Nationwide Vs Carolan78

[Smiles080]

have read this, thx and just one thing, last para - shouldnt convince be conincidence ?, hope this helps and thx

[carolan78]

Yes it should lol will change it now...it's not sent yet thankfully

[Smiles080]

sorry, just trying to help but last para i think you meant obstacles, ive changed mine and just off to post, cheers

 

order to provide obsacals to their

[Smiles080]

hi,

 

have you filed a holding defence yet ? i have done a brief search of the groups and they all seem fairly case-specific...

 

good luck

[carolan78]

I am about to file now but need some claification from someone more seasoned lol

 

Do I click yes to counterclaim now without and use estimated figures or put in the counter claim at a later date when I have recieved the Subject Access Request back :s

[carolan78]

Defence is now filed...let the fun begin

[Smiles080]

Hi,

 

thx for your comments. Is yours a holding defence ? Can you share with me what you wrote please ? No-one has offered me a holding defence and i cant seem to find one on the site, am i not looking hard enough ? Cheers

[carolan78]

This is the defence I used

 

It is denied that the defendant is indebted to the claimant as alleged or at all.

The defendant has no knowledge of any agreement to repay in instalments as alleged by the claimant and puts the claimant to proof of any such agreement.

The alleged debt is comprised wholly of charges and interest levied in respect of failed checks or direct debits etc.

The defendant relied on the claimant’s integrity and expertise that the charges were lawfully due.

The defendant now understands that these charges are invalid as they are excessive and unfair under the Unfair Terms in Consumer Contracts Regulations 1999.

The defendant has served A Data Protection Act request for disclosure of all data upon the claimant.

The defendant reserves the right to amend this defence and also to file a counterclaim against the claimant in respect of all charges levied during the history of the account, once the claimant has complied with their statutory data disclosure obligations.

[carolan78]

Recieve ackknowledgment for my defence from the court. Still nothing from Nationwide for my subject access request so it is back to the waiting game.

[carolan78]

Nationwide have surprised me apparently my SAR is ready to collect from branch, not what I asked for but at least they have provided it on time. They still can not get the basics correct, the letter is dated 31st July and they are saying I can collect on the 1st July (I am assuming this should be August).

 

I can't wait to see what the final figures are from all the charges, I may just have heart failure when I see the final figure!

[carolan78]

Mmmm just read they need to obtain my signiture too, I do not wish to give them this so how do I stand?

[carolan78]

Anyone any advice?

[BankFodder]

I don' think that you need to worry about them misusing your signature. If this kind of thing does happen, it is unlikely to happen with this kind of organisation. I should just go ahead and obtain your data if I were you. Then you need to react very quickly to any shortfalls which you perceive they have made in the disclosure.

[carolan78]

Ok will go for it this afternoon

[Smiles080]

good luck, let us know what information you got, within reason of course, did u get copies of your cca for instance or just statements, laters

[carolan78]

I didn't have a CCA with them as it was a basic bank account with no overdraft facility, not even a debit card. I haven't recieved any copies of any correspondance from them either. Just the computer records they have and all my statements is this normal?

 

I'm about to start inputting all the figures into the spreadsheet but it goes all the way back to 2001 so i could be some time lol.

[carolan78]

All done, the total is rougly what I expected it to be. I still haven't had a responce from either the court or claimants regarding my defence should I file the counterclaim now or hold fire?

[carolan78]

Recieved and AQ today, not had chance to sit down and look at it any advice on filling it in?

[carolan78]

Taking AQ to the court myself either this afternoon or tomorrow. I can see I am going to have one hell of a fight on my hands with this one

[carolan78]

Well my Aq will not be going to the court today or tomorrow. After a phonecall to them today I have concluded they are all children lol. I requested for them to concent to me amending my defence and adding a counterclaim (as I said I would in the original defence). They point blank refused. So now they will get a very nice letter informing them I will go ahead anyway

[carolan78]

Letter Bryan Carter will recieve tomorrow

 

Dear Sir/Madam

 

Following my phone conversation this morning 20th August 2009 with Mr ******. I am very disappointed that you would not agree to my request to amend my defence and to submit a counterclaim, even though this would cause less problems for all parties involved including the court.

 

I would point out that I am quite certain that had I been a professional lawyer that you would have consented and I think it is deeply unfair that you choose to act in this unprofessional and obstructive manor towards lay people who are acting for themselves.

 

Please note that I am proceeding to apply to the court for permission to amend my defence and file a counter claim. I shall eventually be asking for the payment by you for the costs of this application, it is quiet unnecessary and you were given notice that I would be seeking to do this in my initial defence to you.

 

Kind Regards

Carolan78

CC: Leeds County Court

[carolan78]

Court papers went in on Friday, it is now just a waiting game!

[MilkTrayMan]

Hi carolan78!

 

...I can see I am going to have one hell of a fight on my hands with this one

If U would like some accompanying moral support at court, when U get your hearing date let me know.

So long as it's not too short enough notice I may be able to wangle time off work, if necessary, to be able to attend.

 

It's YOUR claim though...but I don't mind shaking the pom-poms from the sidelines if it will help calm any nerves + keep U focused on the important matters to hand.

 

 

[carolan78]

Thank you I will keep that in mind I am sure I will be a bag of nerves on the inside, just hope I can keep calm on the outside lol...I have a gut feeling a date will be a long way off yet though.