Jump to content


  • Tweets

  • Posts

    • Moneyclaim is going to court   Its how you do a claim     Do you believe that you will be able to cover the full amount from the 3 people youd want to claim against? 
    • I'm unsure about going to court because it takes a lot of time and can be stressful, and there's no guarantee of winning. I'll still ask legal for advice. NLRA suggested making a MoneyClaim, but I'm worried it might cause problems and end up spending more if goes wrong.         
    • If you have legal cover and insurance, you can try going ahead with your Insurer. They may be able to refer you to their "Legal Partner" but do your research.  If you know where 3 of them live, you can attempt to take them to court, but in todays climate, going legal will not get you the result of £15k that you are after.    Others may have their own input - But in reality you are asking for £5k from each of them - Might find it hard to recover that in a timely manner.  Like I said earlier - Your option maybe to take the hit now and factor it in to future tenancies. 
    • I have insurance that covers legal matters for this property, and I can confirm it with the insurance company. I also know where the tenants currently live, as all three have moved to the same place. There's been a lot of mold growing in the property over the past few months. All the builders who came to look at it think the mold grew because the windows were kept closed, lack of heating. In the past few months, they haven't used much gas or electricity, as shown by the smart meter I checked. Recent trace and access report says there's no water leak in the property. I have lots of photos from when I moved in until now. But in court, more people usually want to sue the landlord, not the other way around.
    • simply write to them, offering one months fee, give them 14 days to accept. if they sont accept, ignore everyone. Harlands too! and the extra £20 penalty is not allowed either. thread title updated. dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Mullin V Nationwide, refused, what next


twdmullins
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6127 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, my 1st post here and im not sure if my case is going well or not...

 

I have got to the stage of threatening legal action using the letter templates and have just recieved a letter from NW stating that i had agreed to the terms and conditions upon opening the account and that if im not happy to take it up with the Financial Ombudsman Service.

 

What do i do now, order the small claims pack?

 

Many thanks.

Link to post
Share on other sites

Guest ChloeJane

Hi there!

 

You are doing just fine if you have got to this point - so confidence for the next!

 

You can order the pack, or you can do it online its that simple.

 

If you are filing through your local court on the N1 format, then the links below should see you through the process.

 

The first link is the template form found here -

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

You will need a fresh N1 form here -

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

It opens as a PDF document and can be edited online. Saves ordering the pack.

 

Hope this helps and any problems post back !

 

CJ

Link to post
Share on other sites

Hello twdmullins!

U do not make it clear which Template Letters U have already sent??

Both the Preliminary Letter + Letter before Action mention that the Claimant will proceed to Court unless he/she receives a satisfactory reply.

The letter that U seem to have received from Nationwide is just a standard "Fob-off" letter.

The "Small Claims Pack" does NOT have to be purchased to proceed a Claim.

However...

It does contain some useful info and further reading that some Claimants may find invaluable and can add to a Claimants all round knowledge of the Small Claims legal process.

Link to post
Share on other sites

Thank you for the replies so far. My last letter was as follows;

 

This letter is in reference to my earlier claim for £**** made 27 march 2007

I have not received a satisfactory response to my earlier request for charges which I believe were unlawfully applied to my account.

Under the Unfair Terms in Consumer Contracts Regulations 1999, charges must reflect administration costs and cannot be punitive.

The £**** charges are unlawful as they do not reflect the true cost of going into an unauthorised overdraft. As a result, I intend to claim the full amount plus interest and court fees through the county court.

I look forward to a full response to this letter within seven working days, otherwise I will commence court proceedings.

Yours faithfully,

 

 

 

So am i correct in thinking i need to fill out the small claims letter now? Also if i am to do that there are two courts in Southampton and im not sure which to use...Southampton Magistrate Court or Southampton Combined Court center.

Link to post
Share on other sites

Well that is the claim completed online, i hope the address was correct as the check option failed, i used the address on the letter they replied to me with;

 

Member Service

Nationwide Building Society

1st Floor, Old Building

Kings park Road

Moulton Park

Northampton

NN3 NW6

 

(hope its not against forum rules posting that)

 

Well fingers crossed and i will update when i hear something, how long should i wait?

Link to post
Share on other sites

Hiya Twdmullins,

 

I can't find the link to the address right now, but I think I used Swindon. I wouldn't worry about it too much, They can request another address to be used on their Acknowledgment of Service which will probably arrive within the next week, following the Notice of Issue

 

Good luck with your claim.

