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EndOfMyTether vs Nationwide


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That's all there is - it's one side of A4 that says the Hearing will take place om July 3rd at 10.30 at my local court and that I should attend. It then says that 5 minutes have been allowed for the Hearing.

 

The only other thing it says is that they try to get things done on time but that delays may occur and that I should contact the court by 2.30 the working day before my case to ensure that there have been no changes to the listing.

 

As mentioned in my previous posts I don't have an AQ to complete so I don't really know what to do - Nationwide have written to say they've paid out, but it was the wrong amount and the account they claim to have refunded it to has not been accessible to me for over 2 years so I can't even check if the refund they claim to have made has actually been done.

 

I'm getting worried because the court hearing is next Monday. Should I e-mail Charles Bacon a reminder of this and send him a copy of the letter that I sent to the Member Account Servicing dept in response to their letter informing me of the refund?

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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That's all there is - it's one side of A4 that says the Hearing will take place om July 3rd at 10.30 at my local court and that I should attend. It then says that 5 minutes have been allowed for the Hearing.

 

The only other thing it says is that they try to get things done on time but that delays may occur and that I should contact the court by 2.30 the working day before my case to ensure that there have been no changes to the listing.

 

As mentioned in my previous posts I don't have an AQ to complete so I don't really know what to do - Nationwide have written to say they've paid out, but it was the wrong amount and the account they claim to have refunded it to has not been accessible to me for over 2 years so I can't even check if the refund they claim to have made has actually been done.

 

I'm getting worried because the court hearing is next Monday. Should I e-mail Charles Bacon a reminder of this and send him a copy of the letter that I sent to the Member Account Servicing dept in response to their letter informing me of the refund?

My advice would be to ring the court and explain to them exactly what has happened. As i also am claiming from Nationwide,they had paid me so much into my account but not all. so i sent letter to Nationwide saying thankyou for part payment of my claim, but i shall be holding out for the rest of the amount. Told my court exactly what was happening and that i would still be reclaiming for the rest. Had my court date on the 15th june,nationwide however got struck out as were to late for the hearing by 45mins. Also when u ring them they shall tell u what to take with you. hope this helps
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OK, the other thread you started (& you really should keep them together so people can follow it) the Judge at Northampton instructed that an AQ be dispensed with, this is what your court has done. In most cases the next step is to allocate a date, the judge issues instructions for the claimant (you) to submit information they intend to form the basis of the claim. It looks as if your court has missed a bit out, possibly in an attempt to speed things up.

You need to ring the court & find out if any more info is required so that you at least are prepared for court on Monday.

You should also take some ID into a Nationwide branch, passport, driving licence etc & ask about the account you held, they have been re-opening them & putting money in. You need to do this first but quickly, once they have confirmed your ID you should be able to take the money out over the counter or order a cash card.

Don't panic, but don't sit there wasting time.

Keep this thread updated & everyone can help.

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At the risk of getting my head bitten off again, I've decided to update this thread.

 

As previously stated, I got a letter from the court on June 22nd notifying me of the date for the Hearing (July 3rd, 10.30). That's all it said, no mention of needing to do anything other than turn up on the day and that 5 minutes had been allocated for said Hearing.

 

Anyway, after ringing the court to find out if I needed to do/bring anything they said 'just bring copies of your claim and what you're claiming for' I'm a bit worried that it may not be as simple as that so I've got three copies of the court bundle ready to take with me in case I need them.

 

Prior to that I received a letter form Nationwide saying they'd refunded (see link in first post on this thread) albeit the wrong amount and to a defunct account.

 

I responded to that letter saying I did not consider it settled and would proceed with court action.

 

This week I got two more letters, one of them was the standard 'bog off' letter from Nationwide telling me that, as they are fairly applied to the account, they're very sorry but they can't possible agree to refund my charges. (There's nothing like a little self-contradiction!)

 

The other one arrived yesterday and was from Eversheds. This one says that their client has informed them that they have refunded (the wrong amount) into (the defunct account) and they want me to send them a signed copy of the letter agreeing that the claim is settled and any Judgment be set aside.

 

Needless to say, I was keen to respond (and with there not being much time before Tuesday) so I e-mailed the person who sent the letter - [email protected] and copied the mail to [email protected] and [email protected] informing him that I did not consider the matter settled and referring him to my previous letters for the reasons why not. I stated that, as I no longer have an account with Nationwide, until such time as I receive a cheque for the full amount of the charges plus interest and court costs the case would proceed.

 

It'll be interesting to see if they contact me on Monday but if not, it looks like I'm off to court on Tuesday morning! It's a good job I have an understanding boss...

