Ozzwold v Nationwide

[Ozzwold]

Nationwide Customer

 

Hey there,

 

Thought id 'come in and say hi'!! The peeps in the chat room said this was the best place to start, I've just completed my MCOL form and sent this off after the 2 quite frankly poor exuses from Nationwide about their so called 'fair' chrarges.

 

Trying to reclaim: £1159.00 + £140.14 (Interest)

 

I understand i have to wait 5 days now, then a possibe 14? or maybe a possible 28? But read that if they do defend then i might have to actually defend my claim? arrgh! what's likely to happen next? I've read alot of the threads and understand that Nationwide usually drag their feet to a court date?? should i be worried!?

 

Thanks in advance

 

Ozzie

[happyolddog]

hi Ozzie,

 

Look in the templates library for your answer,

 

Welcome to the forum.

 

Please take time to read the faq's

use the template letters.

 

LINKS....

FAQs....

Templates Library....

There is also live chat, visit if you need any quick advice.

http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

Finally good Luck.

Happyolddog.

 

If my advice helps please tip the scales, left.

[Ozzwold]

Tick Tock.... just had confirmation that MCOL have accepted my request and Nationwide now has 14 days to reply.

 

Quite a scary situation...do i need to send the copies of my charges to the courts now or does this depend on what Nationwide do in the next 14 days?

 

Ozz

[happyolddog]

hi Ozz

 

You want to start getting your court bundle ready.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Good Luck

Hod

[Ozzwold]

Thanks for that Hod, I've just almost crapped myself....but then read another load of threads, which eased my mind no end! So i understand they have 14 days to respond from the date that MCOL accept my request, does this mean I have 14 days to collate all the information or the 28?

 

I've got it all and obviously want to make sure i don't rush anything as to ensure i get it set out as proffesionally and indepth as possible. Does the bundle have to go to the court and the Banks solicitor as soon as the first 14 day period has expired? if so how do i get the relevant names and addresses as all i know from MCOL is that they are pursuing the claim.

 

???

Thanks mate

 

Ozz

[Ozzwold]

I've just copied the template for the court managers attention - with the claim number and a schedule of charges to attach to the claim, is this correct.

 

Don't want to get anything wrong sorry

Ozz

 

now time to sort the bundle.

[mrsfoot]

Hi Ozz

 

First of all it might be ebst if you start a thread in the relevant bank section for your claim, this area is meant for newbies!!

 

Also I see you have started you court claim. Let me give you a run down of the process from now:

 

1. The bank will receive your claim and they have 14 days to write to the court and say they will defend. If this happens see section 3.

2. If they dop not respond within the 14 days you can either give them extra time or request judgement for not responding to the court papers. There is a downside of this and so i would carefully consider requesting jusgement before doing it!!

3. If the bank defends they get a further 14 days to send in their defence papers. You will get a copy of this either from the court or from the banks Sols themselves.

4. You will both then get sent allocation questionairres. These are to decide which track it will be heard on. You will complete this (help is on site) and send this back.

5. The judge will look at the AQ and decide on:

a) small track and send a date for trial

b) allocation hearing to decided which track but as your claim is clearly under the small claims track i cant see this happening!

6. You get the date of the hearing...the bank will refund the money in the days leading up to the hearing, if not before.

 

Although it is vitally important to be prepared, dont be too worried about the court bundle...this will be needed usually 7-14 days before the hearing. You will need 3 sets, 1 for you, 1 for bank sols and 1 for the court.

 

Hope this helps

[MARTIN3030]

Hi your posts moved here to Nationwide forums.

[Ozzwold]

Thanks Mrsfoot, I think it looks like they have moved me on anyway!

 

So i notice you can give them 14 days or up to 28 before requesting jusgement? you mention a downside to doing after the 14 day request?

 

Just been reading some more thread and Nationwide people tend to say that they say they will defend and then start paying the money back into your account? Is anyone else at this stage?

 

Ozz

[MARTIN3030]

Ozz you can request judgement but its likely to be challenged by the defence.

Worst case scenario is that it can slow up the process.

If the bank does not respond within the 14 days and you file for judgement,then its a race against time as to whether it gets awarded before the defendants submit.

Its true to say they are getting away with it for more time.

However if they fail to respond to the Acknowledgement (within 14 days )...and THEN- the defence,its harder for them to drag it out further.

I filed for failiure to acknowledge and the bank sent in the reply next day.Instead of withdrawing my application its staying there in case they miss the defence deadline.

At the end of the day they will pay.........working out WHICH day can often be the problem:rolleyes:

[Ozzwold]

Thanks Martin, just been on MCOL and they have acknowledged the claim, Ill keep you updated! Thanks again to CAG community! You have really made this process less daunting.

 

Fingers crossed - Ozz

[Ozzwold]

They are going to defend the claim!!

 

Oooohh after reading recent threads i was ready to sit and wait out the 28 days allowed for the claim, but i've just had confirmation from Mr Charles Bacon that they intend to defend all of this claim.

 

What's the next step for me? Iunderstand that in certain cases Nationwide say they will defend and then start paying money back into the account. Can anyone help? should i start prearing my Court bundle now and get it sent off?

 

Has anyone had a similar response recently?

 

Thanks

 

Ozz

[kelly101]

It's only their intention to defend... probably to buy time to get through the backlog. Read up on filling in an Allocation Questionnaire (in case your judge is still sending them out) & compiling a court bundle, just in case. My guess is you won't need it.

 

Good luck!

 

K.

[Ozzwold]

Cheers Kelly, thought as much! I've got the info for the bundle but AQ??? do i wait until this arrives?

Ozz

[kelly101]

Allocation Questionnaires - A guide to completion

 

This will help you to familiarise yourself with the next stage. However, you may not need to. Look at this thread:

 

Judge has dispensed with Allocation Questionnaires

 

Everything is changing so there are no 'must dos' apart from keeping an eye on the general situation and your bank account. Of course, being prepared is never a bad thing.

 

K.

[Ozzwold]

Cool Kelly thanks, Well i'll sit and see if the AQ comes through in the post and keep checking my balance. Also i think i'll probably start collating my court bundle...gives me plenty of time that way! Lets just see what they do now, can i expect to have my money back within the 28 days since (10th April) when the mcol was accepted?

[kelly101]

Lets just see what they do now, can i expect to have my money back within the 28 days since (10th April) when the mcol was accepted?

 

You know Ozz, a month ago I would have said yes, almost definitely. But looking at the recent threads, it would seem that it's pot luck as to whether you'll be paid before or after judgement day. I really wouldn't like to hazard a guess. But don't worry if you receive a defence. It's almost certainly a bid for extra time. Follow threads that are running slightly ahead of your dates to get an idea of how Nationwide are playing it.

 

K.