EndOfMyTether vs Nationwide

[eggopp]

Dont file judgement straight away... give about 3 or 4 days grace in case they respond at the last minute, ciz if that happens they can ask for a 'set aside' and then you wait another 28 days... ts one of there tactics to delay matters...

[EndOfMyTether]

ok, but if they do enter a defence won't it show up on my MCOL page? I also feel that they've had plenty of time and that if the boot were on the other foot they wouldn't be giving anyone a few days grace...

[eggopp]

I agree, just be patient, i can sympathise with you as can hundreds of others on here... give it 3 or 4 days if for nothing else, but to save another 28 day wait if they set aside..

[EndOfMyTether]

I went onto MCOL on Thursday and it now says:

 

Defence

You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

So, what happens now? Do I receive paperwork by post?

[Varangian3]

End

 

This happened with me in recent days and I just waited.

 

Then on 25th day after service the court wrote to me to say that Nat. has pleaded defence as having settled in full on 23rd. The interest was paid in a couple of days later, but still not the charges, so will have to chase now. Surprising for them to take this long when they have told the court its already paid.

 

Hope this helps

 

Varangian

[EndOfMyTether]

oh, ok, I didn't think of the fact that their defence might be that they'd paid - I guess I always tend to think the worst!

 

How did they pay you? My Flexaccount has not been used since they stopped all activity on it two years ago - I really hope that if they do pay me they don't simply dump the money into an account I can't access...

[Varangian3]

The cash was just transferred to the Flex account, but so far only the interest and court fee.

 

I think that normally they will pay money to the account if it still exists, in which case they would need to reinstate it or you have a case where there have not actually paid you.

 

Sorry I can't help more.

 

Varangian

[mrsid]

Hi,

 

I complained to the Financial Ombudsman after Nationwide decided to defend the claim, and they settled in full (including interest & court costs) within 2 weeks. Try the Ombudsman (search for the address on the web) as it seemed to speed things up for me.

 

Good luck

[MilkTrayMan]

...I complained to the Financial Ombudsman after Nationwide decided to defend the claim, and they settled in full (including interest & court costs) within 2 weeks. Try the Ombudsman (search for the address on the web) as it seemed to speed things up for me.

???...U posted on 2nd May that U had received a Defence that had to be replied to by the 30th May...

http://www.consumeractiongroup.co.uk/forum/nationwide/79705-inthedark-nationwide-2.html (#37)

 

Also on 2nd May, in the following Thread, U appear to have taken heed of what could possibly happen eventually...

http://www.consumeractiongroup.co.uk/forum/nationwide/67232-taking-nationwide.html#post790074 (#7)

 

Why all of a sudden are U saying that if U claim via the FSO U will get your money within 2 weeks???

Did U complain to the FSO that Nationwide was Defending your Claim???

...and that 'speeded up' your Court Claim???

 

Are U NOT aware that U need the Courts permission to end a Court Claim???

 

Methinks that if Nationwide have paid U out, then it has nothing whatsoever to do with the FSO, who, in any case, would NOT adjudicate whilst a Claim was under the Courts Juristriction.

[EndOfMyTether]

Hi Varangian

 

I have confirmed with MCOL that the defence was submitted on May 30th (which was more than 28 days from their acknowledgement of the claim and more than a month from the date of issue), it's now a week later and I have heard no more. Should I be getting something in the post now? How long did it take for you to get your info about the defence?

 

Am I being too pessimistic in thinking that because they took it to (or maybe beyond) the time limits that they're really going to fight it? What are the timelines for Allocation Questionnaires and how long should it take to receive anything?

 

I'm becoming more and more frustrated and convinced that it's going to fail

[Varangian3]

End

 

I was very frustated that MCOL kept saying there was nothing I could do as they were defending. On 24th May they told the court that they had paid the money into my account on 23rd.

 

The claim had been served 29 April, although on 27th they had already Acknowledged Service through Eversheds.

 

The court should write to tell you whatever the defence is and if you don't receive this you must chase them. Also check your account to see if any money is being transferred. In some threads it seems that the first people know about the settlement is what money starts to appear in the account.

 

As far as I understand it, whatever their defence is you cannot act until the court instructs you what the defence is. You need to tell them that you have not received details.

