Claim Has Been Stayed!!!!

[weechicken]

18 days after service of the court documents they paid 1 amount of cash to my account, this represented the interest due plus court costs of £120 and 5 days later 2 amounts as "cn" correction they added up to the total charges claimed back.

 

2 days later a letter arrived telling me what had been paid and informing me that a proposed account charge had been suspended.

 

They also informed me that they cannot provide free banking and if I strayed into any breach of the terms and conditions in the future that they may have to review my account availability.

 

I have now informed the court that they have settled my claim in full.

[illonavamp]

Be prepared for them to close your account liek they did with most people. But congrats!

[Azazal23]

Nice one thanks ill my a goo eye on my account. I'll have ago at them if they try and close my account

[Azazal23]

Filed my claim with MCOL on the 22 Feb 07, and had acknowledgement they intended to defend. My claim goes back to Jan 2000 so is/was just over the 6 year limit.

 

Like every one else 2 weeks ago had one or two deposits into my account, but then i noticed i had made a mistake on my claim specifically the amount i had entered a few charges more than once. Anyway this week i had stated to put togeather the N244 notice application to change the POC (specifically the amount).

 

In my initial POC i made no mention of the Limitations Act or the 6 year limit.

 

Well i have received today "Notice Of Defence That Amount Has Been Paid" from the court. Basically Nationwide have paid all charges and interest up to the 6 years, but have stated the rest another £540 is statute barred.

 

I want to continue but am unsure s to how, do i still have to amend POC to change to total amount i am claiming and also enter a defence with regards to Sec 32 Limitations Act.

 

Or do i just reply using the form they sent stating the amount outstanding and my response to their defence which is "The defendant has refunded all charges debited to the claimants account since 19/2/01 that had not previously been refunded. Insofar as the claim relates to charges debited to the claimants account account before 19/2/01 it is barred by virtue of the provisions of the Limitations Act 1980

 

No further sums are due from the Defendant to the Claimant"

 

 

Can anyone help and or suggest a response, i am off work tommorow so would liek to get something togeather and get it out asap.

[Azazal23]

can anyone help please

[hagenuk]

I think that to amend the claim now, given that you have already recieved a full offer and you did not make any attempt to refer to the Limitation Act 1980 in your particulars of claim despite still claiming for charges that were greater than six years old is going to cause you a problem.

 

Have Nationwide paid you the charges that you had entered more than once and were the reason for the amendment that you were going to make?

[Azazal23]

No they have not, the reason for the amendment was i initally entered the wrong amount.

 

Nationwide have paid the charges back within the 6 year limit but not the ones that fall just outside, another £540. I did not make reference to it im my POC becuase i thought it was up to them to make light of it, now they have can i just not agrgue the Sec 32 of the Limitations Act

[Azazal23]

Can anyone help please, i need to know the following

 

Do i still go ahead and file to amend the POC. If so i do i include the the amounts already paid by Nationwide in the total amount. Also can i or do i add the Limitation Act Sec 32 defence on the POC

 

Do i do all this befire replying to the N9B form which Nationwide have stated they ahve paid all monies owed and the remainder is statute barred

 

Or do i drop the whole thing and re file for the amounts owed over 6 years

[hagenuk]

Yes, you should continue. There is no duty on the claimant to refer to the Limitation Act in any way. Even the court does not have a duty to refer to it.

 

Has the claim been struck out? If not then you may continue with it, but you will need to be prepared to argue the Limitation Act.

 

If the defendants apply to have the rest struck out you should get an opportunity to put in representations to object to strike out. You may reject the offer or accept in partial settlement with an intention to pursue the full amount.

[Azazal23]

Ok excellent, thanks, but do i need to amend the POC to show the oringal correct amount i am claiming. If so do i subtract the amounts already paid from the total

[hagenuk]

Yes, you should do that and you will need to alter the total to reflect the payments made to you so far.

[Azazal23]

So from the top

 

I file the N244 to amend the POC i do not chance the actual wording, as in include anything to do with the Limitations Act. But change the amout to the total amount now outstanding which is £540.

 

What do i do about the court fees becuase they have paid the inital £120, do i just put this as £0.00 as i still have that in the POC, which will or should allow me to recover anymore costs should they arise.

 

Do i return the form stating i still wish to continue after i have filed to amend my POC. I do have 28 days to respond so i would think this would be best incase there is a problem with my application

 

Many thanks for all your help, sorry for so many questions but just want to be sure and get it right before i continue.

[hagenuk]

You will now need to argue the point about the Limitation Act, you must change the wording of your PoC to plead your case. The defendant's have made the assertion that £540 of the charges cannot be claimed due to the Limitation Act and now you must argue that you are entitled to claim them.

 

You will need to pay a fee for the N244, look that up here Court Fees

[Azazal23]

ok thanks, ill have alook at other threads now and try and find an appropriate defence to put on the POC

[Azazal23]

OK, completed my N244 and and new and updated N1 with the Sec 32 stuff in it.

 

Will post tommorow, thanks for all your help. I will keep you updated

[Azazal23]

Just got my date through for Oct for Nationwide. Claiming back £520 all charges are for 1999 and 2000. They filed a pretty poor defence only about 6 lines long.

 

Has any had this before, do they just not show up on the day or do they settle closer to the time.

 

I have wrote to the court askihg them to throw the defence out for abuse of the process. Hope it works.

 

Also got a Oct date for Barclays to remove a default, that is gonna be a lot harder to sort i think. Here s hoping they get thrown out too.

 

After that im finished......my credit history will be tip top and i would have sued just about everyone i can, including Sky TV.

 

JUst like to say thanks to everyone for all their support....

[Azazal23]

Just had a letter to tell me my claim has been stayed till next year even though it was due for a hearing in 2 weeks. Can they do this so close to the finish.

[hedgey06]

Unfortunately, yes - they can. Although it's incredibly unfair when you're so close to the finishing line.

 

Have a look in the new 'stays' forum (linked to my signature) for further discussion and advice on how to approach this. It's worth starting a new thread for this claim in the stays forum as well.

 

Best of luck

[livelylad]

9 threads merged please stick to this 1.