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ladymoonray

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Everything posted by ladymoonray

  1. The allocation hearing is still on for 24th January. I'm annoyed, because I'm going to have to take a day off work to go to it, but I will not give in. I'll be posting shortly all the points I made in my various letters, so I can make sure I've covered everything; and then I shall just rely on that in court. I'd also like some advice on pointing out to the judge the threatening tone that Paragon's solicitors have been using in their correspondence, without getting told off for contempt. Thanks!
  2. The allocation hearing is set for 24 January. I've decided not to worry about it until after the new year, but if anyone has any advice for me before then, please post it! thanks ladymoonray
  3. Just a quick update: Paragon are still trying to persuade me to agree to the claim being heard on the multi track. I am still refusing. I have asked the court to set a date for the allocation hearing asap, as I'm fed up with the delays. More news as it comes in! ladymoonray
  4. Thanks so much for that Zoot. I feel a lot better about it now, and I shall certainly do whatever I can to get the case heard as a small claim. Having said that, I'm happy to go to an allocation hearing if I need to. I trained as a solicitor, though I don't practice, so I'm not as intimidated by the whole process as Paragon would probably like
  5. Grrr! I asked for the claim to be allocated to the small claims track, because, well, it's a small claim! I've just had a letter and forms from Paragon's lawyers saying they've asked for it to be allocated to the Multi-track court. If I agree to this, they guarantee not to claim costs against me if I lose. I'm inclined to refuse to agree, because I can't afford to use a lawyer and it will be more difficult for me to represent myself on the Multi-track. Also, I have to guarantee not to claim costs against Paragon. They are going to ask for four other cases to be stayed pending the outcome of this one. Lucky me! I'm happy to fight, but I want to do it in the small claims court if at all possible. Does anyone have any advice for me? At the moment, my intention is to reply to Paragon's solicitors (with a copy to the court) saying that I do not consent to the case being heard in the multi-track, for the reasons I've given above. Is there anything else anyone can think of to help me? thanks! ladymoonray
  6. Marky, You probably worked this out already, but Kensington Mortgages will fight your every step. They're not even giving way on the admin. fees; I'm having to take them to court for £141, FFS! Of course it may not get that far (and I sincerely hope it doesn't), but we're waiting for a court date at the moment. So if you're picking a claim to try out first, it might be better to avoid Kensington! ladymoonray
  7. Thanks Zoot! I hadn't read the bit about the fee properly; as my claim is under £1500 there is no fee to pay on the allocation questionnaire. So I filled it in and sent it off today. There was nothing new in the defence (surprise); just a lot of waffle designed to put people off. I shall be most interested to see what happens next!
  8. Update on the injunction situation: I decided not to go ahead. I couldn't afford the court fees (all my claim money has gone straight into paying off debts), and I was never going to be a very good test case. I'm hopeless at managing money, despite knowing how I ought to do it, and I'd have hated to spoil things for other people who might have a better case for Nationwide keeping their account open. I am going to take it through the Nationwide complaints system though, and ask the FSA to review the decision - that comes free, and I hope they might get their wrists slapped, at least. I do have one final word of advice on my claim against Nationwide. When they paid my claim, the interest figure was short by about £50. I've spent most of this afternoon on the phone to them, having called this morning and said I was going to continue the claim in court unless they paid up the balance. I told them the court papers were going in today, so they'd better agree it pdq. They did! There are two cheques on the way – two because they only agreed to a lesser amount at first, and I had to argue over the remaining £17! They agreed it in the end though. This will only work if you're 100% certain of your figures. At one point we were going through the schedule line by line, if you can believe that. Make sure you calculate the interest right up to the day they paid you the main claim (type the date in the box at the top of the standard spreadsheet), and then don't let them wiggle out of any of it. Even an afternoon on the phone has to be worth it for £50!
  9. Paragon have submitted a defence, and I've received the allocation questionnaire. I'm not entirely sure where I'm going to get the £100 court fee from, but I have until 23 October to do it, and I'm determined to continue. Wish me luck!
  10. Just for completeness: Moneyclaim issued 8th September. Acknowledged but nothing else has happened yet.
  11. Just for completeness, the moneyclaim was issued on 8th September. No response as yet. ladymoonray
  12. Hi KJ, my Moneyclaim against Paragon was issued on 8 September. It hasn't been acknowledged yet. Good luck, and I will post to say what happens next. ladymoonray
  13. Thanks, Dolly. I'm just about to call my local county court and ask them to send me the forms. I'll come back for some advice when I have them. Just to keep the info up to date, the account closure date is 5th October, so I have a little time to sort myself out.
