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Whiskas v Nationwide


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Hi can someone clarify this for me as I am getting myself all confused!

I received my Acknowledgement of Service along with a form stating NW were defending and giving Evershed's details. This was dated 30th April.

I haven't heard a dickie bird since off the court or NW. Am I right in thinking that on monday 28th when the 28 days are up I should have my money? Or do they need to file their defence then it's another 28 days.

Can't get my head around it!

Thanks very much in advance

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Hi can someone clarify this for me as I am getting myself all confused!

I received my Acknowledgement of Service along with a form stating NW were defending and giving Evershed's details. This was dated 30th April.

I haven't heard a dickie bird since off the court or NW. Am I right in thinking that on monday 28th when the 28 days are up I should have my money? Or do they need to file their defence then it's another 28 days.

Can't get my head around it!

Thanks very much in advance

 

 

No if they have said they are going to defend then if you used MCOL you should have had a notice of transfer of proceedings to your local court.

 

Read through this link here.

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Thanks for the info. No haven't heard a thing, I will call MCOL at 9am and find out about the transfer of proceedings etc.

You dont have to call just check the claim status online. It will tell you if they have defended the claim.

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Hi, rang MCOL before you replied. Turns out I got it wrong, the box they ticked was to acknoweldge the claim..they haven't entered a defence and have until Monday to do it. It's Bank Hol on Monday so MCOL said to ring wednesday lunchtime if not heard out and they can then enter a judgement on my behalf. Woo-Hoo!

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Hi, rang MCOL before you replied. Turns out I got it wrong, the box they ticked was to acknoweldge the claim..they haven't entered a defence and have until Monday to do it. It's Bank Hol on Monday so MCOL said to ring wednesday lunchtime if not heard out and they can then enter a judgement on my behalf. Woo-Hoo!

 

 

I would expect them to enter a defence today to be honest. This is a standard tactic to leave it to thte last min.

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Hi Livelylad..

 

Just a quick question re what you have just said.. my claim was served on 13th so they have til 27th to enter a defence.. cause this is a Sunday and with the Bank Holiday it says on my Notice of Issue that they have until 30th.. would you expect them to enter a defence today regarding my claim too?.. :)

 

Julie

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Hi Livelylad..

 

Just a quick question re what you have just said.. my claim was served on 13th so they have til 27th to enter a defence.. cause this is a Sunday and with the Bank Holiday it says on my Notice of Issue that they have until 30th.. would you expect them to enter a defence today regarding my claim too?.. :)

 

Julie

 

Yes. Its a standard tactic they employ.

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Getting so nervous now, court have said to ring them if not heard anything by tomorrow and they will press judgement.

What happens then? Do NW get more time?

Can't believe I am at this stage..............will I get my money?

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Hi Whiskas,

 

Before you do anything take a look at this thread (providing I've managed to post it right).....

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

Nationwide - S.A.R sent 3/1/07

Statements receieved 01/02/07

Pre Lim sent 10/02/07

LBA sent 25/02/07

MCOL Submitted 14/05/2007

Case Closed - Won from NW 14/06/2007

 

 

Lloyds TSB -

Prelim sent 30/04/07

LBA Sent 15/05/07

 

OHs Lloyds TSB

Pre Lim Sent 30/04/07

LBA Sent 15/05/07

 

T-Mobile - Prelim sent 8/1/07 **WON** 18/1/07

 

 

Capital One - Prelim sent 10/01/07

Offer letter receieved 29/01/07

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Thanks for that! Oh god, I don't really wanna file judgment...more money to pay out! I hope they settle today!!!!! Gonna check my balance every few hours. Will keep you posted.

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Update: Emailed eversheds this morning to remind them of deadline and just had one back to say they filed a defence on 27.05.07 (sunday?). How do I find out what defence is..phone the court? HOping the defence is that they are paying me!

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I emailed the solicitor at eversheds dealing with my claim, he responded within an hour. The details are on the acknoweldgement of service you will have received from the court.

Mine was: [email protected]

 

MCOL now says "no further action can be taken online" and that the case has been transferred to a local court.

 

I go on holiday on saturday morning...really want an end to this before then or else I will be trying to sort it out from a sunlounger in greece!

 

So worried about going to court!

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If their defence says paid in full would MCOL online tell you? Maybe they are going to pay in full but the site just automatically transfers any cases that have been defended even when the defence is "we are going to pay in full"???

 

Thanks for the email details - I will find the one I have when I get home and will email tonight just to see if they have done it yet.

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Sorry just in shock! My claim is for £1246.00. £851 has just gone in about two mins ago...gonna keep checking to make sure the rest goes in.

Their solicitor only emailed me about half an hour ago to say they were defending! Woo-hoo!

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Please see post above....just received £851.00 from NW, thirty mins after email received from solicitor to say they were defending! Another £406 oweing so just checking bank now to make sure it all goes in.

You will get yours, just stick it out x

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