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

[ssshooter]

Fill in the xxxxs, and the date in item 9, print it off, attach a copy of your CPR request

Sign and date the statement of truth

Send by SD to the court, keep the receipt....dont bother sending a copy to the other side

 

 

Done this this morning,i expect i'll be playing the waiting game now?

[ssshooter]

Recieved acknowledgement from the court on Saturday confirming that they have recieved my defence,also same letter from Nationwides solicitors.

Has been moved to local County courts.Nationwide now has until 15th August to come up with their defence & provide the documents i requested.They haven't provided them in the last 32 days,so fingers crossed they wont & can't.

[creditcardmug]

Have you received an Allocation Questionaire to fill in , yet?, that normally comes with the notice informing you of the transfer to your local court

[ssshooter]

Have you received an Allocation Questionaire to fill in , yet?, that normally comes with the notice informing you of the transfer to your local court

 

 

No,received nothing else with this letter.

[ssshooter]

But i have received this letter which came this afternoon (don't fully understand it,who do i reply to?,them or the courts ,or both got to reply by the 29th July.),also with some other documents (attached).

The cca is different from the first one that they sent to me (post 1),this one is in the name of Mr & not as before Mrs,there is no date on it (the new one) to say when the agreement was supposed to be signed.They have not sent me the default letter(s) as requested,i have recieved no terms & conditions (even though the cca says i have signed to say that i have),they haven't sent me any statements as requested,there is no mention of repayment amounts,dates or rate of interest in the new cca,also looks as though my signature has been copy & pasted.

 

This is the letter i received:-

 

NATIONWIDE BUILDING SOCIETY -v- SSSHOOTER

 

We write with reference to the above & understand that you made a request under CPR 31.14 for the disclosure of all documents refferred to in the particulars of claim.

 

We are pleased to enclose herewith a copy of the credit agreement as refferrred to in the particulars of claim & furthermore a screen print confirming the date formal demand was served.

 

In the circumstances,& in the interest of the costs,we invite you to withdraw your defence & consent to judgment being entered.If you are agreeable to our proposals we enclose a consent order for your signature & return,however,if you are unclear regarding the terms of the same please seek independent legal advice.

 

In default of your agreement we shall consider applying for an order for summary judgment persuant to CPR part 24 & clearly further costs will incur that may be recoverable.

 

We trust you will forward a response to our proposals by 4pm on the 29th July 2009

 

Yours faithfully,

XXXXXX

 

 

Could someone please advise me about this letter & also to the other questions i have asked in this post relating to what they have sent me.Also what is the CPR part 24?

Do i need to change any of my defence?,thanks.

shoosmiths letter 2,(23.7.09).zip

shoosmiths letter 3,(23.7.09).zip

shoosmiths letter 4,(23.7.09).zip

shoosmiths letter 5,(23.7.09).zip

shoosmiths letter 6,(23.7.09).zip

[ssshooter]

Also i am going away within the next month for 2 weeks,would it be wise to inform the courts of this?

[illonavamp]

Thats not an agreement, it's an application for a credit card. God nationwide wind me up.

 

As far as I can make out,

 

- it does not contain any prescribed terms

- your signature must be on the same piece of paper as the terms (I won my case as they said they'd "lost" the reverse-side copy of the app form which, they claimed, had the terms on it)

 

Not sure what a consent order is but wiki says:

an agreement (often financial) between parties which has been made legally binding and enforceable by a court

 

So alarm bells are well and truly ringing here.

 

Get someone to word you a response, and send it to the court, cc Solicitors and Nationwide.

 

I wouldn't be inclined to tell court you are away, but depends what stage you are at.

[illonavamp]

p.s. worried about consent order. did you send your acknowledgement and defence in?

[diamondgirl]

But i have received this letter which came this afternoon (don't fully understand it,who do i reply to?,them or the courts ,or both got to reply by the 29th July.),also with some other documents (attached).

The cca is different from the first one that they sent to me (post 1),this one is in the name of Mr & not as before Mrs,there is no date on it (the new one) to say when the agreement was supposed to be signed.They have not sent me the default letter(s) as requested,i have recieved no terms & conditions (even though the cca says i have signed to say that i have),they haven't sent me any statements as requested,there is no mention of repayment amounts,dates or rate of interest in the new cca,also looks as though my signature has been copy & pasted.

