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Delay before court action


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Hi there,


I sent my LBA a while back and because the Nationwide were late sending there reply stating they would not pay up and due to the fact I lost the contents of my computer hard drive which had all my calculations and copies of the letters on, I hadn't got round to submitting a court claim. The LBA was sent around 6 weeks ago, is it now too late to submit a claim through Money Claim online? Do I need to start the whole process again? Also if I can still submit a claim can I amend (upwards) the amount I originally asked for and add interest?

Any help gratefully received.

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Hi EIDel


There's no need to start the whole process again. If there are more charges to add to the claim send in another LBA pointing out that due to these added charges the amount claimed has been revised (you don't have to tell them how much interest is being added - that goes on the MCOL particulars of claim). Then prepare your court claim ready to submit after 14 days. It is unlikely that you will get a positive response to the new LBA although you will very likely receive another FOB off letter and maybe a suggestion that you take up the 'complaint' with the FSA etc etc. Ignore all of these delaying tactics and stick to your timetable. You are in control.

If you are only claiming additional interest due to the delay in submitting your court claim then go staight to MCOL now, don't bother with another LBA as they have been warned that you will be taking them to court even though it's been longer than the 14 days. You have, after all been very reasonable and given them plenty of time to respond with a refund!!

I hope this has been helpful. Go for it and Good Luck. :)

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