Hi Caro, He is not a member of the site, he has no computer access which is why I am helping him. It is my brother in law so I dont mind too much. I have started a thread in the A&L forum as I did not realise these threads were her until later. http://www.consumeractiongroup.co.uk/forum/alliance-leicester/73680-application-set-aside-judgement.html

Can I just say absolutly riveting thread! I don't mean to hi-jack but my brother in law is also having this fight with NR, I am helping him as much as I can but my successful battle with A&L was no where near as underhand as this! NR have just contacted him also requesting he consent to the set aside. It is amazing to see that every step of NR's fight with us is the same, who do they think they are, using excuses such as the papers were lost in the system on so many occasions. Someone should expose there tactics, its a disgrace there getting away with it! I will advise my brother in law to accept the set aside and concentrate on the fight in hand - reclaiming those charges! Good luck all - keep us informed.

Hi there, A friend of mine is also at the same stage as you with the NR - They also did not respond to any of the court documents he sent, there reason, they were lost in the system! They have also applied to have judgement set aside, and have had the cheek to ask my friend to consent to the set aside without a hearing! The date of hearing is not until 2nd May though so he has a pretty long wait. Good luck..keep us informed!

Hi, Thank you for the speedy responce, I appreciate it. My friend did not know any one else had attempted this with NR, it is reasurring to know he isn't the only one! NR have enclosed a copy of the defence they intend to use and even I think it doent look the best! They are also saying the reason they didn't respond to any of the original court documents is that they were mis-filed, astonishing they are using such a poor excuse! Thanks again for the info.

Hi all, I know this is not relevant to A&L but this is where i was successful in reclaiming my charges from A&L. A friend of mine has been going through the process with the Northern Rock now for sometime, after they did not reply to any of the court documents he entered judgement, they soon replied to that and have now applied to have it set aside. A hearing date has been given but they have since wrote to him asking for his consent to the judgement being set aside without the need for a hearing. As far as I am aware all of these hearings go in the banks favour anyway so should he consent to this or hold out for the hearing? He has asked my advise but although I was successful I never had to deal with anything like this. All advice appreciated. Thanks.

Hello all, Iv had very little to report recently, however after they offered my partner £1000 we kindly refused with a thanks but no thanks. In the offer letter they agreed to pay £1000 and drop the counterclaim. In the reply I thanked them and once again reminded them of the CPR which says they cannot claim legal fees in a small claim. Their solicitor has since replied to "correct what appears to be your misapprehension in relation to the Society's counterclaim. This is not a claim for legal fees in a small claim, but a contractual claim for legal and administrative costs" That was the whole reson for their reply. Although I am aware this is another attempt to get us to back out can anyone advise me as to what the difference in the two are and with the court date only 10 days away, if we loose what expenses we are likely to incur. Many thanks in advance as always. Em

Have they actually filed a defence, which you should have a copy of or have they just stated they intend to defend? Unfortunately for us if they miss the deadline and we do not file a judgement by default they can be as late as they want. Until we take the next step they can still reply and it will be accepted by the court.

Hi all, sorry I havn't been on for a while, xmas is a busy time at work for me. Ok I have an update, we have received a letter offering us £1000, they say this works out at just over £13 per charge which supports the oft decision, as this is what we seem to be relying on in our court bundle. I know what I want my next step to be, especially that they are being so stubborn and rude in their letters. I want to reject it and carry on with the claim, even if it does mean going to court. Im just a little uneasy of there wording, offering the difference etc. Any advice would be appreciated. Thanks in advance.

Bundles handed in today, quite proud of them, especially in comparison to theirs! The only thing i've realised after handing them in is that I've page numbered the courts and my own but I didn't page number the banks. Is that ok?

Hi, just finalising the court bundle today and I was just wondering if it is absolutly neccessary to include copies of the statements in each? Thats alot of copying if we do.

Update: The Cumberland have sent their court bundle today. Its just copies of their terms and conditions, copy letters they sent when a charge had been applied, two refund charge letters when two of the applied charges had been refunded, banking code leaflets etc. Nothing which argues that there charges are not a disproportionate penalty.

Thanks zoot, appreciate it. I'l let you know how I'm getting on with it soon. Em

It's official, finally received the letter. Hearing is set for 8th Feb, it said that mine would be heard back to back with other hearings. I assume this is no different from any other, I think i've read somewhere the same. My court bundle has to be in by 12th Dec, doesn't give me much time to prepare it!

Finally I have something to report!! Just spoke to the court and they've told me that a date has been set for a hearing, 2nd February. I take it my local courts are as snowed under as the rest! They said my partner should have a letter about it when we get home. Court bundle to start then...

Hi all, Nothing to report as yet, I've had no contact from the Cumberland or the court. Is this a usual waiting time for a court date? Just wondering if I should contact my local court to check progress.