Urgently Need Help From Moderator/exper Please !!

[jenkers]

FURTHER DOWN THIS PAGE BELOW THE DOTTED LINE IS A POST I LEFT LAST NIGHT WHICH YOU WILL NEED TO READ FIRST BEFORE READING THE FOLLOWING , since writing it last night there have now been a couple of changes , i managed to speak to the number 1 man in nationwide today , a Mr Charles Bacon from legal team , i have hassled them that much that he decided to ring me , he said to me he will not pay this claim due to me not being on the aco**** anymore despite what i list below , i.e civil procedure rules and me being party to the account , he has said today i need to amend the court forms and put it just in my partners name otherwise forget it , i said to him i was sure he was wrong and i could indeed claim as consumeractiongroup.com advisers had said i was perfectly entitled to , i said ok what if i leave it and just go to court on the day , he said he would have legal representation there on the day , WHAT SHALL I DO , shall i change the claim into my partners name which will cost 65.00 to do , i just spoke to the court and they said it wont cause a delay , it will just appear before the judge on the day my hearing is anyway which is 14th June , PLEASE OFFER ADVICE , shall i leave it in my name or shall i change it to my partners , it sems i might as well for the sake of 65.00 , what do you think

 

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Hello all , i need some advice , way way back in September last year i started the ball rolling against nationwide , the account in question when we first opened if was in joint names but we decided a couple of months before we closed it that we would transfer it into my partners name , whilst the account was in joint names we incurred all our charges which amounted to 2100.00 , i raised the court case in joint names but they entered a defence saying that as the account was in the single name of my partner i could not claim , i came onto this website and asked if that was the case , someone on here informed me this wasnt the case as part 16 rule 19.6 of the civil procedure rules concerning reprsentative parties would allow this , ie i was at the time party to the account and therefore had every right to , i added this as a section g attachment to the allocation questionaire in reply to the defence , i my court date is the 14th june and i tried to contact nationwide today to see if they wanted to speak or discusss the claim because i keep seeing people posting success stories and there claims started way after mine , when i spoke to nationwide today which was there legal dept i was told that this was still the case and any money we were trying to get back should be claimed in my partners name only which would say to me they totally disagree with the section g attatchment , i am beginning to wonder what will happen on the court date , do you think they will actually turn up to defend on the basis i have said , i cant see why everyone else seems to be being paid and i look like i am actually going to have to go to court . can someone advise me as to what they think

[lori1]

sorry i cannot help you, i hope someone else can ,best of luck x

[denver]

Don't bother. If the charges were applied when the account was in both names (and you have all the evidence) then I can't see a problem. They're just stalling. (Not a legal view you understand).

[BankFodder]

Firstly don't trust your bank or their lawyers.

Secondly don't get involved in telephone conversations with them. They will easily outclass you in terms either of knowledge, un-caring-ness or in their capacity to deceive.

 

You have become evidence of this yourself by the fact that after one telephone call you are in a panic and you seem to think that your case is in crisis.

 

We are always advising people not to engage in conversations with their banks or their lawyers and yet like you they still go ahead and do it.

I am driven to the conclusion that you and others have some "need to talk" and that there is some therapeutic value in it.

My advice: go to a proper therapist. Much more effective than talking to someone else's lawyer.

 

 

In respect of your claim, I suggest that you take no action in relation to the named claimants.

Even if you had made an error, I don't think for one moment that it would prove fatal to your claim.

On the basis of your post I think that you have done everything correctly.

For he entire life of the account save for 2 months, it was in your joint names.

 

This means that the money which was taken unlawfully by the bank in charges belonged to the both of you.

You can be certain that if there was any money owed on the account, the bank would be suing both of you together.

If there are any charges relating to the final 2 months then presumably you will both be in court for the hearing so you can explain that to the judge.

It won't cause any problem.

The judges are pragmatic about trivial details like this.

 

I suggest that you write to Bacon. Confirm the phone conversation you had with him and ask to him he can confirm his position to you that he will not pay because he believes that the claimants have been wrongly named in the claim form and that he is suggesting that you have the claim amended.

 

Just ask the question simply and in a non-threatening way.

 

I expect that he will be unwilling to repeat his advice in writing. However if he does put it in writing then I would still take no action and just continue as you are doing at present.

When they settle - as they surely will, make an application for a wasted costs order.

If Bacon actually gives you his advice in writing then include that letter with your application as further evidence of what you have had to put up with from the bank.

I would also send the letter to the Law Society and to the judge in any event.

 

If Bacon is reading this - then "Hello Charles, where on earth do you dig up these wheezes? They weren't on the Law Society syllabus last time I checked."

[jenkers]

ok , thankyou so so much , i really do appreciate the time you took to help me and believe me i am spreading the word of your website to many incl by email over 3000 employees at my workplace , is it ok to send an email to him stating what you have said as well as by post , can i also post a link to your reply so that he knows full well he was in the wrong , it sounds as if you know of mr bacon in your reply , is this the case ?? , he sounded rather wary when i stated i would be seeking furhter legal advice from yourselves before i do anything !!!!

[BankFodder]

I think that you have missed the point of getting his confirmation in writing.

In the event that he is not reading these pages then he may just provide you with a letter providing his advice to you.

If you draw his attention to this thread then he almost definitely won't.

[jenkers]

but i already have this as that was what he based his defence on , his defence clearly states that i am unable to claim as i am no longer on the account , all he has said on the phone reiterates this , that was when i contacted you and you informed me of my civil rights as i was named on account at time of charges , i think he would be far more inclined and worried if i was to show him your thoughts on the matter , please dont think for one minute i am questioning your expertise , i wouldnt dream of it , all i am thinking is that was his defence anyway . all he would send me again anyway is something along the same lines but on a letter instead of the court defence form

[BankFodder]

Have you returned the AQ?

[Todge]

Jenkers

 

This site is your secret weapon. The advice from Bankfodder above is priceless.

 

'Spreading the word' is good (not sure 'spamming' your work colleagues is such a good idea tho - have IT had a word yet ;-) ;-) )

 

I would certainly let him know (in writing) that you disagree with his comments (quote them to get them on record), and let him know you are proceeding. That should get your case back on track - push it from there.

 

And good luck.

 

T.

[BankFodder]

I understand that you have already submitted your AQ which includes the reasoning which I suggested above.

 

Leave it now. Do nothing until they come up with their settlement.

Did you enclose the proposed disclosure directions with your AQ? If not then get the template now and send it off to the judge with a note of apology for leaving it out of your AQ and asking him if he would consider it and order the disclosure now or at a preliminary hearing.