28 Days Passed -

[Dunk101]

Hi

I issued my claim using MCOL on 27-4-07, having completed all the pre-liminary stages. I received the Acknowledgement of Service which stated the intention for Nationwide to defend the claim.

As I understand it the 28 days commences 5 days after the issue date and therefore this 28 day period has now passed (01-06-07). During this time I have recevied no communication or correspondance from either Nationwide, their solicitors Eversheds or the County Court.

I had presumed this would be the time that I enter a request for a Default Judgement, but this is not possible using MCOL as it now states that a defence was entered on 27-04-07.

Does this mean I am awaiting something from the courts or Eversheds? Or am I to understand it that Nationwide have not in fact prepared a defence and that I should proceed with entering a Judgement (Submitting the appropriate request form to the CC)

Any help from anyone on the boards would be much appreciated!

[jennyuk]

have u checked your account to see if there has been any money put in. if a defence has been entered either rinf the court to find out what there defence is or wait for the paperwork.

 

I have no experience of this just from info i have read on here

[Dunk101]

have u checked your account to see if there has been any money put in. if a defence has been entered either rinf the court to find out what there defence is or wait for the paperwork.

 

I have no experience of this just from info i have read on here

 

Thanks Jenny, there's definately been no money paid into my account, checking that regularly. As you say a call to the courts would be good so will do that Monday.

One thing I don't want to do is delay regarding entering a judgement and giving NW more time to defend, as I am sure a defendants defence is priority over a Default Judgement if they occur around the same time.

[McWILLS]

Hi Dunk101,

 

If you read some of the thread on here you will see if you write another letter to NW Solicitors giving them another 7 days to either put in a defence of pay up it might be in your favour, as sometimes even having a Judgement by Default does not always guarantee you get your money. Read the court links, Judgement by Defaults which is on a thread that MilkTrayMan has put in. I am waiting for a defence to be put in they have until the 13th June to do so, but having read some of the more recent threads, it might now even get to court so I am reading up BIG TIME!!

[thelegend]

If they have entered a defence it could be one of two things:

a) They will defend saying they have settled (in which case keep checking your account)

b) They put in a more serious defence (see sarahlous thread) this appears to be another delaying tatic.

[kopstar1965]

I would be really interested in keeping up with you on this one, the dates are exactly the same as mine, they filed a defence with hours to go, now checking account regularly, will keep you psoted.

Lets hope for a swift out come.

Andrew

[sittinpretty71]

I am in a similar boat, Nationwide entered a defence at the last minute on Wednesday 30th May, nothing paid into my account yet & nothing received by post from the court. I will keep you informed as to what happens with my case. I know one other person whose 28 days ended on the same day and they received their money on the 31st, why are the treating people differently?

[kopstar1965]

Nope i have checked my account & its still empty....

Will keep you up to date with further proceedings.

[Stewpot42]

After 29days on my first claim i entered judgement on NW, however one day later(so they got 30!) they managed to enter a defence - however 4 days later(cos it was a weekend before they entered defence)mysterious amounts of money were deposited in my account.

 

Then i got a letter saying that they wont pay up.

 

Then i also got a letter saying that they have paid up - and "stay within your limits or else" letter.

 

So just keep holding on in there and you will get your money.

 

I also used MCOL, so it may be a bit differnet if you have gone through tthe county courts.

[kopstar1965]

Well have either either of you two (Sittinpretty & Dunk101) had any acknowledgement or cash, I am still waiting. The common view though is that we will get the money.....when?

It would be interesting to have a time line running with the days from service to payout marked so that we could see who's taking the rise......no idea how though.

Andrew

[sittinpretty71]

I have had no money paid into my account or anything through the post yet, it is now 8 days past Nationwide putting in a defence and I am getting really, really frustrated!!! I phoned MCOL on Monday, they are six working days behind & they can't cope with all the claims etc... I don't feel as though I am getting value for money for my £120! As suggested by someone in another thread I have emailed Eversheds this evening to ask them what their defence is, I will keep you informed.

[eddiemno]

Have you not tried phoning them. They can give you answers over the phone

[kopstar1965]

Hmm, tomorrows my day off, maybe I will give them a call & see, will let you all know, what about you Dunk, been paid out & spending it already?????

[pestrick]

I am in same situation. Can enter judgement on 13/6/07, atm, eversheds say they have not had instructions from N/wide. My acct is closed and evershed said 'if' they do pay they will reopen to put funds in (sounded promising) but as a non-customer they have no loyalty. has anyone read their defence yet and can they post the content of same on here please so that I can be more prepared when they enter it?

also does anyone have the link for sarahlous thread?

thanks,

Pestrick

[kopstar1965]

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

Soon as i get one i will post.

[sittinpretty71]

I telephoned Eversheds at lunchtime and spoke to a very friendly lady who advised me that Nationwide had put in a 'denial defence' in respect of my claim (the defence was put in 9 days ago & I had heard nothing from anyone). She couldn't really be any more explicit but thought this gave Nationwide more time to 'gather information' and she did talk about this in respect of refunds being made but understandibly she had to be quite coy. She told me that Nationwide were refunding most people unless they can 'see though the claim'. It appeared that they had the minimum of info from the Nationwide and the defence barely seems to exist.

 

The impression I have from speaking to MCOL & Eversheds is that there are a huge number of claims being made, especially since mid April when guides on how to obtain bank refunds really hit the public domain on TV. My feeling is that Nationwide has had a glut of extra claims since then and that if they are stalling it is to give themselves extra time to arrange refunds rather than for any other reason. I could be completely wrong, but that is my gut feeling.

[kopstar1965]

Still a lottery as to how & when they pay out, curious, even the sums paid cannot be factored in........just luck or bluff i suppose.

Andrew

[kopstar1965]

Come on Dunk101, you out there spending the cash yet

[McWILLS]

Yeh are you soba enough to let us know what has happened Dunk;) There seems to be quite a few people got paid today are you one of them or are you drowning your sorrows, please let us know!!

[eddiemno]

Have faith all you guys out there. I`m sure your all going to get paid out. If they can pay my lovely large sum out today without even putting up a fight before their 28days are up there`s hope for you ALL. Just go back to my thread if you want to find out more. A month ago especially after the BERWICK case. I thought I was stuffed!! Today, totally different.

[kopstar1965]

BUMP, I think he's gone missing.....................