KenSpe Vs Nationwide

[KenSpe]

Hi Folks,

 

Sorry for the delay - busy time, work, storm damage and so on.

 

LU1 - see Milk Tray Man's excellent advice earlier on in my thread...don't do the NW any favours, they are dragging everything out as long as they can just to save money and wind us ll up, but hey, we can wait....

 

1) I posted (signed for) the MCOL court papers stating I wish to proceed yesterday. No letter or info the Charles Bacon.

 

2) The court papers, which contained a copy of the Nationwide's defence declared they had settled in full, (which they have not) and detailed the payment and date it was paid to my account.

 

3) I have claimed for £3700+, which I filed with the court, so they will know the difference.

 

4) Letter closing the account states that I was not prepared to conduct the account according to terms & conditions etc. They give you an absolute date closing the account. I wondered about writing to them to say that the reason I could not do so was because the T & C's are unlawful and that in due course the OFT and Financial Ombudsman will be telling you that! I think I will, just to make the point.;-)

 

Keep smiling!

 

KenSpe

[KenSpe]

Another Update,

 

No news I'm afraid. Nothing has appeared in my account except for the refunded charges for this months that were promised. The account closes on 11th February, so everything is shifting over to my new account with the Alliance & Leicester...hope the wages go in OK!

 

Charles Bacon, if your reading this site....I am still waiting for my £909.00 and I am pursuing it through the Court...all the way.

 

Best wishes and good luck to you all.

 

KenSpe

[KenSpe]

Help!!!

 

Nationwide have filed a defence for the £909 thwy still owe me and I have until 13th Feb to submit my 'Allocation Questionnaire (small claims track).

 

1) - Is my claim is now for remaining £909?

2) Do I need a lawyer?

3) What advice can folks offer before I continue?

 

Best wishes

 

KenSpe

[kitkat35]

Hi KenSpe

 

I also have until the 13th Feb to return my Allocation Questionaire. Like you I am not sure if my claim would now be £718 instead of the full claim. Does this mean that you do not have to pay the fee? I understood that claims over £1500 there was a fee payable. I must admit it is putting me off proceeding I am still hopeful that they might settle before.

[KenSpe]

Hi KitKat35,

 

I am going to identify that I am pursuing the remainder of my claim and acknowledge acceptance as a partial settlement the 75% of my claim that has been met. I will request further guidance from the court.

 

I have stated that I may wish to submit expert opinion with regards to the law and if required I will appoint a lawyer and charge the Nationwide for the costs.

 

Good luck KitKat35

 

Keep posting!

 

KenSpe

[MilkTrayMan]

Hi kitkat35!

...I also have until the 13th Feb to return my Allocation Questionaire. Like you I am not sure if my claim would now be £718 instead of the full claim. Does this mean that you do not have to pay the fee? I understood that claims over £1500 there was a fee payable. I must admit it is putting me off proceeding I am still hopeful that they might settle before.

 

The following link will tell U the costs:

County Court Fees

 

U claim the same amount U did when U originally submited your claim @ Court.

It is down to Nationwide to prove any payments made in respect of your Claim.

As they have NOT Settled in Full...How will they be able to prove otherwise??!...lol

U have another week and a half to go before U have to file your reply, if they still haven't paid up by then!

Start looking @ holiday brochures!...lol

[KenSpe]

Todays Update

 

Nationwide are closing my account on 11th Feb, but they still have £1045 to re-imburse to my account.

 

I submitted my Allocation Questionairre over a week ago (I have heard nothing from my local County Court as yet).

 

I telephone the nationwide last week to ask them when they were going to complete their re-imbursement of my claim, but the nice young lady couldn't handle my call and asked me to write to them, which I did. As they still have not paid me the monies owed I called them today...and was told the money that have re-imbursed already is all that they intend to re-imburse.

 

I am not really sure as to what will happen next and how they will re-imburse me the final monies once the courts instruct them to do so?

 

Any help would be gratefully received.

 

KenSpe

[Lu1]

Hi Kenspe

I've received my allocation questionnaire and that has to be submitted by the 20th Feb, I really wish they would just pay up now - did you have to pay the £100 to submit the questionnaire?

Have to admit I am worried now and feel slightly out of my depth but good to know other people are at the same stage.

 

I think seeing as they have closed our accounts we just receive a cheque for the remaining amount WHEN we win!!

Really not sure what happens next though mate sorry

[KenSpe]

Update time.

 

Almost another week has passed since my last post. Nationwide still owe me £1045. The old account closed and they posted me a cheque for £3.45! I have yet to hear from my local County Court re the continuation of my claim, suffice it to say that date for submission has now passed...has anyone out there experienced this stage yet?

 

I have e-mailed the FOS with my detailed comlaint re Nationwide closing my account (a obviously punitive action) and the incomplete settlement...as yet no response.

 

Look forward to your replies.

 

KenSpe

[redsue]

Kenspe - there are a few of us further on than you - myself and Debt mountain to name two

my thread is here - hope it may be of use to you

http://www.consumeractiongroup.co.uk/forum/nationwide/28574-authorised-interest-unauthorised-interest-3.html#post300371

 

the fight goes on...

[KenSpe]

Well, here I am still waiting for the local County Court to offer me a slot. Since posting my continuing claim to them re the outstanding £1045 that the Nationwide still owe me I have heard nothing.

