Wilko v Nationwide

[paulwilko]

Okay, N1 was posted to the courts on Feb 8th.

 

Roughly how long does it take from now to start see the money rolling in ??

 

What is the process from here on in ?

 

Cheers

 

Paul

[mahharg]

Tick tick tick. From reading other threads reckon about 10 days from when your claim is received to when you get your money.

 

In the unlikely event that you don't receive your money:

 

Nationwide have 14 days from date claim is "served" to acknowledge the claim they then have 28 days from date claim is "served" to issue defence . In majority of claims (90% or more) they pay up and don't issue a defence.

 

The next thing for you to do is wait and then one of three things:

 

1) If they issue a defence then you will be sent an AQ to fill in.

2) If any of these deadlines are not met then request a strike out ASAP because every day you delay gives them them extra days.

3) Most likely outcome. :grin: Watch YOUR money roll in within 10 days:grin: .

[paulwilko]

Looking forward to it already

 

Thx for your reponse

 

Paul

[paulwilko]

21st Feb 2007

 

Got this thru the post today

 

What is the next stage ?

 

When do I actually start taking this serious or is it another ploy to get me worried.

 

Remember I am claiming contractual Interest at the unauthorised rate of 24.9%

 

Thx

 

Paul

[tink2]

Hi Paul, that's an acknowledgement you've received. NW have 28 days to submit their defence. I've made two claims from them now, and they usually pay up around 10-15 days after the acknowledgement date. Their defence with mine was that they had paid all the monies due! The date on their defence was the same as the date of the last payment to my account. So don't worry you'll soon see the money roll in!

 

Tink2

[paulwilko]

Thx for the reply

 

It does say that they intend to defend. Is there something else they have to do before they defend or is it just a waiting game now B4 the money hits my account ?

 

Cheers

 

Paul

[eggopp]

Hello, looks like your just a little ahead of me with your claim.. From what ive read in the forums when they say their going to defend its because theyve paid out.. have you checked your bank account since the last time you posted? about 4 days ago? Im still waiting, my court stuff has just been issued.. Its just a waiting game for me..

[paulwilko]

I check my bank every day adn quite often during that day. No change as yet.

 

I will let you know when it does

 

Cheers

 

paul

[eggopp]

I have to say checking your bank balance everyday is habitual and addictive.. ive got the same bug haha the only way of over coming this addiction is a nice payout.. so come on Nationwide.. rehabilitate all of us lol

[paulwilko]

As of the 28th Feb, i have just been paid two sums.

 

£999 and £725 which is exactly my charges with no interest and no courtfees repaid.

 

They are still short of about £1500 which is including the court costs and contractual interest of the unauthorized rate.

 

Do i have to do anything or will they continue to pay up in bits and pieces ???

 

Thx

 

Paul

[eggopp]

Ive read that they pay out in dribs and drabs until its all paid

[Tango34]

Did you have to send in the AQ or have they paid out without it? I am now 1/2 way into the 28 days part! Here hopeing its my turn soon.

 

Rgs

[paulwilko]

If you look at post 54 on this thread, taht is the only paperwork i have had from either the court or Nationwide.

 

So i have not done any AQ or anything other than issue the N1.

 

Hope that helps

 

Paul

[paulwilko]

Yesterday (5th March), I phoned the court to see if the Nationwide had filed a Defense or an intention to defend.

They have heard nothing from them other than they have acknoledged the claim.

 

I have had some money back but am quite a bit short of my whole claim (appx £1500).

 

As I am claiming contractual at the un authorised rate, would it be fair to assume that I will be getting an AQ at some time soon.

 

The 28 days from when it was deemed served is next wednesday 14th March.

 

If i hear nothing, what would be the next step for me ?

 

Thx

 

Paul

[mahharg]

Hi PW

 

Nationwide have until Wednesday 14th March to submit a defence (28 days from when claim is deemed served). If they don't you should contact court first thing on Thursday 15th to ask for it to be struck out hence YOU WIN and Nationwide have to pay your claim in full.

[paulwilko]

Thx for your quick reply.

 

Thats what I thought.

 

So when does the AQ come into play ? if at all ?

[mahharg]

If they submit a defence then you will get an AQ. Remember that your interest goes up every day. I do believe this is the case even when judgement is made (when case is struck out)

[paulwilko]

The AQ came thru today (Wednesday 7th March)

 

Who thinks there is a good chance of winning this battle ??

[GaryH]

I am just about to fill in my AQ.

 

Nationwide have ticked the box that says they have paid me.

Infact they have only paid what they believe to be the right amount, not the amount i believe they should be paying which includes contractual interest at the unauthorised rate of 24.9%

 

I have not had any offers or correspondence from Nationwide, they just paid the money into my account which i have left alone.

 

Can you please explain what exactly is the draft order and why i need to send it and also how do i word the AQ stating that i have only had part settlement ?

