Advice on Defence against Nationwide!

[Amethyst]

Re: Advice on Defence against Nationwide!

http://i740.photobucket.com/albums/xx49/slightly78/nationwide%20dispute/IMGedit.jpg
16/11/09 asks for the full balance


07/12/09 Then they send http://i740.photobucket.com/albums/x...redebtedit.jpg which asks you to clear arrears of £266.63


Then after 1st defence they send you http://i740.photobucket.com/albums/x...pute/IMG-3.jpg which offers to cancel court proceedings and accept £663 (arrears) and reopen agreement on original terms.


okay between March and May what comms with the court have there been.

The new POC is basically starting over with a DN, chance to remedy then court action. What did the judge stay the claim for ? was it for NW to sort out their DN ?

[ricky balboa]

Re: Advice on Defence against Nationwide!

here is that letter which accompanied the first default notice of 6/11.
A similar letter (as previously mentioned) was with the second default notice.

:- http://i740.photobucket.com/albums/x...G_0001-1-1.jpg

[Amethyst]

Re: Advice on Defence against Nationwide!

okay 6/11 stops you using the credit facility.

they ask for the £166 then the attached dn asks for the full whack.

I cant see a clause in the T&C's allowing them to require the full balance immediately.

Also bit odd on the CCA is the application form is blank and the bit they have on file for you isn't from the leaflet (its too big and scaled wrong to be from the leaflet).

But it is a signed doc and refers to the T&Cs - I'mnot 100% whether the T&C's with the application form you have are those from with the CCA. Have you compared interest rates/default charges on it ?

If it isnt they just have to ship up a recon of the right ones (so dont get overly excited if that leaflet is the most recent version)


So think we're back to why the judge stayed and what the latest order from the judge was ref you entering a defence.

They basically bought the claim on a faulty DN, have been kyboshed and had to start with a fresh DN giving you an opportunity to fix it and go back to the beginnig, but you didnt, so the claim now continues off the new (valid) DN (as I see it)

[ricky balboa]

Re: Advice on Defence against Nationwide!

Here is the info on court correspondance:-

claim issued on 11/3/10

defence filed on time to swindon court

27/4/10 court moved to my local one and allocation questionaire sent out to parties.To be returned by 14/5/10.

11/5/10 nationwide send me copy of their aq :- which mentions that they have filed a new dn today and i have until 1/6/10 to remedy.If i dont they would like to apply to amend the poc.They also ask for a stay of 1 month for the above to take place.

My aq info is supplied earlier in the thread.

They issued the dn and accompanied letter on this date also as previously mentioned.

14/5/10 I handed in my aq on time.

2/6/10 Nationwide send me a letter saying they attached a copy of the application to amend the poc as i didnt remedy the dn sent on 11/5/10.

5/6/10 judgement letter from the court saying that proceedings have been stayed until 25/6/10. claimant to report to the court by that date if the case is settled or further directions required.

19/7/10 judgement letter from the court saying that the claim is stayed until 14/8/10.

I phoned the court and spoke to a clerk asking why the case is stayed and she told me that nationwide had requested it.This phone call mustve been someone and the start of september.She went on to say that the judge would not like nationwide leaving this case in limbo and direction was needed.I thought (foolishly) that this might be the end of it.Until the latest judgement i now find myself in
ie. descision by 4pm tomorrow
------------------------------- merged -------------------------------
Would it be useful to have the court judgements scanned?

Could i get more info on the reasons for the stays from the clerk?..i never received any info on why.

[Amethyst]

Re: Advice on Defence against Nationwide!

the latest order would be useful, yes thank you.

sounds to me like the judge and Nw were giving you opportunity to pay and go back to the position you were in before the default arose originally.

Theres been a couple judgments on DN's lately which have not been in the consumers favour. They havent been handed down too long so the lift of the stay period may well have something to do with that. One of them was a defence based on the same template you used and was about a DN not having more than 14 days clear.

The orginal DN was faulty in asking for entire balance but they have the contractual argument for terminating at that point.

[ricky balboa]

Re: Advice on Defence against Nationwide!

here are the 3 judgements after the aq was received and nationwide supplied the court with the application to amend the poc.

5/6
http://i740.photobucket.com/albums/x...IMG_0002-2.jpg

19/7
http://i740.photobucket.com/albums/x...IMG_0003-2.jpg

12/10
http://i740.photobucket.com/albums/x...IMG_0004-1.jpg

[Amethyst]

Re: Advice on Defence against Nationwide!

Thanks.

So till 4pm tmw. do you live near the court ? you;ll have to send special delivery to the claimants. which means making a decision (sorry) as I guess you have to get in the post by 4pm.

[ricky balboa]

Re: Advice on Defence against Nationwide!

i only live 10-15mins from the court, so i have 24 hours to get it to the court.
what would i need to send to the claimant?
i thought i only had to file a defence or admit the claim to the court?

[Amethyst]

Re: Advice on Defence against Nationwide!

Well the order says file in court and serve on the claimant, so thats what I was going off. You;d send them copies of what you enter to the court. email should be okay if you give them a call first and send the hard copy in the post to arrive monday.

[ricky balboa]

Re: Advice on Defence against Nationwide!

On which of the following 2 instances do you get a CCJ on your credit fileget a ccj
1) If you dont follow a judges order of a regular payment plan.

2) As soon as a judge makes an order for a regular payment plan.

I have never been 100% on the right answer.


Read more at: Legal Beagles Consumer Forum - Re: rickybalboa v nationwide

[Amethyst]

Re: Advice on Defence against Nationwide!

On which of the following 2 instances do you get a CCJ on your credit fileget a ccj
1) If you dont follow a judges order of a regular payment plan.

2) As soon as a judge makes an order for a regular payment plan.

I have never been 100% on the right answer.


Read more at: Legal Beagles Consumer Forum - Re: rickybalboa v nationwide

Replied to your PM.

You receive a CCJ on your file and register if you do not pay a judgment in full within one month from the date it is issued - regardless of whether it is on installment plan set by the court or not.

[ricky balboa]

Re: Advice on Defence against Nationwide!

so to prevent a ccj i would need to agree a settlement amount asap.
But i would still have to put admittance on the claim form if im not defending.I guess only the creditor could stop the case from continuing to a judgement.

[Amethyst]

Re: Advice on Defence against Nationwide!

If you agree a settlement then you would get a consent order, or NW would discontinue.

I think a consent order (an agreement between you whats going to happen thats lodged with the court and puts the case on hold where it stands currently) would be the way which would depend on you payin the agreed amount and them discontinuing once its all received. So if they agree now, then you don't pay, they can restart, and if they agree now then change their minds, you can put in your defence/admission without being predjudiced at all.

[ricky balboa]

Re: Advice on Defence against Nationwide!

could you please reply amethyst to the other questions on the last pm i sent you...thanks

[Amethyst]

Re: Advice on Defence against Nationwide!

oops meant to do that after the first two xx sent x