Disco_dolly v Nationwide; Help Court on Friday !

[MARTIN3030]

Ok Dolly post your claim here !

[DISCO-DOLLY]

court filed, i filed for £539.37p. the bank defaulted,i got judgement and bank applied for set aside. nationwide payed me £330.38 and took £30 bk. so im still owed £208.99p plus the £30 they took back. COURT IS ON FRIDAY 15 th june

[MARTIN3030]

Ok I understand that you are in Oxford.

Will see if anyone is available........any other Nationwide claimants got any advice here ???????

[MilkTrayMan]

Hello DISCO-DOLLY!

 

Bl**dy H*ll...2 days before a Court date doesn't give anyone much time to reply does it??!!

(...am personally on 12hr nights shifts this week!)

Is it possible for U to give everyone a little more detail please?

 

Did U send the Template S.A.R./Preliminary Letter/LBA @ the advised intervals?

Have U Claimed Pre-6 years?

Have U Claimed Contractual Interest or just s69 Statutory Interest?

Did U use MCOL or the N1 Form?

Did U send off your Schedule of Charges?

Did U triple check your figures?

Which spreadsheet have U used?

What did U include in your PoC?

Have U reached the Allocation Questionaire stage yet?

Have Nationwide submitted a Defence?

On what grounds are Nationwide applying for a 'set aside'?

What is the Hearing actually for?

Is the Hearing solely for the 'set aside' application?

Is it an AQ Hearing, to which Nationwide have asked for the 'set aside' tagged on to?

 

As U can see, the info that U have posted doesn't give others much to go on does it??

U have to help US...to help U!

 

I will try to read between the lines + give advice on what info U have already given.

U will have to forgive me if I have read U situation ALL wrong??!...

 

My guess is that U went via MCOL + filed for 'Judgement by Default' asap, before, Nationwide are going to be arguing, they had time to submit a defence cos of either NOT receiving something from the Court, or mislaying it cos of the huge amount of claims that they are having to deal with?!

 

I assume that it is your 'Judgement by Default' that Nationwide are applying to have 'set aside'??

 

If this is the case, it will be quicker + easier to NOT to challenge the Nationwide's 'set aside' application.

It may seem like a backward step to surrender a 'winning' position, but it's not really, when U consider that court prefer Cases to be won/lost on their own merits rather than on technicalities.

The extra time that the Court will allow Nationwide to submit their 'Defence', if their 'set aside' goes unchallenged, will be sooner than if the Court has to adjourn for submitted arguments for/against your current 'Judgement by D.efault'

 

The Court will be guided by the following Civil Procedural Rules...

PART 12 - DEFAULT JUDGMENT

PRACTICE DIRECTION – DEFAULT JUDGMENT - This Practice Direction supplements CPR Part 12

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT

 

 

 

Best of Luck!...+ Hope I've read your situation right??!!...

[DISCO-DOLLY]

hi thankyou for reply, have just dug out the letters and it quotes on the letter it is a hearing of the defendants applicatin for set aside judgement(Nationwide) ive done all the stuff so far up to date ie letters etc,via my county court. am still new to all this and still dont quite understand what is going on. so please be patiant with me

[MilkTrayMan]

Hello DISCO-DOLLY!

Sometimes a simple YES or NO answer to many questions asked isn't quite sufficient for further 'fine-tuned' advice to be given.

So, based on your last post, the only advice I can give is for U NOT to challenge Nationwide's 'set aside' application tomorrow.

[DISCO-DOLLY]

ok thankyou for advice, so if i choose not to challenge nationwides set aside application 2moro. what would happen then?

[MilkTrayMan]

It depends on the answers to the questions that have already been asked.

Nationwide may also apply for your Claim to be STAYED or even STRUCK OUT.

In all probability though, and this is just a 'guestimate' cos of the lack of info that has been posted, Nationwide will be given another further 28 days to submit a Defence.