  14. OK, now I have to make a decision. Nationwide have refunded all my charges after acknowledging my moneyclaim (bar about £42, which I hope to get out of them by requesting judgement in default for that amount). And I've had the inevitable letter telling me they're going to close my account. I don't really mind, as I have a parachute account with Natwest. But I don't think they should be allowed to get away with this, so I'm thinking of going for an injunction against them doing so. The main problem with this is that I'm not exactly a model customer. I've sorted my finances out a lot recently, and I hope to improve even more, but recently I've had one or two charges for declined direct debits etc. per month month. I'm worried this will give them an excuse for closing the account. Can anyone (maybe Dolly?) give me a quick rundown of what's involved with applying for the injunction, and how much it is likely to cost? Does my poor banking record make it less likely the injunction will be granted? Also, I'm not sure whether I should start swapping my direct debits etc. over to my other account. Any advice would be gratefully received. thanks ladymoonray
  15. Go you SusanMom! I'm about to start my Moneyclaim against Paragon, so I'm really interested to see what happens in your case. ladymoonray
  16. Thanks Dolly, that would be great. I've discovered that my payments were about £40 short, so I've just e-mailed Mr Bacon to tell him I'm going to apply for judgement in that amount if I don't get it before the 28 days are up. I've also reminded him I'm going to apply for an injunction if they try to close my account; hopefully he will take some notice!
  17. Woot! The claim money (almost £2500) has arrived in my bank account! *dances with joy* Thank you so much everyone who's helped, you are brilliant. As soon as I get the interest and costs repaid, I'll be making a nice big donation to the site. Unfortunately the claim money will go straight out of my account again to pay debts, but it's great to get those out of the way nonetheless. Hurrah!
  18. Go for it Barry. They won't pay up unless they see that you're serious enough to start an action, and they will acknowledge it and say they're going to defend - but about a week later, the money will magically appear in your account. I've just checked mine and it's there - £2500! That's just the claim, but I understand that the interest and costs go in separately. So it can be done, and the relief when the money arrives makes it all worthwhile
  19. The court forms helpfully don't tell you this, but the request for judgement form is the one you need if they don't put in a defence; then you can apply for summary judgement. Hopefully you won't need it. NW will probably acknowledge the claim and say they intend to enter a defence, but on past performance they won't actually do so. It just gives them a bit more time (28 days from the day the claim was issued). After you get the acknowledgement you can start checking your bank account Once the 28 days have passed, if you don't have your refund, then you might need to request judgement - but hopefully not.
  20. Hi there, I'm in a similar position, though a bit behind. My Moneyclaim went to NW on 17th August, and they acknowledged it on 22nd. It seems to be standard for Nationwide to acknowledge the claim and say they're going to defend it, but then they don't. I'm sure Dolly would tell you to keep checking your bank account, as you should get your money back any day now *fingers crossed for both of us*
  21. Good luck getting your charges back. Paragon paid £120 in fees back to me on my first letter, but then I was after them for about £1400 early repayment penalty as well (which of course they haven't conceded). I'll be taking them to court on that at the end of the month. I hope things go easily for you.
  22. Thanks, KJB (how weird, those are my initials too). I've had another whingey letter from Paragon in response to my LBA. I'm not bothering to post it here, it's much shorter and less technical than the previous one. I can start the moneyclaim any time after 30/08/06, but I'm going to have to wait until I get a refund from the Nationwide before I can afford the court fee for this claim. However, I'm well on with the Moneyclaim against NW, so hopefully I'll be able to get started soon. I'll definitely keep posting here when anything happens, as I know this is a less tested area. Good luck KJB as well!
  23. I've just checked my claim on-line, and apparently it was acknowledged yesterday. Hopefully this means money in my account soon. I'd be ever so grateful if it did, cos my balance is currently £5.31!
  24. Thanks Dolly, I'd forgotten to send the details to a mod. I've given them to Bankfodder now.
  25. Bev, you have my sympathy. Nationwide are already talking about me taking my business elsewhere, and they haven't even received my moneyclaim yet! I don't know if I will have the time, money or energy to take them to court over closing my account (which they undoubtedly will). If I can manage it, I will. But I am also going to kick up a hell of a fuss about it with the financial ombudsman, the financial services authority, the office of fair trading, and anyone else who will listen to me. They shouldn't be allowed to get away with it.
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