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Please somebody help me
I have just got off the phone with n/wide, they have paid my charges and court costs into account which is still open, with a debt collection agency i specifically asked for court costs and data protection money to be returned to me by cheque which they havent done. the woman i spoke to this am basically said i wont get cheque, money has gone to pay debt, they wont remove default on my credit file and there is a difference between what Nationwide paid and what interest calculator say i am owed only about £20. so i told her that i would carry on with the court process so she said go ahead, iam a worried now
What should i do please advise anybody as i have to return defence form back to the court by 03/08/2007
please read my thread on this under the heading overdrawn accounts and claiming bank charges.
i spoke to a solictor on this as i wanted a cheque too and belived i could ask for it.
legally he said i am entitled to ask for my money to be returned to me.the unfortunate side of this is that he said if i continued with court process if i did not get cheque,is that it may be overruled in a court and be very sticky.the reason for this is that Nationwide would say they have willinly paid monies to you and this has wiped any debts owing to them too.they have not ignored your request.the judge could strike it out as you have been given back the money requested and have repaid your debt to nationwide.it would be a very sticky situation in court and could go either way but solicitor did not want to advise me it was worth the risk in pursuing in court.he said take money agreed and run.
i was owed by nationwide £2130 and o/d was £431.they paid this into my account asked me to withdraw the funds and close the account.
i hope this gives some clrity to the situation,its fustrating as i was lining up all the wthings i could spend money on,but in the end i thought at least its one creditor paid off and still have some cash left over,also i do not have the nightmare of getting court bundles ready etc.
if you need any help pm me but please read my thread.
ej3166
I have spoken to the collections dept at Nationwide a very helpful lady called Jill they have agreed to pay back my court costs and SAR money £60 just need to fax her copy of court receipt and cheque details and they will arrange for me to withdraw money from local branch.
Dont know what to do about default notice
Hi,
My take on your situation (with which I sympathise!) is that you should note what is said by someone above who has taken solicitor's advice in similar situation. When you cannot afford to loose ie risk court decision going wrong way then play safe! On the point of credit history default, you are entitled to contact each credit agency and put your case to them. It costs just a few pounds and at least anyone checking your credit history can see both sides, you can say that in many identical situations people have just got their charges court and interest back, without actually having to attend court (presumably got their default notices removed too) you have just been unlucky. It is amazing what an element of LUCK there is in all this process. I am fighting two cases A & L and Nationwide and they have been uncooperative at every stage. I've also handled the correspondence for my wife (we are separated) in her case against Lloyds TSB. The solicitors said they would fight but never-the-less they paid her back in full without her even needing to send the court bundle etc!!!
Good luck and keep your chin up!