McWills V Nationwide

[McWILLS]

OK, Story so far.

 

Issued 1st letter to reclaim charges totalling £4595.50 on 23rd March (took this to local branch) received letter saying no sorry not repaying these charges on 31st March. Sent LBA on 7th April by recorded delivery which they received on 10th April. Received another letter exactly they same as before dated 13th April only saying further to our on-line correspondence!! No correspondence has been don this way but never mind they ignored the LBA, so we filed with the court on 14th May deemed served on 16th May and are still waiting for the Acknowledgement of Service which runs out on 30th May, so I wait with baited breath as to if they are going to defend or not, looking at the other threads on here I expect we will receive notice before 30th and will have to wait another 28days for money!!!! Oh we also recevied yet another letter from them dated 17th May exactly the same as the other two saying they wouldn't be repaying the charges, but that was in response to a letter we sent on the 12th May telling them as they had refused to pay the charges we were filing with court as they had had more than the 14 days to reply to the LBA which they received on the 10th April.

[McWILLS]

Ok, received Acknowledgement of Service today and they are defending, Surprise, Surprise. So another 28 days to wait. Keeping a close eye on the account now so fingers crossed.

[Parkvale]

Mcwills, The next stage if they defend. which they normally do. Is that the court will notify you of their defense and send you a copy. The court will send you an AQ which

you will have to fill in and return to the court by the specified date. Cost £100. Good luck. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.htm

[McWILLS]

Thanks Parkvale for that, but how long does the court give you to fill in your AQ and what happens if I fill this in and send it back and then the Nationwide pay up. Can I claim the £100 back from them?

 

Many thanks

 

Karen

[MilkTrayMan]

Hello Karen!

 

The 1st Paragraph at the Top of Page 2 in the following link answers your question Re: Allocation Questionaire...

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex305_0806.pdf

 

...and also the following link will explain the progress that U can further expect to happen...

The defendant disputes all or part of my claim

 

If Nationwide pay up AFTER U have paid your AQ Fee, U are entitled to Claim this Cost back from them.

 

Cos U are Claiming more than £5,000 (...not incl. Interest + Court Fees),

be prepared for your Claim to be transferred to the FAST TRACK.

This procedure is explained in more depth via the following link (...16 pages!)...

Fast track and multi track

 

 

 

Best of luck!...

[taff-p]

Karen..:grin:

[McWILLS]

Okay Hi,

 

I know its late but have been celebrating you see I have checked my account today and have had some MYSTERY CORRECTIONS put into my account totalling the charges outstanding!!!!!!!!!! Cant believe it I have WON!!!! Nationwide have paid out before the deadline of 13th. They have paid the £4,595.50 so far which totalled the charges so just waiting for the interest and court fees now. Can't tell you how I felt when I check my account this morning unbelievable. Many thanks to all those who have helped and I will be making a donation as soon as they put the rest of the money in:D

 

Patience and persurverance wins through in the end and justice to those who wait and believe.

[McWILLS]

Please move my thread to the sucessful claims.

 

Many thanks.

 

Karen

[Parkvale]

congratulations. another fine win.

Please don't forget to fill out the survey. http://www.consumeractiongroup.co.uk/survey.php

[McWILLS]

Thanks Parkvale, I will fill in the survey once they have paid the intereest and court costs as these have not been put in yet, expect they will be put in soon.

 

Otherwise I will be carrying on with the court claim, they have until Wednesday, so not quite over yet........

[Micheboo]

Hi Karen, have they paid you yet because I'm still waiting for my £50 and have you heard from the court yet?

[McWILLS]

Hi Micheboo,

 

I havn't heard from court yet, but have found the interest and court costs have been paid into my other account (which I dont use anymore, and which I wasn't claiming on) very clever, luckily still had a cash card for this account and when I checked the balance, just on a whim there was the rest of my money!! So will be writing to the court to say it has been settled and am going to sent for the last 6 years statements for this account now as I had forgot about it, so really the Nationwide did me a favour about reminding me I had another account and I will be claiming the charges back on this one as well:D

[MilkTrayMan]

...I havn't heard from court yet, but have found the interest and court costs have been paid into my other account (which I dont use anymore, and which I wasn't claiming on) very clever...so really the Nationwide did me a favour about reminding me I had another account and I will be claiming the charges back on this one as well:D

I refer U to the advice that I have posted on Michelboo's Thread earlier tonight (Mon) re: AQ/Settlement.

I would also be mindful that when U Claim on this NEW account, Nationwide may attempt to say that it has ALREADY refunded some of the money that U will be trying to Claim on this account.

 

Methinks that U may need a clarifing letter from Nationwide, stating exactly which Court Claim their recent Credits are for + which accounts they have been paid into??!

 

Perhaps a Recorded Delivery Letter to them stating the amounts of the Credits + the accounts that they have been paid into, are acceptable to U in Full Settlement of your current Claim (...quote Court Case Ref. No. in your letter)??!

 

This may offer U a basis to more easily fight off any swerve balls that they may throw at U during your 2nd Claim??!