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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Hi EMT, Good luck for tomorrow, you can only guess at what the judge can look into in 5 minutes, could be that he thinks the NW will not attend & so he can decide in your favour. I hope they do contact today to sort the mess out, they seem incapable of getting it right.

Keep us up to date on this, your case is unusual & may be a reference for others in the future.

"Copies of your claim & what your claiming for" would imply schedule of charges, MCOL or relevant document, correspondence like SAR & LBA etc, but the more you take the better.

Andrew

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Needless to say, I have had no contact from either Eversheds or Nationwide today either by phone or e-mail, so it's off to court I go in the morning.

 

I'm probably being over-cautious but, even though I haven't specifically been asked for it, I'm taking absolutely everything - including all the documents in the court bundle I got from here. I have 3 sets of the papers in files and am about to go through and highlight the charges on the copies of the statements (why doesn't highlighter pen photocopy?). I've reprinted my schedule of charges today so the interest amount is as up to date as I can get it and I guess it's fingers crossed from her on in.

 

I'd really love some input from someone else who has actually got to this stage and been to court - I simply have no idea what to expect!

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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Im behind u!! I hope U dont actually get to the hearing!

[COLOR=royalblue]Halifax......WON 16/7/07 :D [/COLOR] [COLOR=red]Nationwide...WON 16/7/07 :D [/COLOR] [CENTER][URL="http://petitions.pm.gov.uk/sections187and45/"][B][SIZE=4]Please sign this Downing Street petition on Bank Charges and Benefits[/SIZE][/B][/URL][/CENTER]

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Sorry I haven't updated this sooner but Tuesday turned into my own personal first line of a Tale of Two Cities.

 

I went to court, no-one from Nationwide or Eversheds turned up and the judge, after much eye-rolling at Nationwide's behaviour, decided in my favour.

 

Great news, although of course, I don't actually have the money yet.

 

Then, that night, after a very emotional heart to heart my OH and I decided to call things off.

 

It was certainly a day of mixed emotions and felt a bit like a hollow victory in the end.

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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hi EMT

 

Sorry to hear about your week!!! it certainly has been eventful and emotional.Update us all as to when and how you get your money,and remember:it cant rain all the time!!!:)

chris

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So sorry EMT, been wondering whats happend, we were hanging on in for you, relationship stuff is always crap to deal with.

In this country it can rain, rain & then some........................but the sun will come out, chin up.

Andrew

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5 threads merged

 

please keep to the one thread for each claim as you will recieve more informed advice if people can see at a glance what you have done so far :)

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Gee thanks Janet - that's why I asked for them to be merged!

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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Aaaaaaaarrrrgggghhhhh!

 

To quote Victor Meldrew, I do not believe it!

 

On Friday when I got home from work I had a message on my answerphone from Richard Norwood at Eversheds asking me to phone him about my claim. I did this yesterday and basically refused to discuss it with him on the phone and told him that anything he wanted to say to me was to be put in writing. He tried several times to badger me into talking to him but I just kept repeating that he needed to put it in writing.

 

So... when I got home this evening there was a letter from him and guess what? It's complete bull! Here's what it says:

 

We refer to our letter of 26 June 2007, to which you have not replied. We have also attempted to contact you on the telephone and have left a message.

 

We understand that you attended XXX County Court on 3 July 2007 and asked the Court for Judgement for the full amount of your claim, despite our client already refunding £2035.79 to your account.

 

In our letter of 26 June 2007, we explained that the further charges you were seeking were outside the 6 year limitation period and as such you are not entitled to recover such amounts.

 

We shall now be grateful for your confirmation that you no longer intend to proceed with the claim and that you agree the Judgement can be set aside.

 

Please sign at the bottom of this letter and return one copy in the enclosed pre-paid envelope.

 

Needless to say, I am not a happy bunny right now, so here is my response and I would be happy for any comments on it before I stick it in the post to him:

 

Thank you for your letter dated 9th July (copy enclosed) which was received by me this morning. In your letter you state that I have not replied to your previous letter. I would like to refer you to my correspondence dated 1st July 2007 which was, in fact, sent in response to your letter dated 26th June 2007. This was sent not only to you but was also copied to Mr Charles Bacon at Nationwide.

 

Another copy of that correspondence is also enclosed with this letter and I would like to reiterate that at this time I most certainly do not agree with your suggestion that the claim has been settled by your client and that the Judgement that was granted in court last Tuesday should be set aside.

