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shagtastic v nationwide story upto MCOL so far..***WON***


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hi all,

 

Just to confirm... now that nationwide have acknowledged my MCOL claim, i do nothing until i get the notification from court, then i send a copy of schedule of charges to their solicitors?

 

thanks

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Shagtastic...

U are taking a major financial institution to Court.

They are looking to find any which way to avoid having to give U YOUR money back which they have already unlawfully taken from U and possibily caused U untold misery in the process.

It has been known for Claims to be STRUCK OUT or STAYED cos of small errors by the Claimant.

It has also been known for COSTS to have been awarded AGAINST the Claimant, for bringing a Claim to Court, where there is little hope of that particular Claim succeeding.

Do U really want to lose your Claim and perhaps get into further debt, all cos of avoidable mistakes??

If there is anything that U don't understand about any part of the Re-claiming process, just post on your thread and someone will come along and point U in the right direct, hopefully.

Just remember that no-one gets paid to spoon feed U, U have to put some effort in yourself.

It won't help U if U take umbrage when someone does point a mistake out to U.

Next time, they may not bother, there is certainly NO obligation to help .

Page 1 of the following link says it all really...

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html

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Just remember that no-one gets paid to spoon feed U, U have to put some effort in yourself.

It won't help U if U take umbrage when someone does point a mistake out to U.

Next time, they may not bother, there is certainly NO obligation to help .

 

Page 1 of the following link says it all really...

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html

 

 

 

Why do you haveto respond in such a patronising manner? Of course i dont expect to be spoon fed and the whole point of posting IS to point out my mistakes to me...but there is no need to have that tone with me.

 

Of course i realise the enormity of this excercise and I've had plenty of responses from the wonderful people here who have managed to point out my mistakes without making me feel a fool.

 

If YOU find it too much of an 'obligation' to respond without patronising me then please dont....i think i'll take my chances that other members here will help me if they feel they can

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24/5/07

 

recieved acknowledgement of service today through the post..do i just need to send a copy of the schedule of charges to the solicitors? should i sent copy of statement too?

 

thanks

 

 

shaz

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I don't see why it should be a problem for the court. MBNA have provided you with the list and I can't see why the court would object. If MBNA haven't done as you requested on your SAR write and remind them what is missing that you asked for. With a bit of luck you should get it before court bundles are due.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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the review for my overdraft is up on the 20/6/07 which is £1000..my charges also equal this roughly...do you think they will refuse to give me an overdraft when its time to review?

 

has this happened to anyone else?

 

 

thanks

 

shaz

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  • 3 weeks later...

28 days after date of issue and acknowledging the claim nationwide did not put in a defence so have applied for judgement today via MCOL...does this mean i have won?

 

 

Assuming now the court will advise nationwide and they will settle immediately as i requested in my application for jusdgement...

 

 

 

thanks

 

 

 

shaz

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In theory yes but banks have been known to enter a defence a couple of days after the 28 deadline has expired-and the courts seem to allow this!

 

As such I would give a couple of days and then ring the court to see what the state of play is.

PPMAN159

 

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thanks PPMAN,

 

have just checked my nationwide account and there is a credit in there for £721 which is the amount minus the interest and court costs..reading other posts they can sometimes put the amounts back in but in different amounts..am i correct in thinking this? If so, how long does it take for them to credit the rest of the money?

 

 

What happened next with the judgement? If they onyl give me the 721 how do i go about getting back the rest of the money? off the top of my head its about £1081. I assumed the judgement meant they hadto pay all the amount on the judgement form.

 

sorry for all the questions!

 

 

shaz

 

edited just to say, I've just checked MCOL and it says they put in a defence on the 16/6??? how come it let me go through the judgement procedure? plus they already refunded me part of the money? confused now..is this normal??

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They will probaly pay the charges as one amount and then the court fees and interest as another-give it a couple of days and the funds should be there.

 

Have they sent you a form detailing that the claim has been paid?

 

If so you will need to send a copy to the court so that the claim can be cancelled.

 

 

Once it is all in

PPMAN159

 

If this comment has helped please click on the scales.

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Haven't received the letter yet..this is the third MCOL claim i've won now but cap 1 and MBNA paid the amount all in one go..they were a lot lower amounts that this one though but i suppose banks/BS may do things a bit differently.

 

Wil wait pensively for letter from nationwide admitting no liability and their defence details from court!

 

thanks again

 

 

shaz

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well, got letter from nationwide todday stating they will be refunding all my charges ..which they now have!

 

Also, not sure if i already mentioned that i hasd about 4 DD's returned last month so got a letter telling me i was going to get charged £124 on 28/6 so i worte to them basically asking for them not to charge me as i want to get back on my feet and very politely said that if i was charged i intended to reclaim my charges again...anyhoo, in the letter they sent they also stated that they are cancelling the pending charges to my account!

 

They did give the usual speech about if i "breach t and c's of account again then they will close my account"...didn't like to mention there was anothe 2 charges during the course of the year for returned DD's but wil not be reclaiming those...had they charged me the £124 then i would have..

 

 

so i guess this is also a successful claim!

 

 

thankyou all

 

 

 

shaz

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Shaz.....

 

got paid today....so yours must be round the corner.....;)

 

good luck and i'll keep an eye out for when you get paid....

 

 

regards

 

Nick (busa)

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