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thelegend vs Nationwide


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Intrestingly, The Acknowledgment Of Service has been filed by their solicitor. Is this normal? Does anyone know where I can find out when the claim was served? I cant find it anywhere in the documentation. I want to work out when their 28 days is up!

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Usually it is deemed to have been served 5 days after it has been issued.So as they have acknowledged on 3rd May I would start the clock ticking from that date.

PPMAN159

 

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Ive just realised that although I made the claim on MCOL (issued on 30th April) I have not sent a schedule of charges to the court (slight oversight on my part). Should I send them now at this late stage? Nationwide of course have numerous copies!

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  • 2 weeks later...

How confusing!

Calim issued: 30th April

Nationwide acknowledge: 3 May

Add 28 days: 31 May

So you would expect 31 May to be the deadline, NO.

Just spoke to MCOL, they say it was deemed served on the 5th May. Add 28 days you get 2 June. Now as that is a saturday they have until midnight 4th June!

I will shortly be setting up a new charity for all the poor people addicted to checking their balance online every few minutes. I am a sufferer myself and its getting worst.

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This does seem unfair, especially as NW acknowleged the claim on 3rd May.

 

It seems that the courts are prepared to give the banks a few extra days to file their defence rather than sticking to the stated 28 days deadline.

 

What would happen to us if we did not file for judgement on the correct date-would they give us a couple more days?

 

I think not

PPMAN159

 

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Whiskas sent the following by email to evershed earlier today:

 

Dear Mr XXX

 

RE: Whiskas V NATIONWIDE CLAIM NO XXXXX

 

I would like to remind you that Nationwide have until midnight tonight to file a defence. I will be filing for judgement at midday tomorrow if I hear nothing.

 

whether or not it worked is still up for debate (It could just be that they were about to pay out anyway)

 

In any case Congratulations Whiskas.:)

 

I have less than a week left to go and now have a couple of questions that may spark a debate:

a) In a legal sense is there anything wrong with what Whiskas did?

b) Does anyone think that by doing something similar now I might push mine to an earlier conclusion?

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Hi there, we are at exactly the same stage with dates, keep checking my account - still nothing - I know they have until midnight monday to file their defence but getting concerned now as it would appear that some have been paid out well before 28 days are up - keep thinking I have not done things to the letter and that will be their defence!!! Have you heard anymore yet?:)

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Hi everyone,

 

If you read Sarahlou V Nationwide you will see they actually put in a defence against her claim and it was heading for the courtroom. I dont know weather this is going to be their new tact tick now just to draw it out even longer but they did pay out before it went to court so I think they are trying to scare people now by putting in a defence, so be prepared. They have upuntil the 13th June to defend my claim so just have to wait and see. Good luck!

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Hi there, we are at exactly the same stage with dates, keep checking my account - still nothing - I know they have until midnight monday to file their defence but getting concerned now as it would appear that some have been paid out well before 28 days are up - keep thinking I have not done things to the letter and that will be their defence!!! Have you heard anymore yet?:)

Most of the time they leave it to the eleventh hour to pay up. I would expect them to file a defence monday afternoon and pay either later that day or later in the week.

Its great to hear sarahlou has been paid. I am positive that they are now employing further delay tatics by submiting a defence and then paying up.

I think the court will take a very dim view of this as it is wasting a lot of their time. One judge has already publicly criticised this tatic and a nwide case is due before him this july.

One way to fight back is to apply for wasted costs orders.

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Nothing yet so I just fired this email off.......

 

Dear xxxxxxxx

 

Further to my last email sent on the 30th May 2007 I would like to remind you that Nationwide have until midnight tonight to file a defence. I will be filing for judgement at midday tomorrow if I hear nothing.

If your interested this is what I sent on 30th May - no response.

 

Dear xxxxxxx

 

I would like to remind you that the deadline for Nationwide to enter a defence is fast approaching. I will be filing for judgment when the deadline passes, if I hear nothing.

 

So heres to waiting.....

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...If you read Sarahlou V Nationwide you will see they actually put in a defence against her claim and it was heading for the courtroom...I think they are trying to scare people now by putting in a defence, so be prepared.
Here's the Thread...

http://www.consumeractiongroup.co.uk/forum/nationwide/89729-sarah-lou-nationwide.html

Also look at the further link (#20) to the following Thread...

http://www.consumeractiongroup.co.uk/forum/nationwide/94540-nationwide-going-court-ignoring.html

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Defending a claim and them settling at the last minute seems to be well used tactic by Nationwide.

 

As McWillis said it is done to scare people into possibly withdrawing the claim but dont be panicked.

 

As long as your claim has been properly prepared then the only thing that you will have to worry about is how to spend the money when it arrives.

PPMAN159

 

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Hi

Just spoken to MCOL, no defence yet - the lady said I am well within my rights to seek judgment after midnight but suggested (not allowed to give advice) that I call them tomorrow to see if a defence has been submitted.

 

Apparently, if I file for judgment and they have already filed a defence it will not allow me to continue.

 

If it says 'Judgment Filed' and they file a defence on the same day as mine is actioned, theirs would be given priority!!!!

 

Furthermore, it could delay things for various reasons, mainly to do with administration.

 

So unless I hear anything sooner, looks like I've got to sit it out until mid morning tomorrow to find out whats actually happening!!

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A wonderful site.

 

It is very difficult some days to fit in the expected workload with the vieiwing and posting on CAG-so much so that some days I do not bother!!!

 

Even though my two claims have been settled I cannot draw myself away from here-maybe I have some form of compulsive disorder that needs medical assiatance!!!

PPMAN159

 

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