[charmaine25]

court filed, i filed for £539.37p. the bank defaulted,i got judgement and bank applied for set aside. nationwide payed me £330.38 and took £30 bk. so im still owed £208.99p plus the £30 they took back. COURT IS ON FRIDAY 15 th june

 

 

looks like i am in exactly the same position as you, well almost.

i filed a judgement by default today because nw have not even aknowledged the claim

[DISCO-DOLLY]

well good luck with that, hope all goes well for you

[DISCO-DOLLY]

Court hearing went well, Nationwide were just a tad too late oh 45 mins to be precise. So due to them being so late and missing the action court ruled in my favour. Therefore nationwide never got their set aside judgement. so now just gotta get the rest of the money off them,wish me luck on that. I mean how good does it not look, for a big company like Nationwide not able to get to their court hearing on time. Felt good walking past them at the entrance on way out, as they'd just turned up :lol:

[speedy016]

Well done you and good luck, hope you get all YOUR money back really soon.

 

Speedy

[DISCO-DOLLY]

Am just wondering what would be best ringing Nationwide regarding the rest of the money thats owed to me, as the judges favoured me. Or sending them a letter. Plus whatever i do can anyone give me some pointers of what i say on telephone or in a letter plz

[MilkTrayMan]

Hello DISCO-DOLLY!

I would wait until U receive official notification from the Court about what was decided @ your Court Hearing re: Nationwide's failed 'Set Aside' application.

It may well be that Nationwide has a legal right to appeal against the decision??!

This is doubtful though, unless Nationwide wants to shoot themselves in the foot, by spending even more money on a case, when they will end up refunding in the end anyway!

Once U have received official notification from the Court, U can reasonably assume that Nationwide has too.

I would then WRITE to them giving them a further 7 days to give U ALL the money that U have Claimed + Interest + Costs etc as per the Judgement.

In your letter U could mention that after the 7 days has elapsed, U will take all necessary legal action to recover YOUR money without further correspondance being entered into + without delay.

If Nationwide does NOT comply with your request...Send the Baliffs in!!!

P.S. The 7 days is just a personal guidance, the Court may allow another period of time for them to comply

[DISCO-DOLLY]

thankyou MilkTrayMan for that info, if i do need to send the baliffs in at all does it cost me in order for that to happen. Plus has it happened yet at all to anyone claiming?

[MilkTrayMan]

The following link explains your options further, if Nationwide wants to ignore your FINAL request for your Refund to be paid...

Enforcing judgment

 

The Cost of issuing a Warrant of Execution etc can be found approx halfway down the following link (...This will be returned to U when Nationwide finally pay up!)...

County Court Fees

 

Here is a link to what happened when a RBS Claimant sent the Baliffs in!...lol... ...

Bank charge victim sends bailiffs | This is Money

[DISCO-DOLLY]

Thanks MilkTrayMan youve been a real help, shall keep everyone posted as to what happends when ive recieved the rest of my paperwork, and sent that letter off

[DISCO-DOLLY]

Hello DISCO-DOLLY!

 

I would wait until U receive official notification from the Court about what was decided @ your Court Hearing re: Nationwide's failed 'Set Aside' application.

 

It may well be that Nationwide has a legal right to appeal against the decision??!

This is doubtful though, unless Nationwide wants to shoot themselves in the foot, by spending even more money on a case, when they will end up refunding in the end anyway!

 

Once U have received official notification from the Court, U can reasonably assume that Nationwide has too.

I would then WRITE to them giving them a further 7 days to give U ALL the money that U have Claimed + Interest + Costs etc as per the Judgement.

 

In your letter U could mention that after the 7 days has elapsed, U will take all necessary legal action to recover YOUR money without further correspondance being entered into + without delay.

 

If Nationwide does NOT comply with your request...Send the Baliffs in!!!

