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Allyxia (for Big Guy) Vrs Nationwide ** WON **


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Oh well the grand old day has come for me and the boglins to take a trip to the court and file against the Nationwide, on behalf on my hubby!!

 

These jokers have caused nothing but problems from the start and our claim hasnt even started formally yet!!!

 

First off, we have the defaults, then the CCJ and then a second charge!!!

 

Following the change of mortage, the second charge, and subsequently the debt has been settled!!

 

As part of my Prelim and LBA, I included parts regarding the removal of defaults. To this they have agreed, however, I have decided, as most banks are so very "trustworthy" to include this on my MC just to be sure. I would hate to reach the end settlement and have no offical means of forcing the removal of the defaults!!

 

With regards to the CCJ - I am just waiting for the court hearing to have the CCJ set aside - so fingers crossed!!

 

As for the money claim aspect - despite the account being settled in 2004 and (wrongly) assuming that it had been closed on settlement. After they received the Prelim letter, they decided, to add £700 worth of charges belatedly from 2001 - 2004!!! (What, nationwide despite already leiving £800, you forgot to put another £700 on the account!!!!)

 

Ha Ha - no chance!!!

 

Let the games begin!!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Cheers Sarah!!!

 

Lets face it though (unless anyone tells me otherwise) nothing can be as bad as Natwest and Cobblers!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Cheers Sarah!!!

 

Lets face it though (unless anyone tells me otherwise) nothing can be as bad as NatWest and Cobblers!!

 

Lucky for me I haven't had to deal with Nat West or Abbey who seem to be amongst the worst. I can sympathise as far as Nationwide is concerned though because I will be going through exactly the same as you.

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Yes heard about abbey and their microfiss (or whatever!!) HA Ha!!!

 

How far are you with you claims maybe we can "buddy up" to support each other and track our claims!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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URGENT HELP NEEDED

 

Having done my claim today whilst being harrassed by 2 screaming boglins, I realised I have made an error on my N1 which was filed with the court 15 mins before closing!!!

 

First line:- regarding the opening of the account, for some reason I typed April 2003, when in fact the account was opened in Oct 2001.

 

Please is this going to have a really bad detrimental effect on this case?

 

If so what steps can I take to recitify this, Me thinking of stalking outside the court at 9am to habd over the correct N1, inthe hope that nothing was done with it today.

 

Please really could use advise before tomorow Am on this!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Phoned the court two mins ago and they confirmed that nothing has been done with the forms as yet so I can run over and swap them.

 

Arghhhhh I didnt sleep a wink last night with worry I tell you!!!!!

 

Alls not lost going to slap my face on and bundle the noisy boglins, and drive like a mad women to get there before 10!!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Phoned the court two mins ago and they confirmed that nothing has been done with the forms as yet so I can run over and swap them.

 

Arghhhhh I didnt sleep a wink last night with worry I tell you!!!!!

 

Alls not lost going to slap my face on and bundle the noisy boglins, and drive like a mad women to get there before 10!!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Ok Court Papers were ok after (sorry I forgot to post) didnt even have to pay the extra £35!!

 

Got court date next thurs for hearing to have CCJ in respect to this debt set aside!!!

 

Hah Hah Hubby S***ting himself because so far Ive done all the work with the claims (he just signs the letters), and hasnt got a clue what to do in court!!!!

 

Ive applied to have set aside on following grounds.

 

1 On receipt of CR File in August, noticed CCJ registered on Big guys file.

Further invesitgation relveales CCJ in respect of debt to Nationwide in 2003 - no notification received from the court with regards to the orginal case in 2001.

 

2. In the meantime the Debt against Nationwide is under dispute and litigation has commenced against them. Claiment only became aware of OFT findings in August 2006.

 

3. Original CCJ has been settled, as a result of a the debt escalteing to a second charge, which was settled in F & F in 2004, when mortage was raised on property.

 

Can anybody advise what I need to take to court in respects of this case.

 

In addition I have a letter from nationwide confirming that they are also going to remove the orginal default on the CR File in respects for this debt!!! So that can only help as well eh?