 

This is the letter i received:-

 

NATIONWIDE BUILDING SOCIETY -v- SSSHOOTER

 

We write with reference to the above & understand that you made a request under CPR 31.14 for the disclosure of all documents refferred to in the particulars of claim.

 

We are pleased to enclose herewith a copy of the credit agreement as refferrred to in the particulars of claim & furthermore a screen print confirming the date formal demand was served.

 

In the circumstances,& in the interest of the costs,we invite you to withdraw your defence & consent to judgment being entered.If you are agreeable to our proposals we enclose a consent order for your signature & return,however,if you are unclear regarding the terms of the same please seek independent legal advice.

 

In default of your agreement we shall consider applying for an order for summary judgment persuant to CPR part 24 & clearly further costs will incur that may be recoverable.

 

We trust you will forward a response to our proposals by 4pm on the 29th July 2009

 

Yours faithfully,

XXXXXX

 

 

Could someone please advise me about this letter & also to the other questions i have asked in this post relating to what they have sent me.Also what is the CPR part 24?

Do i need to change any of my defence?,thanks.

 

Am I missing something on the so called application don't see the amount or the interest rates or the period ie payment 12, 24 months etc., I have left my specs a work so please confirm.

 

What date was the letter and was there a post mark on the envelope?

 

I don't know about consent but I assume they want your consent to withdraw so they can just go for judgement and them possibly a charging order on the property.

 

I had a similar letter from Link which they wanted me to sign saying I'd withdraw and allow them to get a CCJ and charging order, no way did I sign that.

 

DG

[diamondgirl]

Have you received an Allocation Questionaire to fill in , yet?, that normally comes with the notice informing you of the transfer to your local court

 

Sometimes they come separately, mine did.

 

By the way with regards to notifying the court about you going away it may well be a good idea because if they send the AQ out just before you go away you will have very little time to get advise on your defence etc., to complete it.

 

DG

[ssshooter]

p.s. worried about consent order. did you send your acknowledgement and defence in?

 

Yes,sent both back.I also stated that i may neeed to change my defence depending on what nationwide send me ,as requested in CP...though they haven't sent me all that i requested.

[ssshooter]

Sometimes they come separately, mine did.

 

By the way with regards to notifying the court about you going away it may well be a good idea because if they send the AQ out just before you go away you will have very little time to get advise on your defence etc., to complete it.

 

DG

 

 

Ok thanks,will do.

[car2403]

Firstly, do not sign that consent order.

 

Secondly, you will receive an AQ from the Court - in there you'll be asked which dates you aren't available to progress the claim.

 

What you have here, is an application form without prescribed terms. Even if these 2 pages are part of the same document, which seems unlikely to me seeing how the pages are laid out completely differently, the agreement will still be unenforceable as it doesn't contain details of the credit limit, repayment details and interest rates to be applied. (s.127(3) Consumer Credit Act 1974) There are no repayment terms, as such, (the 12/24/36 months, referred to previously) as this is a credit card, which is rolling account credit.

 

Add to the fact that they can't produce a Default Notice, which is a pre-action protocol for this type of claim, (s.87/s.88 CCA 1974) and that means that they simply cannot win this claim against you.

 

I'd be seriously inclined to apply for Summary Judgment against them, even before the case is allocated to a track, as they have no claim that they can reasonably win on.

 

Try sending them this;

 

Your name

Your address

Your email address

Your fax number

Their name

Their address

 

Without prejudice, save as to costs

 

Claim number;

In the XXX County Court

 

Dear Sirs,

 

I refer to your letter and attachments dated XXXX, the contents of which are noted.

 

I believe that your Client does not have a sufficiently stated claim that meets the needs of CPR Part 16, in that you have failed to state which terms of the alledged agreement that I am said to have breached.

 

I also believe that you Client will be unsuccessful in their bringing of this claim against me, as the alledged agreement that you are seeking to rely upon does not comply with the requirements of the Consumer Credit Act 1974 and will be determined by the Court to be irredeemably unenforceable against me as a result.