 

KenSpe

[MilkTrayMan]

Hello KenSpe!

Have U NOT tried getting in touch with the County Court with regards the delay...either by phone or in person?

[KenSpe]

Hi Folks,

 

Update Time. Yesterday I received a General Form of Judgement or Order from the County Court which identified to the Nationwide;

 

"Upon reading the court file IT IS ORDERED THAT 1. Unless by 9 March 2007 the defendant files acompleted Allocation Questionnaire the defence and any counterclaim shall be struck out without further order".

 

It would seem therefore that my claim will be won by default!!

 

I expect to hear from the Court a week on Monday, hopefully good news.

 

KenSpe

[redsue]

"Upon reading the court file IT IS ORDERED THAT 1. Unless by 9 March 2007 the defendant files acompleted Allocation Questionnaire the defence and any counterclaim shall be struck out without further order".

 

Kenspe - they will most probably file it on the 7th/8th March - my local court let them file it a WHOLE MONTH LATE.....

So be prepared for the long haul... they seem to have changed tactics lately I think they may be just dragging the process out waiting for the response from the OFT due in April.

[Quest]

Hi Kenspe/ redsue,

 

I am in almost the same position as you. Filed MCOL for just under £5k, including compound contractual interest, they paid charges, court fees and staturoy interest and have said that's it.

 

I am a week away from the original deadline for Nationwide to file defence. Assuming they file a defence 'weve paid up', and bearing in mind that if proceed, it's possible I will have to argue the case for contractual interest only. Clearly I want to retain as much of the original POC which talks about charges as possible.

 

What action would you recommend for me at this stage. I have NOT yet written to Nationwide to accept / reject their part settlement. I have however phoned the court and they advised me that I need do nothing until such time that the original defence date is passed (then go for default) or as is likely, respond to their defence, if filed in time.

 

Quest

[redsue]

Hi Quest

Unfortunately, because my claim is split and I'm going just for contractual I think I am most probably on dodgy ground - I think I may have been one of the first to go for contractual interest with NW.

If I were you I would refuse the settlement - that way when you get to court you are arguing a full case ie. charges plus interest.

If they have deposited it into your account - I wouldn't touch a penny of it. Write to them saying you reject their offer and I think you'll be in a much stronger position when it gets to court - as in your allocation questionnaire you can ask for full disclosure - it may be worth going and having a read of the contractual interest threads - good luck

[Quest]

Hi Redsue, unfortunately my girlfriend was anxious to get her hands on the money and hit the shops ...so it looks like Im going downd the same route as you!

 

Would be very keen to learn of your arguments in your AQ and how Nationwide respond. I believe I am a few weeks behind you...Nationwide have until the 21st to file a defence so Im hoping they will overlook this in given that their admin is shoddy at best and must be overstretched with claim activity.

 

Quest.

[KenSpe]

RedSue / Quest,

 

I received a cheque for £1269 on Friday - the very day that they had to supply a defence to Court by!!!!....I won a full re-imbursement totalling over £4K.

 

I waited about 3 weeks, my local county court informed me that they asked the Nationwide to file a defence by 9th March...the day I got the cheque.

 

I telephoned the Nationwide after submitting my Allocation Questionaire and I wrote to them informing them that I was pursuing the claim all the way to the end and that I accepted their initial payment as a partial settlement. When I spoke to them I pointed out that I was £1K short, they told me that was all I was going to get, following which I said "I don't think so, politely requesting that they could save the court hassle and pay me now, which they declined. Their delaying tactics were sublimly ridiculous as I ended up with extra monies as a consequence of 8% interest.

 

I wonder how they explain that level of incompetence to their shareholders etc?

 

Hey ho, still can't wait for what the OFT are going to say to the banks...and by the way I am pursuing a complaint to the FOS re closing my account down.

 

Good luck to you all....your success is but days away.

 

KenSpe

[Quest]

Hi Kenspe, good to hear your news and well done for you perseverance.

 

I am now watching the clock tick down...still no defence from Nationwide. Im hoping that they will forget, but even if they do defend, which I suspect all it will say is 'weve paid up', I am prepared to take them on wrt CI.

 

I mentioned I was going for CI at the prelim and LBA stage, despite them opting to pay the 8% statutory, and they still have not paid my claim in full, I plan to use the new approach to AQ and state that they have only paid x % of my claim and hopefully force them into disclosure via the AQ.

 

I expect them to try and force a ruling through Fast Track so that they can bully me into submission...so here is the dilema....

 

....Clearly as they have already paid charges, court costs and 8% statutory, it is in my interest to try and keep the claim 'intact' and force them into an argument about charges....which clearly they would not want to do.

 

However, on the other hand, I suspect they will try to just talk about CI and because this is a contentious / untested route, they may want to argue fast track based on complexity and a possible lengthy hearing. So my defence to counter this would be that we only have one issue to discuss so how could it take more than an hour or so...ie to prevent the move to Fast Track.

 

So on the one hand its in my interest to potentially keep the claim 'intact' and on the other it may be in my interest to just go for one issue ..CI.

 

Whatever, I believe I must keep it in small claims territory as the Nationwide's options are clearly limited down this route and I suspect their appetite to take me on will be diminsihed.

 

Any advice / thought on how I might approach the potential AQ would be appreciated.

 

Quest.