Hi, new-ish. Young V Nationwide

[Bev77]

I've spoken to the court this morning and they have received my AQ (I know they have, I took it there myself!). It seems that a judge has seen it and made an order, but he couldn't tell what the order was. Also Nationwide received an AQ, but have failed to return theirs.

 

So the clerk thinks it could be a few things:-

 

-The judge has requested a hearing

-The judge has requested more time for them to file their AQ or to try to resolve the matter one more time

-The judge could have ruled in my favour as they haven't filed their AQ.

 

He said that I should receive something within the next few days from the court, hopefully by the end of next week.

 

So that's it then, just sit and wait for Mr Postie!

[redsue]

fingers crossed for you bev77 - keep us posted

[Guest Partypip]

oh no !!! This is like reading a book and the last page being ripped out lol.

 

Please keep us updated as soon as you know anything

[Bev77]

Still heard nothing from the court. I rang them again on Thurs 2nd, and was told surprisingly that "the person who is dealing with my claim has been off sick for 2 weeks, has just come back and is now starting to go through her workload"! and I should hear something within the next week!

 

I'm starting to think they are having me on here! Should it really take this long?!?!

 

Oh well, I'll give them until the end of this week, and if I still have not heard anything from them I'll ring them, yet again.

[jburchell]

You would think the courts would be a bit more organised than that wouldn't you. As I found out to my detriment (see my Nationwide thread) - you must keep on at the courts as they will forget to do things along your timeline - amazingly, very similar to the banks!

[redsue]

aww the suspense is killing me! I'm dying to find out what's happened - can you let your local court know that there are thousands of us patiently waiting for the next instalment!

[Allyxia]

I agree, Im at the this stage with my natwest claim, and the courts have bodged my claim up all the way!!

 

first off it got transferred to a court 300 miles away. then it went to the judge for a direction hearing - and it has never been heard of again!!!

 

I keep phoning every day but they still dont know where the paperwork is!!!

 

So if anybody in Manchester finds it please can they send it back to Wales!!!! Ha HA

[Bev77]

Well my weekly phone call to the court is due for tomorrow, I'll let you know what they say!

[debt_mountain]

Well my weekly phone call to the court is due for tomorrow, I'll let you know what they say!

Well. What happened. How can you tell us you will call tomorrow and not let us know what happened....

[Allyxia]

Calm down debt maybe shes out shopping with her money Hmmmmm?

 

Or like another comerade of mine on here.....still in bed with a hang over!!!!!

 

I must remeber not to celebrate too much eh!!!!

[Bev77]

Sorry forgot to ring them last week.

 

I've rung them this morning and the case has now been passed to the processing dept at Haywards Heath (not sure if that is the court's or N'wide's?) and an 'unless order' has been sent to them.

 

It means that unless they submit their AQ by a certain date, then the case will be thrown out, and we'll automatically get awarded the rest.

 

She couldn't tell me the 'unless' date, but I should hear something 'soon'.

 

*small, quiet woo-hoo* for me!

[groovyglo]

Bev77, sorry if it appears like I'm hijacking your thread but I thought I'd share with you whats happening to me. It appears that nationwide is now trying to make things difficult. I'm going through exactly the same only you are slightly ahead. They refunded me half of what I was claiming leaving me short of £1600 approx. I have written to Mr Bacon and e-mailed an got a reply stating that my schedule of charges was incorrect because it included the date direct debit were returned as well as the day they were charged, therefore duplicating charges debited and giving me a figure in excess of the sum debited. This is total rubish as you may well know that in the statements the fees are actually recorded clearly and there is no charge on the date the direct debit is returned. I feel like nationwide are trying to confuse me and in a deceitful way. They have now filed a full defence and the case has now moved to court. I will be following your thread closely. I have also been going through the statements thoroughly as they have made me paranoid. In the mean time good luck!

[jburchell]

Bev, I would fully expect Nationwide to submit an AQ on the last day expected of them. That's exactly what they did to me.

[Allyxia]

In relation tothe above post - I noticed that whenI was filingon behalf on my HUBs that despite the nice binder inwhich the staement came, the statement sheets were mixed in with the charges Statements. So when I came to input themonto the spread sheet is basicaly doubled up the charges. It was only beacsue I had a rough idea of how much we were due I picked up on it!!!

 

I wonder how many people have been confused in this way?

[Bev77]

Jburchell - They've had plenty of time to submit their AQ before now, this is their second chance to submit it, so I'm keeoping my fingers crossed that they won't.

 

groovyglo - Good luck with your case. I assume that you have checked your figures THOROUGHLY, just to make sure that they are not doubled up? As long as you believe that your figures are correct and have the statements to prove it, then I can't see there being any problem as far as the court is concerned (re figures). Good Luck

[Bev77]

I've received a letter from the court this morning. It's a General Form of Judgement or Order (N24)

 

It says:-

 

'Upon the courts own motion. The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

Unless the defendant lodges at Court an allocation questionnaire by 22 November 2006, the statement of case of the defendant in default be struck out.'