 

Sorry I can't help more as this was different from my claim.

 

Varangian

[EndOfMyTether]

Thanks, that's actually really helpful, I just wasn't sure how long it should take for me to receive something through the post from the court.

 

My problem is that I can't check the Flexaccount I am claiming against because I've had no way to access it for over 2 years so even if they did pay the money in to it I wouldn't be able to get to it...

[EndOfMyTether]

Following on from my original Nationwide thread: http://www.consumeractiongroup.co.uk/forum/nationwide/56376-endofmytether-nationwide-2.html

 

Should I be worried that I've not received anything from the court even though the 28 days was up 2 weeks ago and MCOL said that there was nothing more I could do on there as Nationwide had entered a defence.

 

How long should it take to get something from the courts regarding the defence - surely if it's going to court and I need to complete an Allocation Questionnaire I ought to have got it by now?

 

Any help or advice on what to do next would be gratefully received.

[sittinpretty71]

I wouldn't worry at all - others, including myself are in the same boat. Nationwide put in a defence on my claim on the 28th day on 30th May & I haven't heard anything either. After a week I phoned MCOL and they told me they were six working days behind, last Thursday I phoned them again & they advised that the paperwork had been sent to my local court & I would hear direct from them not MCOL on Tuesday or Wednesday this week (two weeks after the defence was put in). I think the delays are due to the massive numbers of claims going through the courts (1000+ with MCOL alone each day). I panicked about the delay last week & a few posters quite rightly told me to chill, which I started to do a couple of days ago & I now found that my nervous twitch has gone! You will hear shortly I am sure & then Nationwide will get round to refunding you!

[kopstar1965]

She's right, somewhere on here it says this is NOT a get rich quick scheme, we all started months ago & most of the charges are from years ago so days won't hurt.

We will win.

[EndOfMyTether]

Thanks for your 'friendly' input kopstar. I am certainly not viewing this as a get rich quick scheme - I want to try and get my charges back so that I will be able to finally clear once and for all the debts I incurred when I was made redundant.

 

My post was merely centred around a concern that I had not heard anything and did not want to miss any deadline I may have to meet in getting the Allocation Questionnaire back to the court should it have gone astray in the post. A perfectly reasonable concern I'd say.

[EndOfMyTether]

I've received the Notice of Transfer and it says I have to return the AQ back to my local County Court.

 

However, there is no AQ with it and there's also a transfer document from Northampton County Court that says

 

Before District Judge Murdoch

 

Sitting at Northampton County Court

 

Without hearing it is ordered that:- 1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

Note: Any party affected by this Order may under Rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

 

Nationwide have disputed the full amount claimed and the defence from them via Eversheds is that 1. I admit that I hold a current account with them 2. charges made were in accordance with the contract between me and Nationwide 3. I was regularly advised of the amounts that I would be charged and 4. that they therefore deny that I am entitled to repayment of the charges, as claimed, or at all.

 

So, what do I need to do now? I'm confused by the lack of an allocation questionnaire and also wondering why it seems that so many others have had these success stories where Nationwide entered a defence that they'd already paid. Do they randomly pick a case to fully defend or am I just unlucky?

 

I am really trying hard not to lose heart and feel too down but it's starting to feel really tough now. Still, I suppose that's what they want and that if they say it's going to court we will give up. I don't plan to.

[kopstar1965]

No offence intended EMT, I received my defence papers from the court in Northampton today & just like my Barclays one it contains the suggestion from them that the AQ be dispensed with unless the local judge specifically requests one.

It could be that the court in Northampton is trying to take a lead & speed things up by doing this. For my Nationwide case it has taken 8 days from filing to the next step, I would guess the courts are being swamped.

Andrew

[kopstar1965]

Hi mate, just picked up on this thread after your post on another. We have to wait for communication from your local court for the process to proceed further on a legal basis, I would suggest you start preparing your court bundle, copying statements & correspondence etc, if only that it re-assures & prepares you for the eventuality that it may end in court, but also passes the time.

I think they are swamped with claims, i hope we will all get paid before long, other cases would indicate weeks at most, but it may still be the one that ends up with a date & a hearing so we may as well prepare ourselves.