 

In the alternative, which is denied for the reasons as set out above, where the Court finds that the agreement is indeed enforceable against me, your Client has failed to comply with the pre-action protocols contained in s.87/s.88 of the Consumer Credit Act, so it is unable to succeed in this claim. As the Bank is clearly unable to produce a copy of the documentation required by those sections, thereby allowing the Court to determine if the pre-action protocols have been complied with, this Claim must ultimately fail.

 

I invite your Client to discontinue it's claim against me, within 7 days of your receipt of this letter, or I will ask the Court to enter Summary Judgment, under CPR Part 24, as I consider that I consider that CPR Part 24.2(a)(i), 24.2(a)(ii) and 24.2(b) apply in this case.

 

If your Client does not discontinue this claim against me, I also reserve the right to refer this letter to the Court for it's consideration on the issue of costs.

 

I look forward to hearing from you within 7 days from the date of your receipt of this letter. In order to expediate this issue, as I feel it can be resolved without further reference to the Court's process, I have included email and fax contact details, to which I am happy to receive your confirmation of discontinuance of claim.

 

Yours sincerely

 

Print, don't sign

 

If they don't comply, you will need to seek Summary Judgment - don't worry, that is dead easy, (much easier then amending your Defence) and you'll have help along the way.

[ssshooter]

Thanks a lot Chris,appreciated.

[ssshooter]

Sent them the letter off this morning,by recorded post.Will hopefully be back with a reply in the next few days.

[ssshooter]

As yet i have not received a reply from Shoosmiths solicitors regarding the letter i sent them in post 63,i shall give them until Wednesday this week then forward the letter to the the courts & apply for summary judgement (which i could do with some help with,please Chris.Had a look around the forum for info on this but still a little unclear to what it actually is & whats involved.)

 

I received the AQ form from the Courts this morning,just one question i've got on that :-

It asks do i want permission to use an experts report at the hearing & if yes,what will the experts evidence deal with?

What is an experts report?

 

It also asks for other information i may like to forward which may help the judge manage or clarify the claim.I'll do that on Monday,then post it on here ...just to get it checked over before i send it off.

 

[ssshooter]

Also now i am unemployed, could someone please advise me as wether it would be a good idea or not to go to Citizens Advice to ask about legal aid,or maybe i don't need it?

[car2403]

As yet i have not received a reply from Shoosmiths solicitors regarding the letter i sent them in post 63,i shall give them until Wednesday this week then forward the letter to the the courts & apply for summary judgement (which i could do with some help with,please Chris.Had a look around the forum for info on this but still a little unclear to what it actually is & whats involved.)

 

I received the AQ form from the Courts this morning,just one question i've got on that :-

It asks do i want permission to use an experts report at the hearing & if yes,what will the experts evidence deal with?

What is an experts report?

 

It also asks for other information i may like to forward which may help the judge manage or clarify the claim.I'll do that on Monday,then post it on here ...just to get it checked over before i send it off.

 

 

 

Read from this post onwards about Summary Judgment and seeking a strike out - I'll need to reread your thread to know if this applies, but this is the general process;

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/208997-restons-hfc-bank-myself-3.html#post2314245

[ssshooter]

Hi Chris & thanks for the link,most helpfull...spent the last couple of hours looking through this & making notes,gonna take a better look tomorrow,see if i can answer some of my own questions first,before i start bothering others,think i might understand things a bit more if i research them a bit more.Just seems theres so much to take in (this form that form,this application etc),does it all ease off,go away ...& let me sleep again comfortably eventually?...or am i dreamin,lol

[ssshooter]

Still heard nothing in relation to the letter that i sent to Shoosmiths (post 63),so i am going to fill in my AQ, stating that i have not received the required documents as requested in the CPR,thus inhibiting my defence.That they have sent me 2 different so called agreements (which are applications) which do not match each other,one is in the name of Mrs instead of Mr,the other has no date on it.I did not receive a default letter,or pre default letter & that no terms & conditions where attached to the so called agreement(s),neither does either of them contain the repayment schedule,limit or Apr rate.

 

I have also been to the courts today to get a N244 form to apply for summary judgement,i will have a good look at this tomorrow (on a course for the next 10 days,trying to fit alot in)...but will probably need some help with it,if someone would be so kind.

