Jump to content
  • Tweets

  • Posts

    • Couple of errors on your N244...not sure why you couldn't save a copy...move your mouse to the side and right click ...save as.   Dont complete anything in 6..my 30 mins was an error...as its requested without a hearing..   9a should be left blank (it states other than the claimant /defendant).   Staple the Draft order to the n244 along with the 2 letters of consent.   On the draft order remove the Amended particulars ..that was just for your benefit when you get to the next stage and the court asks you to resubmit amended particulars.Also there is an error in the amended particulars...should state " The leading Claimant " not The principle claimant.     No you cant represent anyone....but you will be in attendance as the main claimant...if necessary and if directed by the court your daughter can submit a statement in support of the claim in her absence.We can cross that bridge if and when necessary.   Assuming the application is successful the court will give an order for you to resubmit an amended particulars of claim...nothing else changes..the date of claim the value etc....only the claimants names and the particulars.   lastly dont forget to make payment ...the fee is £100...and also be aware that in making this application you may become liable for the defendants costs if your claim is not successful.   Andy
    • Well thats what I thought they'd done?   As you can see it was way over my head! Im sure the judge said he was a Barrister though? I'm totally confused. They didn't give me a name.   Out of interest, if they now allocate me a 3.5 hr slot, and a 2nd court date, have my court costs just shot through the roof? 😲
    • Although I broadly agree with that sentiment Jase, the 'conservative MP's have just defined themselves by almost all blocking a relatively small sum to feed hungry UK children Approx 125 million it cost to feed hungry children over 6 weeks I saw   So as a rough rule of thumb If we take 4 weeks of lockdown and 4 weeks of holidays until 'spring, you are talking about them refusing * less than sercos EXTRA profits from covid, * and FAR less than the cost of the failed collect 250 spit samples a day exercise   Despicable doesn't even start to describe them.      
    • oh god no dont enter nor start pointless letter tennis ever.   dx  
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
      We had a 10yr  finance contract for a boiler fitted July 2015.
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
      You only have to look at TrustPilot to get an idea of what this company is like.
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Help - Nationwide trying to stitch me up at court!

Please note that this topic has not had any new posts for the last 3641 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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)



Link to post
Share on other sites
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.

Link to post
Share on other sites

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!


Link to post
Share on other sites

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

Have we helped you ...?         Please Donate button to the Consumer Action Group


Uploading documents to CAG ** Instructions **


Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first


1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read





2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS


Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.



Link to post
Share on other sites

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!




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



Link to post
Share on other sites
  • 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.




Link to post
Share on other sites

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?




Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...