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Hi all, I know this is not relevant to A&L but this is where i was successful in reclaiming my charges from A&L.
A friend of mine has been going through the process with the Northern Rock now for sometime, after they did not reply to any of the court documents he entered judgement, they soon replied to that and have now applied to have it set aside. A hearing date has been given but they have since wrote to him asking for his consent to the judgement being set aside without the need for a hearing. As far as I am aware all of these hearings go in the banks favour anyway so should he consent to this or hold out for the hearing? He has asked my advise but although I was successful I never had to deal with anything like this.
I am no expert in this area, but a couple of thoughts come to mind.
Northern Rock have no intention of defending this claim they are seeking to delay settling as long as possible.
They are not likely to be asking this for your benefit !!
I would hold out for the hearing, put them to as much inconvenience as possible. Make sure you provide the judge with information concerning all other cases that NR have settled, there is at least one in the spreadsheet of settled cases. You may find examples of others in the threads. Tell NR that you will be asking asking the judge to require them to disclose all other cases pending or settled as you believe they are merely abusing the court process to delay settlement or in fact obstruct you from asserting your rights.
Why should they set aside if they have no intention of defending anyway.
I am no expert and I'm sure someone with more knowledge experience will contribute here as well, I'll watch with interest
Good luck .................
There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.
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Thank you for the speedy responce, I appreciate it. My friend did not know any one else had attempted this with NR, it is reasurring to know he isn't the only one!
NR have enclosed a copy of the defence they intend to use and even I think it doent look the best! They are also saying the reason they didn't respond to any of the original court documents is that they were mis-filed, astonishing they are using such a poor excuse!
I'm not sure how much info may be available on NR cases, but I understand they are part of the National Australia Group which includes Yorkshire Bank and Clydesdale Bank. Has the defence been prepared by Clydesdale Legal Services?
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Application to set aside judgement
now for sometime, after they did not reply to any of the court documents he entered judgement, they soon replied to that and have now applied to have it set aside
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