County Court Claim papers recieved - help requested

[Smiles080]

Hi,

 

Hopefully this is in the right place. I have today received a claim from Northampton County Court about a debt owed to Nationwide. It is a bank account which had a £1000 overdraft. I was regularly under and over that limit and accrued some charges. They refunded them when i complained and then they stopped refunding them so i just walked away and moved my banking elsewhere.

 

Particulars of Claim (from the form)

 

"The claimants claim is for the balance due under an agreement which is now all due and payable.

The defendant agreed to pay montly instalments under account number xxx but has failed to do so.

And the claimant claims the sum of £2211.88

The claimant also claims interest thereon pursuant to s69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 176.95"

 

The amount over the agreed £1000 overdraft is made up of bank charges and interest.

 

What do i do ? Can i defend the excess, ie the figure after the £1000 which is made up of bank charges. Can i dispute the figures ? Can i ask for a stay as the house of lords ruling is not out yet and the result could affect my defence ? I have not sent a CCA request as i beleive they probably have the agreement as i only opened up bank account fairly recently (3 years)

 

I don't know if its relevant (i think it is) but the letter was addressed to and the defendants name is MRS xx xx and i am definitely a MR (well, the last time i looked). For a while i have received letters addressed to Mrs xx xx but not acknowledged them.

 

I would really appreciate some help.

 

Many thanks

[carolan78]

They are busy I got mine on Friday! Heres my thread http://www.consumeractiongroup.co.uk/forum/nationwide/205426-nationwide-carolan78-2.html

 

I have acknowledge the papers denying the debt and intend to fight it as all debt on my acoount is charges (I only had a basic flex accoutn that couldn't go overdrawn supposidly). If you have all your statements work out all the charges and interest on those charges you have ever had on the account, fight them and counter claim for the charges back.

 

If you can't work it out and need statements send off a subject access reqest today (make sure it is special delivery) it will cost you £10, this take upto 40 days. If it is not back in time for the defence going in I am certain somebody here will help you further.

[BankFodder]

 

The amount over the agreed £1000 overdraft is made up of bank charges and interest.

 

What do i do ? Can i defend the excess, ie the figure after the £1000 which is made up of bank charges.

 

I think that Nationwide must have taken a new person to deal with these matters.

 

By issuing claims for matters which are clearly comprised of bank charges, nationwide are simply building a trap themselves and then walking into it.

 

You will have to defend and then make a counterclaim. It will be very easy and it will stop them in their tracks and also you will begin the process of getting your money back.

 

These people really are stupid. They spend all of this money on debt collection in litigation -- yet we are on the eve of the final judgement in the bank charges farce which is almost certainly going to be decided against the banks. This also means that the banks will be put to the expense of having to repay their money. Nationwide are simply wasting their resources here and doing nothing to improve their reputation amongst their customers. surely there must be somebody responsible at the nationwide who is able to make a rational business decision. Maybe not.

 

You say that theamount over the agreed overdraft is comprised of bank charges. When you say this it shows that you don't really understand the bank charges situation. The fact is that your overdraft is comprised of bank charges and this means that you don't owe them any money at all, they owe it to you. (This assumes that your charges are at least equal to your overdraft). In that case all of the interest they are charged you on the overdraft is actually being charged on your own money and you will claim this back as well. Please do consult the thread which the previous user has flagged up for you because you are in exactly the same situation and you should follow the instructions there very closely.

 

Have you got all the details of the charges which you have paid over the years? If not, then send them an SAR straightaway.

 

Your claim has been issued out of Northampton using money claim online. Go to the money claim website and acknowledge the claim. You must do this straightaway. This will then give you up to 28 days from the date of the summons to put in a defence. By the time you put in your defence, the date for the return of your personal data from the nationwide will be almost up. We will help you put in a holding defence and then when your personal data arrives we will help you put in a proper defence and a full counterclaim which will then put you in a good position.

 

Please will you contact me on the admin e-mail address for a useful little chat about this. Ta

[Smiles080]

Thank you a lot.

 

Will do the MCOL stuff acknowledging reciept and counterclaiming, but see below, the defendant is a MRS(their error not mine) and i am a MR

 

Will do the subject access request now and post tomorrow.

 

Does the fact that the letters and court papers arrived to a MRS xx xx not matter ? That person does not even exist !

 

Cant find a link to the admin email address for a chat !!

 

thanks again

[carolan78]

Only do your Acknowledgment for now and it asks you for your title so just put Mr and fill in the rest. Do your defence about 7 days before it is due so you have given them some time to try and get the SAR to you. What date were the court papers issued?

[BankFodder]

The Mr and Mrs mix up is not relevant and will not help you or hinder them. Don't be distracted by it.

Send me the email with a phone number if you can.

Ta

[Smiles080]

thankyou carolan78 and bank fodder,

 

papers issued to me 19th June. I have done the MCOL bit acknowledging service and informing of my intention to defend the whole claim. I have today posted SAR to NatW with £10 postal order payable to Nationwide Building Society.

 

Hope this is all correct

 

thanks again for de help.

[carolan78]

Same day as mine wouldn't be surprised if Bankfodder is right and they have someone new working in that department..at least we can go through it together

[Smiles080]

Thx 2 both.

