOL PoC was inadequate as it didn't include his Account number and also there wasn't enough room to put in all the interest charges as well. In view of the fact that the Nationwide are continuing to charge him penalities and interest, should he apply to amend his claim and add the extra money as well as including his account number? If so, what sort of wording should be used to do this?

He would also like to apply to have the stay removed. I assume that we can append the wording from this forum to the N244 asking to amend the claim?

It is particularly important to him that this is sorted quickly as he is about to start University and wants to apply for a Student Account but is concerned that his problems with the Nationwide will affect his credit rating and therefore reduce his overdraft allowance.

Casiemcdw · 9th September 2007, 13:15

Having looked through the documentation again prior to applying for a removal of stay I noticed that the defence listed on the Defence and Counterclaim form signed on the 22nd August was:

"We intend to defend this claim and will file a full defence within 28 days of the stay of proceedings expiring."

What I found interesting was that the letter from the Court had a date for the order of stay of 29th August. Why was the Nationwide be so sure that the court would issue a stay a week before they did in order for it to become part of their defence statement?

Is it legal if the stay hadn't actually been put in place at the time?

Casiemcdw · 19th September 2007, 16:40

Called the court to ask how to apply to have the stay removed and was told to fill in N244 and append a statement as to why we were appealing - payment not necessary as Judge had given leave to apply. Sent off the forms (statement as found on http://www.consumeractiongroup.co.uk...y-updated.html) and form on 09/09/07 by fax and registered post and have received no response as yet.

In the meantime my son has tried to open a Student Account with a bank and has been refused as well as being advised not to try and open one elsewhere as it will show on his credit report each time.

Not much hair left now - tearing it out in chunks

Casiemcdw · 17th October 2007, 12:22

Is there anyone out there? I don't seem to get any responses to my posts.

My son's appeal against a stay has a hearing at the local court on 23rd October. Does he just read out the statement that was attached to the appeal? Should he be preparing something shorter and less generic? Does he need to bring copies of the European Convention on Human Rights and the Civil Procedure rules for the judge and the defendants?

Please, please could someone help we don't even know what happens when he goes to court.

freakyleaky · 17th October 2007, 19:32

Hi casie. First of all have a read of this thread so you know what you will need to take with you.Bundle for stay hearing
Also have a read of the other links in my signature for information.
I will post a liink for parachute accounts shortly!

freakyleaky · 17th October 2007, 19:40

Here is the link for recomended accounts. Do you need a parachute account?
Also this may be of interest to you GOT A COURT DATE? A guide to the later stages

If you have a look around the forums you will find plenty of people who have attended court recently and have written about their expeirience.
You need to read as much as you can to familiarise yourself with the court process but I am sure you will get on just fine.

Just ask if you need more help! I am certain you will get help alot quicker from now on.

Casiemcdw · 18th October 2007, 10:15

Thanks freakyleaky. My main question is what does my son need to say at the hearing. Does he just read out the skeleton argument or should he have some other speech which is shorter and covers the main points?

freakyleaky · 22nd October 2007, 21:02

The skeleton argument is basically a condensed version of the case. There is a thread in the hsbc forum that you shoud have a read of. I will post a link for you in just a second.

freakyleaky · 22nd October 2007, 21:04

Have a read of the last page or so of this thread ELVIS(not the real one) V. HSBC
Just ask if there is any other problems.

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit	Small Claims Court Guide New Edition	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki N.B. Please note - due to postage costs these products are only available in the U.K.