Nationwide taking court action

[1littleduck]

hi all.... an update on this case..

The nationwide seem to have changed their solicitors and I have received the following.. any advise would be welcome.

http://i534.photobucket.com/albums/ee344/gangsta_caz/Shed.jpg

http://i534.photobucket.com/albums/ee344/gangsta_caz/Shed1.jpg

http://i534.photobucket.com/albums/ee344/gangsta_caz/Shed2.jpg

http://i534.photobucket.com/albums/ee344/gangsta_caz/Shed3.jpg

http://i534.photobucket.com/albums/ee344/gangsta_caz/shed4.jpg

I have posted up the envelope because it does not make any relevance to the contents being from a solicitors and could easily have been binned as junk mail.

[PaulW922]

Eversheds are not a nice firm of solicitors. Be careful dealing with them.

 

Nationwide cannot apply to extend the stay because there isn't one. The claim has been struck out, and I'd suggest you write to the court, cc'ing eversheds to that effect.

 

Eversheds can apply for the claim to be reinstated, or they can just start again. They are however the type of firm who will ignore the law, and things like facts and the truth and file misleading documents in the hope that the court will not notice.

 

One thing I have not understood from all this, and I've read it with interest, is why you do not think the amount claimed is due? If the matter gets to a hearing you might have to explain.

[diddydicky]

further it is not true that the test cases seek to resolve whether an agreement is enforceable if the prescribed terms are not in the signature document

 

the absence of the prescribed terms within the signature document is set in law and it is not within the authority of the courts to change the law in this respect.

 

If your nationwide agreement is like mine there is no argument that the prescribed terms are anywhere within the signature document let alone whether they are on the front page or the reverse

[diddydicky]

any update on this?

[1littleduck]

Hi.. No sorry... I have heard nothing at all....

Will post up anything as soon as I receive it.

Happy New Year all. x

[diddydicky]

happy new year

[angel_1]

hello all

 

lets all have a fab 2010 and keep positive as always informative info posted on this thread that i can again learn from:-)

 

thanks to all laters angel x

[1littleduck]

Hi all.. Just a quick update....

Nothing at all to report.. Nothing from eversheds or the nationwide..

[diddydicky]

to save re reading the post - what stage are you at

 

what you don't want to do is nothing- if the court has indeed struck this claim out you should have had an official notification from the court

 

you need to clarify this again with the court and demand written confirmation from them if you have not had it

[creditcardmug]

Wholeheartedly agree, you must do something to move this forward, at least contact the court to find out the status of the claim, and get back to us, so we can advise on further action

[1littleduck]

Hi all...

Nationwide are at it again.

They have sent me a letter stating they are taking me to court again.

I have moved address so this has been forwared to me.

Should I just start the whole process again?

Should I give them my new address?

[PaulW922]

A slightly tricky one for you. If you do nothing then Nationwide will eventually enter judgement in default and presumably the occupier of your previous address will be able to tell the bailiff where you have gone! It is also quite easy to find your new address from credit reference agencies etc.

 

My immediate reaction is that you need to address this as and when, and indeed if the county court claim arrives. It is quite possible that they will just start the whole thing all over again in which case you could just ask the court to apply it's previous decision re disclosure etc. Currently I presume you just have a letter threatening action?

[1littleduck]

Hi Paul,

Thanks for the reply.

I have just e-mailed them with a hard copy due to be posted tonight.

I have sent them another 'failed to respond' letter and have inserted the dates back to 28th September 2008. I have informed them that they only sent a copy of a application form which is not a legal document therefor the origional fee I paid.. £1.00 still stands until my request is satisfied.

I think they have found out that I have moved, and are just chanceing that the letter would not reach me, therefore a judgement would be granted to them. but I have had my post re-directed. The new owners of the house do not know where I live.

I never heard from sheds again and I guess, if they want to start it over again, then unless the law has changed, I'll use all the previous letters.