I am in the same position on 2 cases, now waiting for a court date from both, it seems to be who is more determined & I think I know the answer.

[EndOfMyTether]

I'm in a real weird place now

 

I've just got a letter from Nationwide saying they've refunded my charges (not all that I claimed, they say it's wrong but I'll be checking that!) plus 8% interest and court fees.

 

Great! I hear you say... But...

 

I have had no access to my FlexAccount for (possibly just over) 2 years since they stopped all activity on it and therefore, if, as they say, they've put the money in there, I can't get to it!

 

Their letter then tells me that if, in future I don't manage my account correctly they'll give me 30 notice of closure and I will need to make alternative banking arrangements. That is exactly what I did 2 years ago!

 

I really want to be happy that they've paid but it feels a bit like they've given with one hand and taken away with the other right now!

 

So... Help me please someone... How do I get my money? Can I write and tell them that I want them to send me a cheque?

[crazyworld]

Hi there, just wondered if it might be worth you giving them a call or even nipping in to your local branch, just explaining that you have had funds deposited to an account you no longer have access to, and if they could arrange either for you to go into a branch, and collect your money with some proof, or whether they could send out a cheque?

[snu]

You should be able to fill out an account closure/withdrawal of funds form, upon which they will fully close the account and provide you with a cheque.

[MilkTrayMan]

...I've just got a letter from Nationwide saying they've refunded my charges (not all that I claimed, they say it's wrong but I'll be checking that!) plus 8% interest and court fees.

It is NOT for Nationwide to apportion what they have paid U!

 

They have defended the Claim in FULL...

So they should either pay the FULL amount, in order to Settle, or else pay NOTHING!

 

U have already sent them your Schedule of Charges!

...They are trying to pull a fast one.

 

Remind them that U will proceed with your Court Claim unless they pay U everything that U have Claimed...END OF!!!

 

By all means triple check your own figures, but don't give them the satisfaction of them knowing that they have caused U to doubt yourself at such a late stage in the Re-claiming process!

 

btw...DON't spend any of the money that they have already given U until they give U it ALL...and if they only send U a cheque for the lesser amount, send it back if U're quite sure that another one for the difference isn't going to be forthcoming!

[EndOfMyTether]

Actually, it's quite funny - on checking their list against mine, I have found that although they've missed off a whole month's charges (Feb 2005 - which was the last of the charges on the account) from their list, they have included about 30 individual amounts of interest charges that I didn't put in my original claim.

 

I didn't include these in the original claim because they total less that £20 all in and were, as far as I was concerned, legit fees for my agreed overdraft limit usage and were charged long before the redundancy that sparked the problems of bounced cheques, DDs, SOs etc that led to the huge charges. However, if they want to pay me them back with interest as well, then that's their lookout...

 

I am now in the process of drafting Nationwide a letter informing them that, as far as I am concerned the claim has not been settled because a) their figures do not equal the amount of ALL of the charges and b) that, by refunding money into an account to which I have no access, they have not in fact refunded me at all and, until such time as I receive a cheque from them for the full amount, I will continue with my court proceedings.

 

Back to waiting I guess

[EndOfMyTether]

ok, in my seemingly never-ending battle with Nationwide I now have a court date and I have no clue what I should do now.

 

I won't repeat earlier posts/threads here but will just add the relevant links

 

The letter from my local court arrived today setting the hearing for 10.30am on July 3rd (not much notice that!) and says that '5 minutes has been allowed for the Hearing'

 

As I don't have an AQ to complete, http://www.consumeractiongroup.co.uk/forum/show-post/post-912237.html what do I need to do? Do I simply turn up with a printout of my MCOL confirmation page showing my Particulars of Claim and a copy of my Schedule of Charges?

 

Nationwide signed for my latest letter http://www.consumeractiongroup.co.uk/forum/show-post/post-921501.html on Weds so I'm hoping that it won't actually come to court and that even if it does, Nationwide won't have a leg to stand on as I have a letter from them telling me they are refunding (even if it was for the wrong amount and into a defunct account!) http://www.consumeractiongroup.co.uk/forum/show-post/post-919873.html so, surely they can't go back on that.