 

Am I right in thinking that if it's struck out, that means I win? And I get the rest of the money? Or if it's struck out, that it means that it's all over, and nothing more can be done?

 

I'm hoping it's the former. Can anyone clarify for me?

 

Bev

[redsue]

I'm reading it as you do Bev77, but I'm not 100% sure - why not pm a mod if you don't get an answer... the saga continues

I'm in the same boat with an underpayment and the case is sitting on the judges desk due to a backlog

[jburchell]

Bev, I had the same letter from the courts when Nationwide failed to lodge an AQ when I continue my claim against them following the shortfall in payment.

 

See my thread here...

http://www.consumeractiongroup.co.uk/forum/nationwide/24462-burchell-nationwide-2.html

 

If they do the same with you as they did with me, they will file an AQ on the final day and the case will go before the judge for a hearing date. That's where I'm at now.

[Allyxia]

I have read in some cases Natiownide have had up to three weeks after the AQ deadline to file their AQ. It causing a big stink in circle aon here.

 

I wonder if the court would grace us with the same flimsy deadlines!!!

[Paul65]

It means the both "you win" AND nothing more to be done. they lose by default.

[Bev77]

JBurchell - you were right!

 

They filed their AQ on 16th November, and it has to go before a judge now. So I guess just wait for the date to come through.

 

Now I'm starting to panic!

[jburchell]

Hi Bev, try not to stress too much about it. Send a letter to Charles Bacon asking him to explain the difference. He replied to the letter I sent him below within a couple of days - even though I had asked him twice before to justify the short payment (see my thread to understand the bit about Ms Henderson!):

 

Dear Mr. Bacon,

 

ACCOUNT NUMBER: xxxx – CLAIM No. xxxx

Please find attached a letter recently sent to Ms Henderson in your Flexaccount Collections department. I believe she has been in contact with you recently regarding this debt and my current court case against Nationwide ref: above.

Please can you tell me whether you intend to assist Ms Henderson in resolving this matter? I do intend to continue with my court case against Nationwide but would obviously rather resolve this issue sooner if possible – as I’m sure you would to.

 

At least if you have the breakdown, you can understand why there is such a difference - he may have missed some charges when doing the calcs. With me, we had both missed some in our figures and it worked out almost the same total.

 

I'm still continuning my claim as I'm still after the £100 allocation fee that I've paid to the courts and interest from the date they refunded me the money (which is only £6 but it's the principal!).

 

If he doesn't respond to your letter, then just carry on to the court! Although, the courts seem to all have massive backlogs at the moment.

[Bev77]

I received another 'General Form of Judgement or Order' yesterday morning(sat).

 

This one says:-

 

Before District Judge XXXXXX, Upon reading solicitors letter for the defendant

 

IT IS ORDERED THAT

1. Pursuant to Civil Proceddings Rules 27.2.3 the Claimant do file and serve within 14 days of service of this Order a schedule setting out by reference to amount and date the charges that she complains about and the reason in each case and identifying whether the Defendant has refunded those charges pursuant to its pleaded Defence.

 

Dated 29 November.

 

So I take it all that jargon means that I havae to provide the court a copy of my schedule of charges(ie breakdown of charges which were submitted in the first place) and a copy of their schedule of charges and to show the difference between the 2, and retunr it within 14 days to the court?

 

Am I right? If so, how do I got about getting their schedule of charges? Would the court have a copy? If so, would they let me have a copy? If not, I take it I write to NW and ask them to send me a copy of their schedule of charges to compare with my own, so I may see the difference in the figures?

 

Oh Gosh, it's all getting so complicated now! Especially as I'm on such a tight time frame, as NW aren't known for their speediness are they? I doubt the court would grant me the same leniency they have shown to NW when filing their AQ.

 

Any replies/ideas greatly appreciated.

[Bev77]

I need to send a letter asking them to provide me with a list of the charges they have refunded so far. How does this sound?

Dear Mr Bacon,

 

ACCOUNT NUMBER: XXXX/XXXXXXXXX CLAIM NO: XXXXXXXX

 

Please can you provide me with a complete list of charges with dates and amounts of each charge refunded so far so that I may check them against my own figures to identify where the difference is. I do intend to continue with my court case against Nationwide but would obviously rather resolve this issue sooner if possible – as I’m sure you would to.

 

Yours faithfully,

 

Also as my account has been closed for some time now, can I still claim interest on the outstanding amount?

[jburchell]

Sounds like a fine letter to me Bev.

 

No reason why you can't claim interest either. You don't need your account to be open in order to continue with an interest claim.