court letters,Nationwide cc,court costs, ** WON **

[the_shadow]

You state Paperwork, are you meaning the AQ or was there some order of the court that was required to be met?

 

S.

[diddydicky]

i think they have to pay a fee for the AQ's to be issued (400 quid i think)

but could be wrong

 

perhaps they have not paid the fee (and don't intend to?)

 

 

p.s decided against going to Strike out application and intend instead to invite the court to do so when returning the AQ's

 

just feel in the present climate that it is prudent to take the defensive position and not the agressive one

 

defence is pretty sound either way

[ssshooter]

Hi all,i today recieved a telephone call from Eversheds,saying that Nationwide are dropping the case against me & would i please look at the email i have been sent,this was the email:

 

 

Further to our earlier telephone conversation, please find attached a draft consent order for your signature.

 

Please note that by signing this consent order you are agreeing that our client may discontinue this claim and that the court will make no order as to costs. Once the consent order is filed at court, the trial listed for Friday will no longer go ahead. Once I have received the consent order signed by you I will lodge it with the court explaining that neither you nor our client will look to attend the trial. You are free to contact the court as you wish, but there should be no need once I have the consent order from you.

 

If you have any queries, please feel free to call me on either of the numbers below.

 

I look forward to hearing from you by return.

 

Regards

 

 

 

this was the attachment:

 

 

 

Defendant

 

 

_____________________________

 

 

CONSENT ORDER

 

UPON the parties agreeing to the terms set out herein

 

 

 

BY CONSENT

 

 

IT IS ORDERED THAT:

 

 

1. The Claimant discontinues its claim against the Defendant.

2. Each party shall bear their own costs.

 

Dated: February 2010

 

signed........ (me)

 

signed......(eversheds)

 

 

I would now appreciate some advice,if i sign this & return it should i first ask the opinion of the court as to what action to take,or should i ignore this email & just turn up for the hearing on Friday,should i inform Eversheds that i will be attending court on Friday? (that is if thats the best option).

 

Can i now put in a claim against Nationwide for my expenses i.e. £75 for summary judgement hearing,costs for postage,printing & administration time,stress,ruining my credit rating??,,ifr so how do i go about this?

 

Thanks for this & also for everyones help & advice over the last year,much appreciated.

 

 

[the_shadow]

Ok, this is there way of getting out without paying any costs.

 

Basically if you sign this you agree not to chase them for costs of defending this claim BUT the claim stops and as you have filed a defence to this claim they will have trouble coming after you again through the courts for the same claim.

 

the only worry I have is that some solicitors believe they can discontinue a claim and issue a new default notice and then proceed back to court and then its a case of arguing that a)the two cases are so similar it shouldnt be allowed and b)If they have terminated, they cant default you again.

 

Personally I'd like a bit more statement of intent not to chase you at all for this debt now.

 

S.

[citizenB]

Ok, this is there way of getting out without paying any costs.

 

Basically if you sign this you agree not to chase them for costs of defending this claim BUT the claim stops and as you have filed a defence to this claim they will have trouble coming after you again through the courts for the same claim.

 

the only worry I have is that some solicitors believe they can discontinue a claim and issue a new default notice and then proceed back to court and then its a case of arguing that a)the two cases are so similar it shouldnt be allowed and b)If they have terminated, they cant default you again.

 

Personally I'd like a bit more statement of intent not to chase you at all for this debt now.

 

S.

 

I agree with Shadow. I wonder if it would be worth emailing them and saying that you will agree to this if they confirm that the discontinuance will be the absolute end of it and they will not be resurrecting this claim at some later stage and that their client will no longer pursue you for this.

 

HTH

Edited February 18, 2010 by citizenB

[ssshooter]

I'm a very happy man today,just got back from the court hearing...which lasted all of 3 minutes.

 

CASE WON,,,£3000 better off.

 

The judge awarded me the case due to Nationwide not compling with the courts instructions,thier paperwork was not in order & not responding to my defence.

He has also put an order in place that Nationwide cannot take this debt to court again,as he put it to Nationwide :- "you have already had one bite of the cherry,you are not going to have a second".

He then said to me :- this is now the end of the matter,go home & sleep easy."....you should of seen the smile on my face,lol.

 

Result...thanks everyone....Monument next!!

[the_shadow]

I'm a very happy man today,just got back from the court hearing...which lasted all of 3 minutes.

 

CASE WON,,,£3000 better off.

 

The judge awarded me the case due to Nationwide not compling with the courts instructions,thier paperwork was not in order & not responding to my defence.

He has also put an order in place that Nationwide cannot take this debt to court again,as he put it to Nationwide :- "you have already had one bite of the cherry,you are not going to have a second".

He then said to me :- this is now the end of the matter,go home & sleep easy."....you should of seen the smile on my face,lol.

 

Result...thanks everyone....Monument next!!

 

Well done ss

 

S.

[AA99]

Excellent news! Well done! Happy ssshooter!

[diamondgirl]

Fantastic

 

DG

[ssshooter]

Thanx all.

[Kraken1]

I'm often surprised how these 'professional' companies conduct themselves, and how many cases, irrespective of the actual merits of the claim, are won or lost due to one party's stupidity.

[ssshooter]

I am myself,glad they where though.

[citizenB]

I'm a very happy man today,just got back from the court hearing...which lasted all of 3 minutes.

 

CASE WON,,,£3000 better off.

 

The judge awarded me the case due to Nationwide not compling with the courts instructions,thier paperwork was not in order & not responding to my defence.

He has also put an order in place that Nationwide cannot take this debt to court again,as he put it to Nationwide :- "you have already had one bite of the cherry,you are not going to have a second".

He then said to me :- this is now the end of the matter,go home & sleep easy."....you should of seen the smile on my face,lol.

 

Result...thanks everyone....Monument next!!

 

What about costs ? did you ask ?

 

Excellent news BTW, will amend your title to and re locate you in the success forums

[ssshooter]

Yeh i asked the judge about costs,but he said it wasn't worth me persuing as i would not get alot anyway.

[diddydicky]

1,2,3 another one bites the dust

[creditcardmug]

Nice result WELL DONE!

[ssshooter]

Cheers,one question i do have is,my credit rating is probably crap now because of Nationwide,,,how do i find out if this has effected my credit rating,& if it has how do i resolve this issue?

[freethemice]

Firstly congratulations - I hope my hearing goes this well.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203488-g-nationwide-credit-card-new-post.html

 

You can easily check your credit rating by creating an account at quidco - www.quidco.co.uk and clicking on the experian link.

 

You can also chase this via the data protection route on the grounds that Nationwide have processed your data incorrectly. As you won the case this should now be easier.

[go for it]

subbing

[noomill060]

excellent news