vw_nige Vs Nationwide

[vw_nige]

After my successful claim against the RBoS I have decided to take on the Nationwide. This time it's for £2287.35

 

I have paid the money from the RBoS (£3600) into my Nationwide account which has put me into credit and then started the claim against the Nationwide but they are still taking more charges from my account. The account went into credit on the 16th Feb and hasn't been overdrawn let alone over my overdraft limit since but the Nationwide are continuing to raid my account at will. So far they have charged me for 6 card misuse fees and an unauthorised overdraft fee during March but I was in credit the entire time.

 

I despair of their ability to act in an honest and ethical manner and I think in this situation they may have strayed accross the border of legality. I will be contacting the branch to request that they explain these charges in full and I will be adding them to my claim.

 

I'm issuing MCOL court papers tomorrow and we'll see what they've got to say after that.

[Bigmac versus]

Assuming you have done the prelim and lba then quite rightly so, keep the thread updated

[vw_nige]

Assuming you have done the prelim and lba then quite rightly so, keep the thread updated

 

I have. It worked last time so fingers crossed it'll work again. I'll put up so many updates you'll be bored stiff reading them

[Bigmac versus]

Thats the game, i think.

[vw_nige]

Well - they've responded to my claim. Now I've just got to wait for them to enter a defence but fingers crossed they'll not bother and just give me all my money back.

 

 

 

Well there's no harm in hoping:D

[vw_nige]

And now it get's really surreal.

 

The Nationwide have entered a defence against my claim but they have also repaid my money?!?!?!?!

 

What I think has confused them is that my wife is taking them to court for the return of fees on our joint account (£300ish) at the same time that I am taking them to court about my individual account (£2500ish)

 

They've not responded to my wife's court claim but they have written to us and paid my claim in full straight into my account. The letter which notified us of this was garbled and seemed to get the details of the two claims all mixed up and contained thinnly veiled threats to close my account if I sued them again. We have written to them to clarify the details and that I accept this as full repayment of my (current) claim but we have also obtained default judgement against them on my wife's claim.

 

What's the next step with default judgements?

The court have written to my wife to notify her that they have accepted her request for judgement and they have also written to the Nationwide.

Do we have to wait for them to respond?

 

We've not been down this road before.

 

Thanks for your help.

[MilkTrayMan]

Hello vw nige!

...What's the next step with default judgements?

The court have written to my wife to notify her that they have accepted her request for judgement and they have also written to the Nationwide.

Do we have to wait for them to respond?

 

We've not been down this road before.

The following link will point U to your next options...

 

Enforcing judgment

[vw_nige]

Thank you MTM. I'll email a link to my wife as she is away for a few days but this will give her a bit of light bedtime reading.

 

I'm going to wait and see what the Nationwide say about paying my claim but also entering a defence. I should get a copy of their defence from the court and I'll hopefully understand what they're up to then.

 

Thanks again.

[Bigmac versus]

As they have repaid you then the court case will be dropped, inform the courts that you have been settled.

[Bigmac versus]

And CONGRATS by the way.

[vw_nige]

Their defence is that they have paid up!!! So a partial victory.

 

I don't understand why they have settled my £2500 claim without a fight but they are playing dead over my wife's £300 claim. I would think that they would fight tooth and claw to keep the £2500 but give up more easily on the £300??

 

Anyway. We are going to contact the nice man from the Nationwide who gave me my money and ask him where my wife's is and if he can't give us any helpful information then we issue a "Warrant of Execution". The name did get my hopes up but it looks like it's not what I first thought:D

 

Is this normal? We've not been down this particular road before so this is all new to us.

 

Thanks as always.

[MilkTrayMan]

Hi vw nige!

 

I'd double check the amounts that Nationwide have paid into YOUR own Personal Flexaccount.

It may be the case that Nationwide have paid your wife's JOINT Flexaccount Claim into YOUR own Personal Flexaccount and actually paid YOUR Personal Flexaccount Claim SHORT???

 

The above is just a wild guess, but a possibility none the less?!

 

...Is this normal? We've not been down this particular road before so this is all new to us.

It doesn't happen often.

...But it has happened at least once before, if my memory serves me rightly?!

 

Baliffs were actually sent into Nationwide to seize assets and guess what?

...Nationwide paid up 'toute de suite'!

 

God knows where they got the money from?

...They must have raided the coffee machine that particular time!...lol

 

Wonder if they've filled it up again??!...lmao...

[MilkTrayMan]

Here's a link to an article about a RBS Claimant who sent the Baliffs in...

Bank charge victim sends bailiffs | This is Money

...Oh to have been a fly-on-the-wall when they turned up and to have seen the look on the Bank Manager's face!

 

Bet U can't wait to act now, can U??!...lol...

[vw_nige]

The court documents from their defence are that they have paid my claim in full and the numbers match to the penny so it is just my claim and not a bundle of the two. They have written on their defence that the claim was settled in full so if this turns out to be not the case then I would assume that lying on court documents is frowned upon.

 

We'll ring the Nationwide today and see if they can give us some idea and then if there's no joy we'll have a look at the thread this evening when we have more time and send in the bailiffs.

Can we ask the court to let us know where and when the bailiffs will be going?

That really would be a Kodak moment!!!

[vw_nige]

Hi everyone,

 

Don't know what to do now ..... was just about to issue the Warrant of Execution tonight when in the post this morning was a "Notice of Transfer of Proceeding to another county court. Basically what has happened is that the nationwide have sent in an application to set aside judgement has been filed and it has now been transferred to Rawtenstall county court. The Nationwide are stating that they cannot trace having received the Claim Form in this matter.