 

 

P.S. The 7 days is just a personal guidance, the Court may allow another period of time for them to comply

hi MTM i have recieved my paperwork from my court that reads....Upon hearing the claimant in person and the defendant not attending IT IS ORDERED THAT 1.application struck out 2.the defendant do pay the claimants expenses at 12.70p by 4pm on the 29th june. Would this date of the 29th june also be the date they must be paid the rest of my claim by??? as didnt mention it on paperwork from the court

[chrisking1962]

Hi DD,

read this thread with interest,well done for most of it and hope you get everything owed if not send the bailifs in (you must be working nights like me) I have just had my reply from Nationwide saying that the usual FSA/FOS rulings etc and that when i opened the account Blah Blah Blah and therefore would not be refunding etc etc. well sending my LBA off today, same for the Yorkshire bank so then I guess it's off to the courts.

Although I did recieve a good will gesture from Abbey for £1178 but this is a little shy of the £7k+ I am claiming against them and that doesnt include the claim I intend to put in for before the 6 year limitation, as I dont think the timescale on when you can claim back to comes into it.

anyway, once again good luck in your final push and get some sleep.

regards

chris

[MilkTrayMan]

...Upon hearing the claimant in person and the defendant not attending IT IS ORDERED THAT 1.application struck out 2.the defendant do pay the claimants expenses at 12.70p by 4pm on the 29th june. Would this date of the 29th june also be the date they must be paid the rest of my claim by??? as didnt mention it on paperwork from the court

It is a Judgement that refers to Nationwide's application to have your 'Judgement by Default' Stayed.

It ONLY mentions the expenses that, presumably U had already submitted, are concerned with this failed application + the Daily Rate of 12.70p.

 

Unless there was a date set for the payment of your Claim, when the original 'Judgement by Default' was made, I assume that payment would have to be immediately.

 

It is usually though, for a Court to allow a Defendant a short period of respite.

Are U sure it does NOT mention a date on your 'Judgement by Default' paperwork??

 

If NOT, I would just follow my previous advice re: Giving them a Final 7 days.

[DISCO-DOLLY]

Well ive sent off a letter to nationwide on the 25th june,it was recieved and signed for on the 26th june. ive also rang nationwide, who told me to contact their legal department. Yet on contacting their legal department all i get is an answering machine service. so have left my name and tele no on there,and a quick guide to what its about. But think they just ignoring all correspondance from meself and the court. So am now awaiting a pack from the county courts,so im able to issue a warrant of execution. and therefore have the county court bailiffs get my money.

[DISCO-DOLLY]

well no money bk from nationwide, and have just recieved my pack from county court. so shall be taking a trip down their to hand in my warrant of execution form. Yet also recieved a letter from Nationwide stating....We have,again,throughly investigated and calculated all the charges that have been applied to ur account in past 6yrs,which may include deducting any previous refunds u have had. After much investigation we will not be refunding anything further. we will also not be refunding any interest as interest was not claimed when u originally submitted ur claim(but it was). if u believe that the refunded figure is incorrect then the nxt step for me is to let the court decide on an outcome(which they did as judge struck out their claim,and ordered them to pay whats owed to me). i really dont think they know what they are doing,as these are the kind of letters i was recieveing b4 they put money into my account unbeknown to me.

[Stewpot42]

Hy dolly - i am going through my second claim at the moment - i have been refunded the interest (on the fees that were charged to my account) but not the actual FEES!

Now i have replied to court saying that i dispute the amount they have paid, and it has been transferred to KINGSTON upon HULL county courts.

 

I presume they are disputing the fees i am claiming for, but if that is so then why have the paid the interest for fees that they are disputing?

[speedy016]

Hi Disco_dolly

 

Hope it goes well, I am keeping my fingers crossed for you.

 

Good luck

Speedy

[dingwalldemon]

Good luck Disco_dolly although i dont think you need it, you've got them bang to rights and i would love to be a fly on the wall if ballifs were sent in. They must have the strangest most clueless legal department in the country!