 

I do have the Section G Other Information which can be found on page 11 post 206 of this thread written by Gary but was wondering whether anything needed adding regarding their partial payments made to me ?

 

I would appreciate any help you can give me as i need to get the AQ in the post wednesday the very latest

 

Thx

 

Paul

 

Hi Paul,

 

A couple of questions first if you don't mind;

 

1) How did you plead the CI part on your claim form (if you could post up the POC it'd be good)

2) What are the contents of the defence? Again, if you could post it up that'd be great.

 

PM if you prefer.

[paulwilko]

Hi Paul,

 

A couple of questions first if you don't mind;

 

1) How did you plead the CI part on your claim form (if you could post up the POC it'd be good)

2) What are the contents of the defence? Again, if you could post it up that'd be great.

 

PM if you prefer.

Thx Gary, I will be able to do what you want at lunch because i will scan it all in.

 

What does POC stand for ?

 

I will also post the contents of the defence as it may help others rather than PM.

 

Thx

 

Paul

[GaryH]

Thanks. POC = Particulars of claim.

[paulwilko]

Ahh, okay, I will do that at lunch time, if you could reply to that, i would be most grateful

 

Cheers

 

Paul

[GaryH]

No probs, I'll be here for most of the day (week off work - yay!!!)

[paulwilko]

No probs, I'll be here for most of the day (week off work - yay!!!)

Okay

 

Attached is my POC

 

My wife has the defence at her work so i cannot scan it in, but this is what it says

 

"I dispute the full amount claimed as shown on the claim form

 

dispute because you have already paid it .. yes i paid £2387.24 on the 1/3/2007.

details: Charges totalling £1724.00 have been refunded to the claimants account on the 28th February 2007. The further sum of £120.00 in respect of the court fee of £120.00 and interest of £543.24 was also credited to the claimants account on the 1 march 2007.

 

Defence

 

The defendant has refunded all charges debited to the claimants account since 9 feb 2001 that had not previously been refunded. Insofar as the claim relates to charges debited to the claimants account before 9th feb

2001 it is barred by virtue of the provisions of the limitations act 1980.

 

The claim for interest at the rate 24.9% is denied. The defendant has paid the claimants simple interest at the rate of 8% per annum from the date on which the charges were debited to the claimants account to the date of the refund. The claimant believes that the interest paid is sufficient to compensate the claimant for not having access to the funds during the above period.

 

No further sums are due from the defendant to the claimant."

 

What do you think, do you need anymore info ?

 

Thx again

 

Paul

nat wide n1 poc for website.doc

[GaryH]

Have they paid everything which they state they have? I'm assuming they have.

 

You've two choices;

 

1) Accept the amount which they have already paid and drop the claim.

 

2) Continue solely for the contractual interest.

 

You need to think very carefully about which of those options you decide to choose.

 

Are you confident of your arguments in respect of the basis of your contractual interest claim? Do you understand the principles of the implied term argument? Do you firmly believe in these arguements, and most importantly, are you confident that you could put them succinctly to a judge in court? Do you know what you'd rely on in court to substantiate you CI claim?

 

If the answer to any of the above is no, then I would strongly advise that you drop the remainder of the claim.

 

The CI debate is controversial. Many are sceptical about the legal validity of contractual reciprocity in the context in which we are discussing it here. There are very compelling, and very valid, arguments for CI - many have won it in claims (although none have in court) and it is certainly win-able IMHO. However, the fact remains that these are just that -arguments - and the legal basis for it is flimsy to say the least. In fact, there is even a House of Lords authority against the awarding of compound interest in restitutionary claims - although this is in respect of the argument of unjust enrichment as I'm aware, rather than the implied term argument.

 

The big problem which you have is that they have already paid you your charges + 8% + court fees. This means you would have to go to court solely to argue the contractual interest portion, which is undeniably risky. Also you should bear in mind the possibility that the bank could now apply to strike out the interest part of the claim on the basis that you've no reasonable grounds for it to continue.

 

This is why you need to know your stuff. The issues are complex and need researching properly. If they did apply to strike out, you'd have to show good reason that the remainder of your claim is valid and had reasonable chance of succeding. If you turned up ill prepared and without proper knowledge of the basis of the interest claim, you could face a strike out with costs being awarded against you.

 

I'm not trying to put you off, but if you pursue you need to go into it with your eyes open and in full view of the potential pitfalls.

 

Of course the case may be that Nationwide will pay up before court anyway if you hold out - but it would be wholly irresponsible to rely on this alone.

 

Here's a couple of threads which represent both sides of the coin -

http://www.consumeractiongroup.co.uk/forum/general/63596-contractual-interest-judge-doesent.html

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/62476-hbos-successfully-defended-claim.html

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/26172-mindzai-lucid-lloyds-tsb.html

http://www.consumeractiongroup.co.uk/forum/natwest-successes/67250-court-thursday-contractrual.html

 

Let me know what you decide. If you wish to continue then I will of course help you with your AQ as you requested originally.