 

What do I do now????

 

The claimed was issued on 13th April 07

They had until 02 May 07 to reply and didn't

On 8th May 07 judgement was entered against the defendant

 

It is now 24th May and this notice of transfer of Proceeding was received this morning.

 

Has anyone else been in this situation? Are they really allowed to do this?

 

Thanks

[MilkTrayMan]

Hi vw nige!

Don't know what to do now ..... was just about to issue the Warrant of Execution tonight when in the post this morning was a "Notice of Transfer of Proceeding to another county court. Basically what has happened is that the nationwide have sent in an application to set aside judgement has been filed and it has now been transferred to Rawtenstall county court. The Nationwide are stating that they cannot trace having received the Claim Form in this matter.

 

What do I do now????

 

The claimed was issued on 13th April 07

They had until 02 May 07 to reply and didn't

On 8th May 07 judgement was entered against the defendant

 

It is now 24th May and this notice of transfer of Proceeding was received this morning.

 

Has anyone else been in this situation? Are they really allowed to do this?

Am not quite sure where the 'Sunny' bit of LANCS is (...being an ex-pat of Salford),

...but is Rawtenstall County Court far from U??

If necessary, would attendance there be such a problem for U??

 

If U read through the following 3 Threads (...They're in chronological order + note their dates!), U'll find that this has been a familiar tactic used by some other Banks (...btw...There are many other Threads on the subject also!)...

 

http://www.consumeractiongroup.co.uk/forum/general/4413-will-banks-try-get.html?highlight=Default+Judgement

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/51182-default-judgement-help-needed.html?highlight=Default+Judgement

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/84757-judgement-default-but.html?highlight=Default+Judgement

 

Yours is the 1st Claim, that I'm aware of, in which Nationwide have used the 'Set Aside Judgement' tactic.

 

It may actually be genuine, given the deluge in Claims.

...But I still believe in Father Xmas, so don't quote me on it!...lol...:grin:

 

Your best course of action may be to go along-with-the-flow and NOT fight the 'Set Aside Judgement' and agree to the transfer to Rawtenstall C.C.

 

It may take your wife slightly longer to get her money, but given other's experiences, it may be quicker and less costly than the alternative methods!

[vw_nige]

MilkTrayMan

 

It's always Sunny in Lancashire

Rawtenstall is only about 2 miles away from us so it's loads better than Northampton. We can drop paperwork in and the staff are friendly and helpful.

 

From reading the other threads you highlighted it appears that opposing the Set Aside will only prolong the agony and mean a potentially wasted day in court. Do we write to Rawtenstall court and say that, as we are reasonable, law abiding and fair minded people, we have no objection to the set aside as it is merely delaying the innevitable?

 

I notice that you are in "Beds" we used to be in Leighton Buzzard but moved up North for the nicer weather and the friendly banter about southern poofters.

[MilkTrayMan]

It's always Sunny in Lancashire

Rawtenstall is only about 2 miles away from us so it's loads better than Northampton. We can drop paperwork in and the staff are friendly and helpful....Result then eh?!

 

From reading the other threads you highlighted it appears that opposing the Set Aside will only prolong the agony and mean a potentially wasted day in court. Do we write to Rawtenstall court and say that, as we are reasonable, law abiding and fair minded people, we have no objection to the set aside as it is merely delaying the innevitable?...The Court will, no doubt, be in touch with U with regards the next step. U could always drop in and ask one of the Clerks beforehand though.

 

 

I notice that you are in "Beds" we used to be in Leighton Buzzar...Ha! ...The 'original' Train (Bank) Robbers eh?! but moved up North for the nicer weather...???...Thought it was Brazil???...lol and the friendly banter about southern poofters.

Followed the 'birds' South one winter!...lol...

 

Good ol' LB/Linslade...Not only the Mobile Reception 'twilightzone' capital of the World, but a soon-to-be suburb of MK once the by-pass is finished!!!

...Mega-BUCKS eh??!...pmsl...:grin:

 

Southerners aren't poofters

...They just drink flat warm beer, eat roast babies, play weird rugby, talk funny and don't appreciate good football.

 

...But they DO have a bigger carpark than the M60 though!...

[vw_nige]

Hi - Just updating. All has gone very quiet until an offer has been received for just under £100 short of the £363.68 claim. Do you think that it is worth going for the whole amount seeing as its £100 ish?! I feel that it is still my money and not the banks.

 

Has anyone heard of the Nationwide taking anyone to court for this amount? I have also heard from the court and have a court date of 25th June. Presumably the court will have written to the bank to notify them of this. Has anyone else been in a similar situation?

 

Thanks

[Bigmac versus]

£100 but still your money, why dont you phone them and tell them to avoid court you need to pay the full amount, they are dangling a carrot in the hope that you bite it.

[vw_nige]

They've settled this claim in full but when we tried to withdraw the money and close the account they have frozen it!!! I won't say what I want to but this is just so far beyond a joke. The girl in the branch was very helpful and is going to find out what's happening and hopefully send us a cheque but is this normal?

 

We've notified the court that the claim has been settled and then they do this to us!!!!

 

Should we notify the ombudsman?

 

We have had one other successful claim against the Nationwide on Mr vw-nige's account and they haven't done this to that account.

 

Cheers

[vw_nige]

Still not heard anything..... chased again today and believe it or not HO have still not got back to the branch. How useless are they? We are getting a bit worried here as we've notified the court that the bank have settled and now can't get out money!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Has NW done this to anyone else?

 

Thanks