Conker v Nationwide

[conker]

Hi Curlyben

Have been following your extremely helpful advice to Potless1.I am new to this site but am in a similar position to Potless1.
I have a court claim against me from Nationwide for a personal loan which I am unable to pay.I have followed all the advice CAB,CCCS,£1.00 token payment etc etc.Have made two CCA requests earlier this year and have had no response.Could you please advise on the following

1) Your last link to Potless1 on this thread(3 pages) ended when he recieved an acknowledgement letter from the court is there any more continuing info?If so where do I find it?

2) I intend to use CPR 31.14 to try and obtain documents for my defence from the claimant do I have to enclose a fee?

3) If they do not produce a CCA will they still go to court?


Thats it for now,your help thus far just from reading your threads has been immense

Regards
Conker

[Curlyben]

Re: Conker v Nationwide

No worries Conker.
Potless's thread is at a delicate place and needs private handling.

Now to your questions.

1/ mentioned above
2/ 31.14 is a MUST for any court action and NO fee for a defence DCA: Using CPR 31.14 to Your Advantage - Consumer Wiki
3/ Rule of thumb, No CCA - No Enforceable agreement.

So my turn.
Where are you at with this action.
You mention they have entered a claim against you, but no dates, etc.
Could you fill in somethings for us..

[conker]

Re: Conker v Nationwide

Thanks for responding Curlyben
To put you in the picture I have several debts under dispute but only this one is at court stage,the others seem to have gone quite after my CCA requests.
This one is for an unsecured personal loan which i was unable to pay after redundancy about a year ago.
Went down routes as stated previously then came across this site and decided to contest the debt,requested CCA twice in March 09 & April 09 never recieved anything!!
Claim raised for Nationwide through Eversheds LLP in Cardiff County Court issue date 14 July 09 thus day of service July 19th 09.I have filed acknowledgement within the 14 days stating I will defend all of the claim which as I understand gives me till 19th August to file my defence.
I have come across several letters of defence on this site and am a little confused as what to use in my defence as I am aware its a serious matter and do not wish to get it wrong or claim something I should'nt.I am sending the CPR request as per your link can you advise or perhaps give me a draft to send to the court
Many thanks
Conker

[Curlyben]

Re: Conker v Nationwide

Can you post the POC for us ?

[conker]

Re: Conker v Nationwide

Do you mean the Particulars of Claim?If so it states

"The claimants claim is for the sum of 7678.96 being the amount due on account ref XXXXX beng a credit agreement regulated by the Consumer Credit Act 1974.A Consumer Credit Default notice has been served by post on the defendant and has not been complied with"

[Curlyben]

Re: Conker v Nationwide

Excellent.
Cruddy as ever.
Well get the CPR request in and as for the defence try this one:

Defence
1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.


2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

SHould do the trick while you are waiting for their compliance.

[conker]

Re: Conker v Nationwide

One thing on the CPR request it states to delete document requests if not stated on the POC but I presume I request them all even though they are not on the POC.
Very new to these forums seem to have to log out then in to view your reply!!Is there a user friendly guide somewhere on the site

[Curlyben]

Re: Conker v Nationwide

In this case you are asking for the agreement and the default notice as these are the only documents mentioned, and all that's really needed.
After all there is NO assignment as Eversheds are acting for the OC.

[conker]

Re: Conker v Nationwide

apologies computer problems back on line now.Thanks for your help I will send off the CPR Request and defence immediately.Am away for 12 days from 20th so will update all on my return(I have advised the court)
Really appreciating your help
Conker

[conker]

Re: Conker v Nationwide

Hi Curlyben

Hope all is well with you

Have returned from holiday to find an Allocation Questionnaire request from the court which I have to return quickly.It seems to be more for the claimant than me the defendant and seems generally straight forward apart from the following which hopefully you can assist me with

1) What are Pre-action protocols?Have I complied with them?If not whats my reason?
2) Which track is most suitable,I presume the small claims track,though I am not the one making the claim?
3) Should I attach all previous requests for CCA with the form?
4) Is there any other info I should supply to "help" the judge manage the claim?
5) What are proposed directions?

