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what happened county court claim from Nationwide


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Hi ,

 

Last July I received a county court claim from nationwide.

 

I returned the AOS to my local court, but can't remember if I actually defended it.

 

I had spoken to nationwide on the phone and told them I didn't recognise the account no. they said it was an internal ref no. and they where not allowed to put the actual credit card no. sounded strange at the time.

 

Anyway I never heard any more, did a search online that cost £4 and it just showed a ccj that I knew about, also nationwide, but not this smaller one for £7500.

 

Is there a way to check what happened, did they withdraw the claim, I thought they would have won by default.

 

I'm thinking something went wrong their end, because I received other county court claims with actual card no. on them.

 

It's nice to win this easy, but interested to know what happened.

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Well.........perhaps I just opened a can of worms.

 

I contacted my local court who looked into this, seems I might not have entered a defence.

Nationwide had asked for judgment to be entered, this June, nearly a year later. The court have told them the time limit to enter a defence has not elapsed, until August.

So my guess is the court have got the years wrong, it was 2012 and they read it as 2013.

 

I'm not sure whether to enter a defence or not. I don't recognise the account no. do I just state this? or leave it.

 

Nationwide will only get a charging order on my negative equity property and they already have a previous one on there for £15000, so another £7500 won't make me lose sleep.

 

I assume one of my other creditors will make me bankrupt before long anyway.

 

It seems strange though, that they won't put the card no. on the claim form, everyone else has, so far.

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Needless to say, you should have filed a Defence. When you don't enter a Defence within the timelimit you would normally get default judgment awarded against you.

 

The Claimant will be entitled to default judgment. As you say, it sounds like the court has been given wrong information. It is worth checking with them regularly to see if there are any developments, I would think Nationwide will point out the mistake and get the default judgment.

 

I am not entirely sure but think you would need court permission to file a Defence at this stage. If they do get default judgment you might be able to have that set aside, but you would need to act fast on this and would need genuine grounds for defending the claim.

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My local court checked it out and told me to check if they had my defence and if not could I resubmit it as it must have got mislaid when my local court forwarded it to them.

Nothing to lose by trying but plenty to gain.

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