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Help - Nationwide trying to stitch me up at court!


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A few months ago I made a SAR. They refused to send it to my home address for 'confidentiality and security' reasons and insisted sending it to a nearby branch instead. After realising I would get nowhere complaining, I picked it up today. It consisted of loose papers and a cd inside an opened plastic postal bag. The cd is so scratched it doesn't play properly. So much for their security and confidentiality!

 

Anyway, it doesn't contain a copy of the original agreement - just page 5 (out of 6) of the application form (so they claim) with my sig on it. For some reason they say they can't find the other 5 pages? I have never made a S78 request as I made a full CPR request prior to proceedings commencing. They have never responded to that request. Can they do that?(claim is under £2000)

 

N

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More recently they wrote to me stating they could not find the original agreement (part of my defence) but instead had a recon, quoting Carey etc

- Does the Carey case mean they can actually get the agreement enforced in court, as they are claiming?

 

Am working on strike out application - hope to finish this evening and will post draft first.

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At last - after a few distractions - here is my first bash at the case for a strike out application.

Strike out application.doc

The bits highlighted red are those which I have done but am not sure about - advice please!

The highlight in green at the end is the bit that summarises my application - is that necessary on the AQ?

I haven't mentioned the agreement. I'm still not sure whether or not the recon they have supplied enables them to enforce the order at court, or does it merely satisfy Sec78 CCA?

 

Thanks for all the brilliant advice - couldn't do it without this great site!

FTOTB

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It looks fine to me . You wont leave the coloured text in when you print this off will you :)

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At last! Here's the application I submitted to court earlier today for summary judgement/strike out based on dodgy default notice. Not sure how far I'll get with it, but it sure sounds good!

 

Application.doc

 

Thanks everyone for your advice. Couldn't have got this far without it.

 

FTOTB

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  • 2 weeks later...

Can someone advise me please??

Having submitted an Application for a strike out/Summary Order, a couple of weeks ago, when I handed it in at the court they told me there was no fee to pay, as the Judge's previous order for the claimant had granted me leave to vary/amend the order. However I have now received a letter saying I must pay a fee 0f £75 for the Application to strike out, before it can be processed. When I contacted the court to ask why the chanege of mind, I was told that they considered my Application for a strike out is considered to be more than a varying/amendment of the previous order.

 

Is this right? Its just that £75 is money I don't have at the moment. (I'm not eligible for any means tested subsidy either) I explained that I am on a DMP but they said that doesn't count.

 

Thanks

F

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I've been reading the latest from Costa's thread, and am now concerned that my case is not as straightforward as I thought.

 

Nationwide issued me with a dodgy DN a year ago (didn't allow 14 days and no date to remedy specified) and then terminated on the back of that. They have subsequently taken me to court and a big part of my defence is the dodgy DN etc. However they recently served me a 'new' DN (in the correct format as it happens) and then obtained a court order allowing them to amend their POC so that they can rely on that DN in their claim (wonder why they did that....). As advised below I submitted an application for summary judgement / strike out based on the dodgy DN argument. I am currently in the process of re-submitting it to include costs, but wonder if I need to amend the application (below) at all, in light of Costa's experience?

 

My other question is, they are seeking to enforce the agreement based on a recon they sent me. I'm awarte the recon satisfies Sec 78 CCA, but does it enable them to get enforcement in court?

 

Thanks

F

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