As Nationwide have failed to respond to my CCA requests and also CPR 31.14 when and would I get to the stage when the Judge may throw out the case?If he did what would it mean?

Many thanks
Conker

[Curlyben]

Re: Conker v Nationwide

Watchya, hope you had a good holiday.

So is this from N'ton still or your local court ?

Here's the answers you need

1- Doesn't apply to you
2- Small Claims, especially as Eversheds have chosen to ignore your CPR and Nationwide your CCA
3- Yes and draw the courts attention to the fact that these lawful requests have been ignored.
4- see 3
5- none at present as the points in 3/4 should be enough

The court will likely order the CCA and CPR compliance, but we'll see what happens.

[conker]

Re: Conker v Nationwide

Holiday great thanks but now back to the battle.

Thanks for the advice yet again, will complete questionnaire and see what happens

Good to know you and this site are here will update as soon as I hear anything

Regards
Conker
------------------------------- merged -------------------------------
Apologies meant to say the case has been transferred to my local court

[conker]

Re: Conker v Nationwide

Hi Curlyben

Have recieved a copy of the allocation questionnaire completed by Eversheds on behalf of Nationwide.I did not send them a copy only sent it to the court is that a problem?
On their form they have requested a 2 month stay which would in their words

"enable parties to investigate and narrow down the issues arising from the respective statements of case in the hope that the matter can be settled by mediation or other means.The claimant considers a 2 month stay in the proceedings rather than a month would better facilitate settlement while simultaneously saving both parties costs and the court time"

Is this a bit of a climbdown from Everesheds?

I did not ask for a stay on my form and requested no mediation.

Also attached are Proposed Directions on Allocation

1) The claim be allocated to multi-track(I requested small track)
2) The claim be stayed until 2 November 2009 while the parties try to settle by mediation or other means.The parties to notify court in writing at the end of the period whether a settlement has or not been reached and to submit a draft consent order of any settlement
3) The matter be listed for a Case Management Conference to be conducted by telephone on the first open date after 2 November 2009 to consider what directions if any are required to prepare the matter for determination at trial
4) An agreed case summary and draft directions to be filed 3 days before Case Management Conference

Not sure what all this means??????

Another concern they estimate their costs should it go to court at £3500 which is a bit of a worry should I not win???

Look forward to your advice

Regards
Conker

[conker]

Re: Conker v Nationwide

Hi Curlyben

I need to start a new thread for another battle this one with Natwest but cannot for the life of me find out how to start one can you or anyone please advise.

Thanks
Conker

[Amethyst]

Re: Conker v Nationwide

Hiya xx

Sounds like it is meant to scare you into giving up. Costs and multitrack. If they were confident of winning they'd give you the docs and say bring it on, not give us another 2 months to try find an agreement.

Their directions sound ok but I would expect the judge to first order their compliance with the document request. I don't think you need worry, at least until you hear back from the court.

I'll ask Curls to look in too

Ame
xxx

Hi Curlyben

Have recieved a copy of the allocation questionnaire completed by Eversheds on behalf of Nationwide.I did not send them a copy only sent it to the court is that a problem?
On their form they have requested a 2 month stay which would in their words

"enable parties to investigate and narrow down the issues arising from the respective statements of case in the hope that the matter can be settled by mediation or other means.The claimant considers a 2 month stay in the proceedings rather than a month would better facilitate settlement while simultaneously saving both parties costs and the court time"

Is this a bit of a climbdown from Everesheds?

I did not ask for a stay on my form and requested no mediation.

Also attached are Proposed Directions on Allocation

1) The claim be allocated to multi-track(I requested small track)
2) The claim be stayed until 2 November 2009 while the parties try to settle by mediation or other means.The parties to notify court in writing at the end of the period whether a settlement has or not been reached and to submit a draft consent order of any settlement
3) The matter be listed for a Case Management Conference to be conducted by telephone on the first open date after 2 November 2009 to consider what directions if any are required to prepare the matter for determination at trial
4) An agreed case summary and draft directions to be filed 3 days before Case Management Conference

Not sure what all this means??????

Another concern they estimate their costs should it go to court at £3500 which is a bit of a worry should I not win???

Look forward to your advice

Regards
Conker