Nationwide

[skilganon]

Re: Nationwide

Hi nem,

yes i am pretty sure i have, rather than use this thread would it be better to send details to you in a PM?

it may take me a while to find the necessary papers

[nemesis45]

Re: Nationwide

Hi nem,

yes i am pretty sure i have, rather than use this thread would it be better to send details to you in a PM?

it may take me a while to find the necessary papers

Yes certainly PM them.

nem

[Toadie1953]

Re: Nationwide

Hi Nemesis et Al, letter sent, I will see what happens now., I sent a copy to Nationwide too, didn't want them to feel left out

regards

[Toadie1953]

Re: Nationwide

I Received a reply to my email as Shoosmiths had received my recorded delivery letter and my copy email,

I advised that I would apply to have their claim struck out, this is their reply;-

I would genuinely care to suggest that you seek independent legal advice in this matter.

As you are aware, your complaint and our client’s dealing with the matter have been reviewed by several parties including the Financial Ombudsman Service. It may be difficult, but I fail to see why the court will judge differently to those other parties.

Of course, you are at liberty to make applications to court if you wish. I will give the same my utmost attention if and when received. I simply fear, with the knowledge that I have of the matter, that any such application will be dismissed by the court. In those circumstances you will incur significant further fees and costs unnecessarily.

To that end, if you wish to discuss this matter at any time, with the potential of finding a practical solution / settlement, my contact details are provided below for your use. In the alternative, I am available by email and letter as you are aware.

For the avoidance of doubt, our client is a responsible lender and is willing to consider genuine offers of repayment to halt proceedings. It will continue to consider offers until judgment. I hope that you will re consider your position and provide a reasonable offer by return.

I provide below the details of legitimate advice websites and agencies that may assist you.


This glosses over that their client failed to report a fraud, and failed to seek redress from HSBC who transferred the money originally. the ombudsman did not get the full story , my fault, but surely with the additional evidence this point needs to be settled. Also that they refused to meet before, and that I am already paying an agreed sum every month, which I have increased as and when i am able.

Your thoughts would be appreciated

[nemesis45]

Re: Nationwide

If Shoosmiths are so sure of their ground one has to
wonder why they have left the claim in limbo??

nem

[Toadie1953]

Re: Nationwide

Shoosmiths have applied to the County Court, I am awaiting the next move. i didn't get the case stayed as i didn't have enough money for the court fee. I am still paying the monthly amount that they requested, so stressful, not good for a man with a heart condition. I will see what the next move is
Thanks for all the advice
T

[nemesis45]

Re: Nationwide

Shoosmiths have applied to the County Court, I am awaiting the next move. i didn't get the case stayed as i didn't have enough money for the court fee. I am still paying the monthly amount that they requested, so stressful, not good for a man with a heart condition. I will see what the next move is
Thanks for all the advice
T

What application has been made to the court??
nem

[FlamingParrot]

Re: Nationwide

Shoosmiths have applied to the County Court, I am awaiting the next move. i didn't get the case stayed as i didn't have enough money for the court fee.

Reading back through the thread, the case WAS stayed on the 1st of June, presumably they failed to respond to your defence.

Hi Nemesis 45, yes the case was stayed on 1st June, I just spoke to the court. I presume Shoosmiths want me to withdraw my defence so they can apply to a judge to get the stay lifted? I must say I think that the costs for Nationwide must be very high now.

So it looks like you were going to apply for strike out but you didn't do so. You say you didn't have enough for the court fee, did you look into fee remission?

If you didn't, you'll find full details here: http://hmctsformfinder.justice.gov.u...ex160a-eng.pdf :thumb:

I Received a reply to my email as Shoosmiths had received my recorded delivery letter and my copy email,

I advised that I would apply to have their claim struck out, this is their reply;-

I would genuinely care to suggest that you seek independent legal advice in this matter.

...or have we missed something that was communicated by PM? :noidea:

Hi nem,

yes i am pretty sure i have, rather than use this thread would it be better to send details to you in a PM?

it may take me a while to find the necessary papers

Shoosmiths have applied to the County Court, I am awaiting the next move. i didn't get the case stayed as i didn't have enough money for the court fee. I am still paying the monthly amount that they requested, so stressful, not good for a man with a heart condition. I will see what the next move is
Thanks for all the advice

What monthly amount are you referring to?

[Toadie1953]

Re: Nationwide

You are correct they failed to respond to my defence.
I didn't know about fee remission, it looks as though I would qualify

I Received a reply to my email as Shoosmiths had received my recorded delivery letter and my copy email,

I am still paying the monthly amount that they requested,







What monthly amount are you referring to?
I agreed that I would repay them on a monthly basis to prevent further action, and was advised to continue repaying them a monthly amount to reduce the debt,(By CCCS) until I could prove that they lied about being able to get a transfer reversed. The amount I am now paying is what was suggested by Shoosmiths, More lies!!

[Toadie1953]

Re: Nationwide

You are correct they failed to respond to my defence.
I didn't know about fee remission, it looks as though I would qualify

I Received a reply to my email as Shoosmiths had received my recorded delivery letter and my copy email,

I am still paying the monthly amount that they requested,







What monthly amount are you referring to?
I agreed that I would repay them on a monthly basis to prevent further action, and was advised to continue repaying them a monthly amount to reduce the debt,(By CCCS) until I could prove that they lied about being able to get a transfer reversed. The amount I am now paying is what was suggested by Shoosmiths, More lies!!

Does this mean that I could still request for this to be set aside, even though its going to County Court??

[FlamingParrot]

Re: Nationwide

Does this mean that I could still request for this to be set aside, even though its going to County Court??

No, set aside only applies to default judgments, i.e. when they've already obtained a CCJ against you, usually because you didn't receive the court papers and didn't have the chance to defend.

You may be thinking of a strike out instead, on the basis that the claim had been stayed for a long time, however, you stated above that Shoosmiths have applied to the court, presumably to lift the stay and proceed with the case?

Have you got any correspondence from either them or the court? If so, it would be an idea if you could post it up (suitably redacted of course). :typing:

[Toadie1953]

Re: Nationwide

All I have got is a letter from the County Court to say the case will now be heard by them, nothing from Shoosmiths apart from their last email saying that they had been instructed to proceed on 16th July. I will copy the legal papers tonight

[Toadie1953]

Re: Nationwide

Hi The letter I have is headed Notice of transfer of proceedings to County Court Business Centre, the claimants are asking for summary judgement, can I still ask for their case to be struck out??

[nemesis45]

Re: Nationwide

Hi The letter I have is headed Notice of transfer of proceedings to County Court Business Centre, the claimants are asking for summary judgement, can I still ask for their case to be struck out??

When is this letter dated and when did you receive it?
I would think there would have been a reason stated at some point for the application
for summary judgement.
Have you by any chance missed a court date or failed to file any documents?

nem

[Toadie1953]

Re: Nationwide

Hi Its Dated 10th August, no reason has been given and I have received no other correspondance from the court. Last letter was acknowledgement of my defence.. I have not received any court date or other documents, it just says thet the court will send me and other parties notice of the time date and place of hearing. I would call them but last time it took 2 hours!!