 

Also i still haven't had an answer from my previous question:-

In the AQ form,What is an experts report?

Edited August 7, 2009 by ssshooter

[steven4064]

when you have had a look, I'm sure someone will help you.

 

An expert report is (funilly enough) a report from an expert (for example a doctor to give evidence that stress from DCAs can damage your health). You probably won't use one

[ssshooter]

Ok,i have now looked at the N244 form & would appreciate some help with some of the questions,so that i can get it off tomorrow morning along with the AQ form,& also send any other relevant paperwork.

 

The questions on the N244 that i'm a bit stuck with are as follows:-

 

Q3) what order are you asking the court to make & why?

Would this just be called summary judgement?

Q4) have you attached a draft of the order you are appling for? Y or N

Q8) what level of judge does your hearing need?

Q10)what information will you be relying on,in support of your application?

With this should i explain that i was unable to complete my defence as most of the documentation requested in my CPR letter was not sent to me.

Also that they have sent me 2 versions of the so called agreement ...which do not match each other,one in the name of Mrs the other with no date on it,neither had the terms & conditions attached to them or the schedule of repayment or the Apr rate.

I was not served a default notice or a pre default notice.

That the so called agreements are merely application forms.

Should i also send the Courts the letter that i sent to Shoosmiths in post 63?,as i have had no reply to this as

of yet.

Would it also be a good idea to send the courts a copy of my CPR request,the so called agreements & all other documents that i have received from Shoosmiths/Nationwide?

 

Also i know i have to send a fee with the N244 form,but it dosen't say how much,i'm under the impression it's either £40 or £70,but i am unsure as to which one applies to me.

 

Sorry if some of these questions i have may seem a little stupid,just that i want to get all of this right.

One more thing,now that the case has been moved to Birmingham County Court from Northampton,i assume i send all paperwork to Birmingham?,including the AQ form?

 

Thanks all,your help & time is much appreciated.

[citizenB]

The application for a Summary Judgement will cost you £75.00. If you are applying for one of those, then you will not need to complete the AQ.

[citizenB]

Ok,i have now looked at the N244 form & would appreciate some help with some of the questions,so that i can get it off tomorrow morning along with the AQ form,& also send any other relevant paperwork.

 

The questions on the N244 that i'm a bit stuck with are as follows:-

 

Q3) what order are you asking the court to make & why?

Would this just be called summary judgement?

Q4) have you attached a draft of the order you are appling for? Y or N

Q8) what level of judge does your hearing need?

Q10)what information will you be relying on,in support of your application?

With this should i explain that i was unable to complete my defence as most of the documentation requested in my CPR letter was not sent to me.

Also that they have sent me 2 versions of the so called agreement ...which do not match each other,one in the name of Mrs the other with no date on it,neither had the terms & conditions attached to them or the schedule of repayment or the Apr rate.

I was not served a default notice or a pre default notice.

That the so called agreements are merely application forms.

 

Should i also send the Courts the letter that i sent to Shoosmiths in post 63?,as i have had no reply to this as

of yet.

Would it also be a good idea to send the courts a copy of my CPR request,the so called agreements & all other documents that i have received from Shoosmiths/Nationwide?

 

Also i know i have to send a fee with the N244 form,but it dosen't say how much,i'm under the impression it's either £40 or £70,but i am unsure as to which one applies to me.

 

Sorry if some of these questions i have may seem a little stupid,just that i want to get all of this right.

One more thing,now that the case has been moved to Birmingham County Court from Northampton,i assume i send all paperwork to Birmingham?,including the AQ form?

 

Thanks all,your help & time is much appreciated.

 

Yes you are applying for a Summary Judgement.

 

The judge you want is - District/Circuit

 

What other information will you be relying on.. you get 3 options.. either a Witness statement - statement of case - or evidence set out in the box below.

 

I personally have relied on a witness statement. In that statement, I detailed the whole case from beginning to end, included all correspondence from and to the opposition.

 

Mine is a case for non compliance of a Subject Access Request so I dont think it will be of use to you.

 

HTH

[indebtstudent]

Once again not much I can add. All I would say in relation to the letter from thier solicitors is bear in mind they are working on behalf of thier client Nationwide. They will not tell you if Nationwide have fouled up, however the people on here will.