Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
28/6/07
Still no defence or paperwork from court. Rang court and they gave me Eversheds number as they had no contact or defence filed. Rang them and they asked what I wanted!!
Told them I need to let them and the court know I was happy with settlement received and to close the matter at court. They have now sent me some paperwork to sign and return. They really were not on the ball on this one!!
They have also got some of the details wrong on the letter they sent me - they said my claim was from Northampton county court. This isn't anywhere near my local court - I guess they just assumed?
28/6/07
Still no defence or paperwork from court. Rang court and they gave me Eversheds number as they had no contact or defence filed. Rang them and they asked what I wanted!!
Told them I need to let them and the court know I was happy with settlement received and to close the matter at court.
WHO said that U had to inform Eversheds personally???
Did they initially ask U to?!
Nationwide, either via Eversheds or any other solicitors, had failed to file a defence at Court + had chosen instead, to Settle Up with U, to your satisfaction.
Once Nationwide had gone beyond the time period that the Court 'theoretically' allowed for the Defence to be submitted, your course of action would have either been to apply to the Court for a 'Judgement by Default', or for U to inform the Court that Nationwide had Settled + that U wished to stop the Court Claim.
The Court would then have informed Nationwide (Eversheds) of your decision.
This is why Eversheds were probably surprised to hear from U personally??!
I would be VERY careful with the wording of any disclaimer that Eversheds may have sent U, + the signing of it, to say that U are satisfied with the amount that Nationwide have Refunded U already.
...Especially as U have stated that U now intend Re-claiming unlawful Penalty Charges from Nationwide for their Credit Card!!!
Well done!!!!!! Nationwide are due to file defence in my action against them by 11 July, not quite as much as yours but every little helps as they say!
My local court told me to ring Eversheds and ask them to send me the paperwork!!
Eversheds letter tome says: "
We are instructed by Nationwide Building Society to act for them in respect of recent claims made against them for refunds of bank charges.
Our client has advised that you recently issued a claim against them (ref.........) in the Northampton county court. We have been notified that you do not wish to proceed with the claim.
Our client has informed us that they have refunded directly to your account the following sum as refund payment:
In view of this please confirm that you no longer intend to proceed with the claim.
Please sign and return at the bottom of this letter and return one copy in the enclosed pre-paid envelope.
Thank you for your co-operation.
Yours etc"
AT THE BOTTOM OF THE LETTER THEY WANT ME TO SIGN:
"I have received payment in respect of the claim (case ref xxxxxxxx) and no longer wish to proceed." Just needs signing and dating.
This seems okay to me as it refers only to this claim?
(Although they have got the court location wrong)
Am I right - is it okay to send it back?
I don't want to jeapodise my Nationwide Credit Card claim as you say.
Any help appreciated - thanks.
...seems okay to me as it refers only to this claim?
(Although they have got the court location wrong)
If the Claim No. is correct, then everything seems fine enough + by signing the disclaimer, it shouldn't come back to haunt U with your Nationwide Credit Card Claim!
mars 32 v NATIONWIDE -- WON
have paid £9884.13 into my account which I now have gained access to!!!!!!!!!!
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Originally Posted by Dinkydoo
