thelegend vs Nationwide

[girlybiker]

Hi

 

Like you - no defence filed as yet - no money paid back to my account!!

 

I will be glad when all this is done, will end up with sack at work for doing nothing work related all day!!

[thelegend]

Day 29 1144 update.

No defence on MCOL Website (cant get thru to MCOL helpline), No Money and amazingly still no reply from eversheds.

[eddiemno]

i`m waiting with baited breath wether you get a reply today or your doh? i wish you good luck.. and hope it`s a possitive outcome... Also i`ve been thinking about these `Terms and Conditions`. Surely, if they get quoted by the N/W or the Judge they need to be physically prodced from when the account was opened otherwise they are inadmisable evidence.? What do yoiu think?

[MilkTrayMan]

...Surely, if they get quoted by the N/W or the Judge they need to be physically prodced from when the account was opened otherwise they are inadmisable evidence.? What do yoiu think?

See today's Posts of mine on girlybikers Thread!...

http://www.consumeractiongroup.co.uk/forum/nationwide/94521-girlybiker-nationwide-2.html

[thelegend]

i`m waiting with baited breath wether you get a reply today or your doh? i wish you good luck.. and hope it`s a possitive outcome... Also i`ve been thinking about these `Terms and Conditions`. Surely, if they get quoted by the N/W or the Judge they need to be physically prodced from when the account was opened otherwise they are inadmisable evidence.? What do yoiu think?

yep.

latest - nothing.

[thelegend]

Defence filed today (day 30). no money yet, but I got my eye on a new computer.....

[girlybiker]

Still no change with me - no money as of yet but both claims now showing as a defence - well at least that it one less site to check as not further action on MCOL, only need to concentrate on bank account now!!

[thelegend]

Day 32.

Post has just been - nothing from nationwide or mcol. Checked my account - nothing.

Come on nationwide wheres my money!

Girlybiker. Im in two minds about whether to give the customer expierience team a call or not. I read in one thread about how it worked for them, however the defence that time was that they had settled. What do ya think?

[thelegend]

bump - anyone

[thelegend]

Spoke to customer expierience team, it would appear that its up to the legal department, anyone got a good number. Im using the argument that if they settle now it will save them at least another £100.

[thelegend]

Legal team were not very interested.

Im wondering now whether to send an email out to c bacon and eversheds advising them of the mounting cost to nationwide.

Anyone any ideas?

[MilkTrayMan]

...Im using the argument that if they settle now it will save them at least another £100.

...And if U extrapolate that argument further...

It would be cheaper for Nationwide to settle ALL Claims before ANY Court action would it not??!

That type of logic has never worked with Nationwide before!!!

All U will do is indicate to them that U are desperate to settle + this may weaken your position + encourage them to give U the 'run around'.

[PPMAN159]

What harm can it do.

 

If they refuse your offer then at least if it goes to court you will be able to prove to them that you have tried to settle the claim earlier and for a lesser amount-and that must work in your favour.

[thelegend]

its 50/50 init!

Im mindful its a friday and that this will just keep dragging on and on. To be honest I like the idea of it costing them another £100, their behaviour is so appaling that it humours me.

Ill start drafting the email, but im still in two minds.

[PPMAN159]

Agreed.

 

One judge may see it as an act of desperation-anoither may feel that you are being in fair in giving the bank a chance to settle the claim early and thereby saying precious court time.

 

Why not just send the mail, give them 7 days to reply and if nothing comes back take them to court and claim the court costs and the 8%-at least you would have tried to be nice.

[thelegend]

Ok here is a draft of my email, any thoughts anyone?

 

Dear Sir/Madam

 

I refer to my current claim currently awaiting court allocation after you submitted a defence on the 6th June 2007 (two days after the 28 day deadline imposed by the court.)

 

My claim is for £4430.94 plus court costs of £120.00. Total £4550.94.

 

Currently if you do not pay this and I file the Court Allocation Questionnaire with the £100 fee, it will cost you a further £100.

 

It is well documented that your organization pays up before the court hearing stage, however any further delay may be seen as a waste of the courts time and you could face a wasted costs order.

[PPMAN159]

My opinion is that it might be taken to be a bit aggressive and as such may not be looked at to kindly by your bank or the court.

 

As such may I suggest that you tone it down a bit and use something along the lines of :-

 

I am mindful that the vast majority of claims with which you are currently dealing and in order to more speedily resolve this matter, I am willing to accept the sum of £XXXX.

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved.

I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

PPMAN

[MilkTrayMan]

One judge may see it as an act of desperation-anoither may feel that you are being in fair in giving the bank a chance to settle the claim early and thereby saying precious court time.

 

Why not just send the mail, give them 7 days to reply and if nothing comes back take them to court and claim the court costs and the 8%-at least you would have tried to be nice.

???...My last post NEVER referred to a Judge seeing it as an act of desperation???

I implied the Nationwide would...+ it may encourage them to give thelegend the 'run around', which is what they are doing today, is it not??!

The fact that thelegend isn't Claiming Contractual Interest, is an indication of 'trying to be nice'!!!

Methinks the tactic of saying to a Defendant, "Pay up or it will cost U more money!" can come across as sounding threatening + is something which a Court may take a dim view of, especially as the onus is always on the Claimant to prove his/her case + that the money is owed in the 1st place!!!

[thelegend]

Excellent so final draft (if there is such a thing!)

 

Dear Sir/Madam

 

I refer to my current claim currently awaiting court allocation after you submitted a defence on the 6th June 2007.

I am mindful that the vast majority of claims with which you are currently dealing and in order to more speedily resolve this matter, I am willing to accept the sum of £XXXX.

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved.

I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

[thelegend]

what a way to spend a day off, I must remind my self to get a life and not check my account every 30 minutes.

[eddiemno]

personally LEGEND I agree with MILKTRAYMAN. I would leave it to see their defence first and be patient withour rushing into something you might regret. Sorry, thats my opinion.

[McWILLS]

Hiya Legend,

 

Just to let you know and dont want you to feel worse but Nationwide have paid my outstanding charges into my account today, 5 x corrections totalling £4,595.50 which was the charges, so just waiting for the interest and costs now they had til next Wednesday to put in a defence, not heard anything from Nationwide or the court but did mine the N1 way. Sorry to hear you havnt had anythinf yet but I'm sure they are jsut over run with claims and you WILL get your money, eventually. Good luck.

[girlybiker]

Hi, DAY 39 - just checked my accounts, (I am chasing 2 claims against NW) and I have a correction shown in one, dated today, for the total amount of charges I reclaimed, there is no refund of interest or court costs as of yet but at least something seems to be happening. What about you - how's it going?

[thelegend]

Hi, DAY 39 - just checked my accounts, (I am chasing 2 claims against NW) and I have a correction shown in one, dated today, for the total amount of charges I reclaimed, there is no refund of interest or court costs as of yet but at least something seems to be happening. What about you - how's it going?

 

not as yet. do you know when it went in, time? we are exactly the same so hopefully i will see something in my account today.

[girlybiker]

Hi, NW have deposited a correction into my other account at some point today so now fully refunded on charges actually taken unlawfully but still no interest paid back or court costs.

 

Sit tight, yours is on its way!!!