 

Grateful for any support here thanks

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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If Nationwide have agreed to remove the default have you thought about approaching them for permission to set aside the CCJ - It can't hurt to ask and it would make things a lot simpler.

 

Agreed though- even without this the removal of the default looks good for you.

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Yes somebody else told me this today.

 

They also mentioned that you can not be given a default and a CCJ for the same thing. Im not sure how true that it (maybe someone can clarify).

 

I wonder if it worth approaching them the court date is next week so I should have time if I act quickly!!!!

 

Failing that I would still apreciate advice on what to say or take to court - thanks!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Try the guidance notes on the first page of the site- there are all sorts of bits and pieces about going to court.

 

I have not heard the thing about defaults and CCJs being mutually exclusive. My understanding is that you are defaulted first and then the creditor can go for a CCJ if they decide to go down that route.

 

If I were you I would try to get agreement from NW. It is worth a try and I believe that it speeds up the process if they agree before you get to court.

 

Good Luck

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That was my understanding too Sarah. But hey you never no.

 

Ive posted a link to this thread in Legalities/defaults. So hopefully somebody will find their way here by next week.

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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My suspicion is that you can have both for the same issue. I would send a PM to Tinkerbelle or zootscoot, they will know for sure.

NatWest Charges: £3708.81. Allocated to fast track 14/10/06. *SETTLED IN FULL* 23/10/06 5% donation made

 

HSBC Default Removal and £186 charges: N1 claim issued 28/11/06 *WON* 28/02/07 5% donation made

 

Egg Charges: £370. N1 claim issued 24/11/06. *SETTLED IN FULL* 12/01/07 5% donation made

 

Natwest Student: £150. N1 claim issued 24/11/06. *SETTLED IN FULL* 10/12/06 5% donation made

Natwest Credit card: £317.01 INCLUDING CONTRACTUAL INTEREST, *WON* 30/11/06 5% Donation Made

 

Ikano Data Protection Act deception and non-complience: N1 claim issued 28/11/06. *SETTLED IN FULL* 12/12/06 5% donation made

I am not a lawyer. All advice is merely my own opinion. Nevertheless, I've won £4675 so far!

Tip my scales if you like my advice :)

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ah cheers Im already in Correspondon with tink re defauts!

 

Just want to make sure BG gets the best chance he got to get it removed in court next week.

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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BL downloaded mine so only got the actual report. I think thi sposts been flagged anyway so hopefully I will have some advice soon.

 

Im wondering if because Unlawful charges forms part of my evidence to have the CCJ set aside will the banks have to prove at this hearing about their fees?

 

What do you think?

 

I wonder how they are going to squirm out of this one!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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BL downloaded mine so only got the actual report. I think thi sposts been flagged anyway so hopefully I will have some advice soon.

 

Im wondering if because Unlawful charges forms part of my evidence to have the CCJ set aside will the banks have to prove at this hearing about their fees?

 

What do you think?

 

I wonder how they are going to squirm out of this one!

 

The crux of that argument is that you may have agreed with the amount at the time but, now you are in receipt of new information which leads you to believe that the amount claimed was inaccurate and therefore the judgment should be set aside.

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Do you think thye are going to want a copy of the OFT report?

 

I have no idea what to take to this?

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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I dont think teh court bundle post applies tomy case at the moments as this is a CCJ hearing and Ive not been told anything by the court!!!

 

I dont guess that I have to just turn up with nothing!!!!

 

I suppose something like

 

Settlement of the Second charge

Copy of credit file

Copy of letter from LRT Dated to show when I started to investigate

Copyof letetr from Nationwide confirming taht they are removingteh default in rleation to this debt

Oft report to support my claim of charges as unfair

Courtissue apper to show that we are counter claiming against Nationwide

Sexy specs

Suit to boot

 

ANyideas?

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Righto thanks Ihave been following his thread with interst as Im looking at taking on the CRA directly - to what end, I have sent letetr of fto the FSO and ICO regardign defaults by my other to banks (another very long story).

 

AS long as Im on the right lines.....here we go

  • Haha 1

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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thats what i thought hey when all else fails, if its a chap top botton of blouse as well what do you reckon?

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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