 

K.

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

Link to post
Share on other sites

...i hope the address was correct as the check option failed, i used the address on the letter they replied to me with...
The CORRECT address to use on the N1 Form or MCOL is Nationwide's REGISTERED Address...

 

#3 of the following link:

http://www.consumeractiongroup.co.uk/forum/nationwide/74992-nationwide-contact-information.html

Link to post
Share on other sites

Hi MTM,

 

I knew if anyone could find the link for the address it would be you. :rolleyes::)

 

I used the registered address in my claim, but they asked that another address be used for all correspondence on the Acknowledgment of Service. How strange. :confused:

 

I never questioned it, and it never affected my claim anyway.

 

K.

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

Link to post
Share on other sites

  • 2 weeks later...

Ok, I have just had Notice that Acknowledgment of Service has been filed sent to me and NW has ticked the box that they will defend all of the claim, im not holding out much hope of winning this one now.

Link to post
Share on other sites

Hi mullen, nationwide always defend their claim, i won a case in march which they said they would defend but they paid up before the 28 days was up, this is just another stalling tactic nothing to worry about. best of luck x

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

Link to post
Share on other sites

Hi mullen, nationwide always defend their claim, i won a case in march which they said they would defend but they paid up before the 28 days was up, this is just another stalling tactic nothing to worry about. best of luck x

 

 

Fingers crossed i hope i get the same result, out of curiosity how many days did you have to go before they paid up...just so i can keep a rough time scale.

Link to post
Share on other sites

Hi mullen, on my last claim they paid up 25 days after filing at court, but not on this claim they seem to be taking it to the wire now but i hope not to wait much longer.

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

Link to post
Share on other sites

Hello twdmullins!

Ok, I have just had Notice that Acknowledgment of Service has been filed sent to me and NW has ticked the box that they will defend all of the claim...
Here's what to expect next (10 pages)...

 

The defendant disputes all or part of my claim

 

 

 

...im not holding much of winning this one now.
???...I don't understand???

Is it a dialect of Swahali??

No...hang on...

I THINK I can just recognise a trace of an ancient Indo-European twang and can pick out the odd word?!

 

Try this...

...im not holding much of winning this one now.
Link to post
Share on other sites

  • 4 weeks later...
Congratulations twdmullins!!!

 

http://www.consumeractiongroup.co.uk/forum/nationwide/98915-mullins-nationwide-i.html

 

Does my last Post now mean that I can officially put 'Linguist/Translator' on my C.V.???...lol...:D

 

LOL, these banks do push you to the limit sometimes and test your nerves, could not have done it without the help from here :D

Link to post
Share on other sites

hi and congrats, feel like i will be one that doesn't get anything at the mo! how long did you wait b4 they put in a defence, have acknowledged my claim which was deemed served on the 29th may but so far no defence, also does anyone know if i count the 29th as day one of the 28 days? cheers

Link to post
Share on other sites

hi and congrats, feel like i will be one that doesn't get anything at the mo! how long did you wait b4 they put in a defence, have acknowledged my claim which was deemed served on the 29th may but so far no defence, also does anyone know if i count the 29th as day one of the 28 days? cheers

 

 

I felt i would get nothing like you, then the letter arrived saying that they would defend everything a few weeks later, fear not, they are all delaying tactics and they cut it fine, next thing i know is there is a letter on the door mat saying they have paid up in full along with court costs.

 

I felt like giving up especially when they said they would defend....just hang in there, you will get your money :)

Link to post
Share on other sites

hi and congrats, feel like i will be one that doesn't get anything at the mo! how long did you wait b4 they put in a defence, have acknowledged my claim which was deemed served on the 29th may but so far no defence, also does anyone know if i count the 29th as day one of the 28 days? cheers

:oHI LESLEYAWASH.

KEEP ON WITH YOUR CLAIM AND DONT LOSE HEART...

NATIONWIDE DEFENDED MY CLAIM THE DAY AFTER THE 28TH DAY AFTER I HAD FILED FOR JUDGEMENT BY DEFAULT THAT WAS YESTERDAY!!!!!

TODAY THEY PAID £3320 INTO MY ACCOUNT A BIG SHOCK.

THEY STILL OWE ME £1004 SO I'M STILL PURSUING THAT TO THE END IF THAT BE IN COURT THEN SO BE IT

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...