 

Also in your letter of the 9th July, you state that I am seeking to reclaim charges that are outside the 6 year limitation period. This is absolutely not the case. The earliest charge that I am reclaiming is from May 2001 which was within the 6 year period when I filed my claim with the courts. Please refer to the enclosed copies of the lists of charges, one of which is mine and the other is from the Nationwide themselves. If you compare the two lists you will see that the only charges that appear on my list that do not appear on Nationwide’s one are those that were applied to my account in February of 2005 which, I am sure you will agree, is well within the limitation period.

 

Throughout the entire time I have been corresponding with the Nationwide regarding this claim for unlawful charges they have continually suggested in their letters that I may wish to make alternative banking arrangements and that is precisely what I had to do in 2005 when they ceased all access to and activity on my account with them. Therefore, I fail to understand how they can claim to have refunded any amount of money into an account that has not existed for 2 years.

 

Please take this letter as notification that until such time as I have received a cheque for the full amount of my bank charges plus interest and court fees I will not be satisfied that the claim has been settled and will pursue the matter further.

 

I trust this clarifies my position and look forward to hearing from you by return.

 

If only you could see the steam coming out of my ears right now... given the current state of my mind (emotionally and physically) I think that I have done rather well to be that polite! ;)

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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Hi EndOfMyTether!

 

Nationwide were at fault for NOT attending Court for the hearing, in which U obtained a 'Judgement' against them.

 

Yours is a slightly different case compared to DISCO-DOLLY's...

http://www.consumeractiongroup.co.uk/forum/nationwide/97774-disco_dolly-nationwide-help-court.html

...Where she rather prematurely applied for 'Judgement by Default' + Nationwide then applied for for the 'Judgement' to be 'Set Aside', on the grounds that, for whatever feeble excuse, they didn't have time to submit a Defence, but failed to turn up at their OWN 'Set Aside' Hearing!

 

In your case, Nationwide failed to turn up at the 'Judgement' Hearing, having had ample time to submit a Defence, including one referring to the Pre-6yrs Limitations Act.

 

It is Nationwide's preogative if they wish to now apply for a 'Set Aside'.

However, IMHO, I would be minded to argue AGAINST the 'Set Aside' in your Case, given their previous Non-Attendance @ Court + their previous opportunity to submit what, they seem to now be relying on, as their Defence for their 'Partial Payment'.

 

In the absence of any date given by the Court, for Nationwide to Pay Up in FULL, I would send Nationwide ONE Final Reminder + then proceed with sending the Baliffs in, if it becomes necessary!

 

The links that I posted in DISCO-DOLLY's Thread should help U with the next stage, if required.

 

 

P.S....Try NOT to get bogged down in a 'War of Words' with Eversheds.

DON'T lose focus in what U wish to achieve...i.e. ALL of YOUR money asap!!!

Make them stick to YOUR timescales!

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I think the judge said something about them having 14 days to pay - surely this would have been confirmed in any written notification from the court. Eversheds have obviously received something from the court as they have mentioned the Judgement in their letter - should I have also received a copy? I haven't had anything - maybe I ought to ring the court?

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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...maybe I ought to ring the court?
It MAY help to clarify things for U?!

I would still consider sending a 'Nudge' Letter to Nationwide though, just in case they are tardy.

It would look good on U, if U have to apply for a 'Warrant of Execution'.

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Yeah surely you should be getting a copy of the judgement, I wouldn't assume at this point that NW are responding to one, it could be on its way, definitely worth a call to the court.

NW have not got a leg to stand on, the judge has decided in your favour, it's pay up or bailiff time, but still they p*ss you about, unbelievable.

They should be calling you asking where to send the money to & will a cheque be acceptable.

Incredible

Andrew

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ok, this is where I really need some help.

 

I've just (finally) got through to the court phone number and the woman I spoke to told me that a copy of the order was sent out to me on Weds 11th.

 

Great... BUT...

 

She also told me that Nationwide/Eversheds have sent the judge information about refunding into my account and have got the Judgement set aside.

 

At the hearing last week I explained the situation with the alleged refund into the closed account to the judge and offered her copies of the correspondence about it which she declined, so she had been told all of this. Apparently I'm going to get another notice of hearing for the small claims track now...

 

What do I have to do to get them to pay me my money?????

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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Just giving this a bump back up the board in the hope that someone will see it and be able to offer some help/advice.

 

I really am starting to wonder what I did in a past life!

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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The short term solution, if you can get to one is to visit a branch & enquire about the account, take some ID, drivers licence, passport & a gas or elect bill usually suffice. It would be a shame for the money to be sat in an account & you worrying about the next developments.

Anybody else reccomend some action.......

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