 

I have also done the £2 experian credit record request and that will be in my hands within 7 days. Bring them on

[Smiles080]

1 - experian credit check arrived. current account - started 11/05 default £343 defualted 06/08 status 8

credit/store card started 11/05 default £1875 defaulted 07/08 credit limit £2100 balance £2383

 

2- letter from bryan carter

 

dear mrs xxxx

 

we have issued proceedings against you for recovery of this debt but you failed to respond with either reasons as to why the debt is disputed or with proposals for payment.

unless we hear from you we will take steps to enter judgement against ytou

if you subsequently fail to pay tehjudgement within a prescrobed time period it will be entered on your credit file and may seriously affetc your abililty to obtain crediyt in future

once we have obntained judgement we will seek to enforce the judgement by either instructing baliffsd to take possession of your property or by applying for an attachment of earnings ort we may ask the court to make an order to secure the debt by obtaining a charge over your home

 

---me - do i reply to this or ignore, presumably ignore as it is in the court process ?

 

excuse some spellings just rattled it off

 

thx

[carolan78]

Ignore Bryan Carters as long as you have acknowledged the claim via the courts your fine. Just make sure you have filed a defense before the 28 days are up. Will PM and let you know when I am filing incase they look at this forum lol

[Smiles080]

3 - i have also received a letter from Nationwide re my sar it is from one of their data privacy analysts

 

dear mr xxx

 

thx 4 letter and fee/

the law allows 40 days for sar to be completed.

 

your address is coming up as no trace which means one or more items have been retuirned. for security of your information we will when the info is ready send it to your local branch for collection. please can you let me know which branch is the most convenient ?

 

---me - an interesting letter as my address is no trace ?? funny how they managed to send all my statements and cards and dca letters to the same address. presumably i need to reply telling them which branch ?

 

(note to bankfodder, the last line of my sar says "I would be happy to collect the Data from my local branch" - it might be an idea to update this so that people can insert the branch where they are happy to collect from.)

 

my original court papers were sent 19th june, do i need to enter a defence yet as i dont think i will be receiving my sar info by the time the 28 days runs out

 

many thanks, ta

 

[Smiles080]

thx carolan, the letter also said private and confidential. does it matter that i am re-producing some it on here ?..thx, i have subscribed to your thread so i can keep up..thx again

[Smiles080]

Does anybody know what i need to put in my defence, which i am going to do on the 10th July...many thanks in advance..x

[carolan78]

I have recieved the same no trace letter, send them the letter I have just posted on my thread, and keep on smiling

[Smiles080]

have just sent them the letter from your thread, thx a lot, sent it recorded as well...cheers

[Smiles080]

i think i may have erred, most of the debt for nationwide i think is made up of my own spending on a credit card, i thought it was my main account, and i think very little is charges however i wont know this until i recieve my sar. What defence can i submit (has to be done wed 15th i am told) to get more time until i get the date from them. any help would be greatfully received. thanks

[carolan78]

Is there no charges at all on your credit card account? Also I would be tempted to say the charges on your nationwide account gave you no choice but to use the card. I am sure someone can help you word it better.

[yourbank]

Particulars of Claim (from the form)

 

"The claimants claim is for the balance due under an agreement which is now all due and payable.

The defendant agreed to pay montly instalments under account number xxx but has failed to do so.

And the claimant claims the sum of £2211.88

The claimant also claims interest thereon pursuant to s69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 176.95"

 

 

 

Doesn't say in there what account it is for, you have already shown you are unsure what it is they are claiming, whether card/account, how the total is made up etc. Is the account number elsewhere on the form ?

 

You need to enter a holding defence and a request for further information under CPR alongside the DPA request. Someone will be able to help you with that.

[Smiles080]

carolan78 - there *probably* are charges, but they are *probably* only the £12 ones (although i personally would still argue that £12 represents a profit (on a penalty) as i have seen independant banking executives discuss the real cost to the banks as £2.50. The fact that the banks generally really pee'd me off by reducing hours of local branch, lying to me, providing dubious service levels, not fixing inoperative ATM's and then ripping me off to the tune of about £35 for every charge on my current accounts and not having the moral ruddy decency to admit they had been caught with their hands in the cookie charge and fighting it all the way to the house of lords purely on the basis of profit...sorry rant over..i need a holding defence, is there a standard one you know of ?

 

thx

 

yourbank, thx for your time, There was an account number and as you say i need a holding defence, will peruse the site some more..thx

 

If this was a game of poker between me n the banks then my play is.....i call your raise and i am all in baby, all ruddy in.....

[Smiles080]

Is there a general holding defence as i am waiting for my SAR info to be returned, they stalled using the no-trace letter ?

 

Is it too late to ask them to provide me with the original CCA for my credit card ?

 

Date of court papers was 19th June so i think i need to post the defence by friday 17th at the very latest...

[Smiles080]

Bankfodder - you asked me to pm you when it gets near to defence submitting time however i get this

 

BankFodder has exceeded their stored private messages quota and cannot accept further messages until they clear some space.

 

thx

[carolan78]

Smile you can try to argue you wouldn't have had to use your credit card if they didn't have x amount of YOUR money they took illegally via bank charges on your current account. You can still counter claim.

 

Can't help you with a defence on it I am afraid maybe someone with more experiance will come along and help.

[Smiles080]

I have just received a letter from the court saying there has been a judgement for the claimant. I thought i had 28 days to prepare my defence and that isnt up until 17th July, i think. The MCOL site says the following

 

A claim was issued against you on 19 June 2009.

Your Acknowledgment of Service was submitted on 24 June 2009.

A judgment was entered against you on 14 July 2009

 

If you count 28 days from 19 June it comes out as 17th July, how can they enter a judgement on the 14th ?????

 

What do i do now, any thoughts ? I am going to phone the court right now

[Smiles080]

I am typing this in case it helps someone in a similiar position.

 

They think there may have been an error and i have to send an email to [email protected] attaching proof of acknowlegment of service with a covering letter to the post judgement manager stating the full 28 days were not up and asking for the judgement to be set aside.

 

anyone got any thoughts ?