thanks once again. because the judgement was made in error i just assumed that they would set aside and i would have more time to prepare. I will print off N244 and do as you say and hopefully should be able to get posted tomorrow. I dont know what to write in my defence as i still do not know whether they have charged my#e illegally, without the statements i cannot know this. Do i include in the counterclaim the bank charges from the current account ? At the moment my defence is that the bank *may* have overcharged me and that some of the £2500+ *may* be amde up of bank charges thanks

update - collected info from NW branch, it had all statements from my current account but NO statements from my credit card,m which is what the CCJ is for,- i had put the current account number at the top of the sar however it did include the lines " Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time. Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you" From cuurent account statements they owe me about £300+ on my current account in bank charges, i do not know what, if any, they owe me for me credit card. Email received from court on 24th/8 - "The case was referred to the Judge on 20/07/09 and is expected back within 6 weeks, the latest date being 31/08/09." and then the 25th/8 - " The case was referred as you provided evidence that your acknowledgment of service was submitted before judgment was entered and we are therefore asking directions from the Judge as to whether we can have permission to set the aside. My apologies that you were not informed of this at the time, once the judge has made their order a copy will be sent via post to the parties." and then another on 27th/8 - "Please find attached application forms to enable you to apply to have the Judgment set aside as per the District Judge's order made on 25th August 2009." BUT The judges order "No defence has been lodged or attempted to be lodged by Mrs (i am a mister thanks) xxx against whom judgement has been entered. If she still wishes to defend then she must make an application to set the judgement aside" It then says a party must apply under rule 23.10 within 7 days of service of this order" has given me 7 days from the 25th/8, given that i got it yesterday afternoon (it arrived in morning post but i sleep during day as iu work nights) - i must move quickly with this - i also cannot afford the £75 within the next few days, it will take me 2 weeks to get the money together, i also dont see why i should pay as it was THEIR mistake not mine but anyway...suggestions as to a defence, do i counterclaim, can i ask for more time for NW to fulfill their SAR correctly (or for me to send another one correctly, more expense)...i feel like giving up and letting them send me to prison a letter from BC dated 26th/8 says we confirm that we have requested a copy of the original agreement from our client and will forward this to you upon receipt." I have been sent by email form n244 - do i fill it in and send it back but without the money or wait a few weeks until i have the money ?

more out of curiosity really but does anyone know what the E182 offence code relates to. I know i got it for contravening an automatic level crossing and i do not wish to fight it, i was guilty and got let off with the 3pts and £60 fine but i cant find this E182 on the conviction codes and even the mighty google is clueless

letter fron NW arrived this morning saying my binder of info is at local branch and for me to collect with id etc...will be getting it in 2 days time per their instructions so lloks like i got it now, thanks sunnie

many thanks, letter sent, nice one

This is my letter, is this ok ?, i note your 2nd msg and will see what BC says and thx once again " YOUR CLIENT : Nationwide Building Society Account no: xxx Your ref: xxx Dear Sir/Madam, Unfortunately the court judgement has been granted in error as it was made after only 25 days and before I had entered a defence. I had entered an acknowledgement of service on the MCOL website, proof of that is included in this letter, and the court are aware of my acknowledgement and proof. I shall be asking the court for a setaside on these grounds and that I believe I have a reasonable defence in that Nationwide may owe me more than the judgement figure. Therefore will you agree to the setaside and inform me by return in writing ? I would also like to point out that your client is in breach of my Data Protection Act request and that I intend to make a related claim in respect of their breach and that you might like to contact your client in order to speed things along.

As soon as i recieved the judgement (after 25 days) i phoned court and was told to email a certain address with proof that i had acknowledged service, which i did, i waited, nothing, emailed them again, nothing, no reply, so gave them time to respond, nothing, so phoned them today and was told it had been sent to district judge who would look at it in the next 6 weeks and that it would be a good idea to send in my defence as i had already had well over my 28 days I have not contacted NW or bryan carter, who sent letter saying judgement in their clients favour and to pay in full

Thx, I assume i just write to the court asking for a setaside on the grounds that it was granted early. I was going to include copies of their 'no trace' letter and copies of my 2 data prot act letters and ask for time for nationwide to fulfill their data prot obligations but how do i word it correctly, can you suggest a written version for me to send to the court or shall i just use what i said above about not being able to enter a defence unless i know what i defending (counter-claiming) ? I have not applied to the court for the 6 weeks, the court woman, by phone, said the judge would be looking at it in the next 6 weeks. It would have been nice if the court had told me what was going on. thx once again

Part of my letter to Nationwide said " Please note that if there are any delays in providing me with my data disclosure then on the first occasion I shall apply to the court for an adjournment on the grounds that you are in breach of your statutory duties and if you continue then on the second occasion I will simply ask the court to order you to complete the data disclosure and also to pay my costs for that application. I shall also produce to the court “no trace” letters which other customers have also received and I am sure the court will be struck by the remarkable coincidence that when you sue your customers and they ask for data disclosures that you routinely send out no trace letters in order to provide obstacles to their legitimate data disclosure requests" I am guessing that this is what i should do (ie ask for an adjournement) and also add that the CCJ was made early (ie after 25 days and before i had a chance to file a defence during my 28 day period) ?

I have a feeling that this £2545 debt is for a credit card i had with a £2100 limit (which i used to live on whilst off work with sciatica) , i think any charges are probably the £12 ones and therefore think that the bit in carolanns defence about regular repayments does not apply to me as it is a credit card. Basically i need to word a 'defence' asking for more time so that i can see what charges have been applied, Nationwide have already sent a no trace letter to which i have replied stating that they used this address and account number to send me statements, my card, all dca paperwork and court paperwork and therefore reminding them of there data prot act obligations.They have now had 40 days. How can i defend unless i know what i am defending ? The CCJ that was made after only 25 days listed a repayment schedule of £50 per month however i have a letter from bryan carters crew stating unless FULL payment is made there will be further enforcement action. Thankyou very much for your time and welcome back

good luck, let us know what information you got, within reason of course, did u get copies of your cca for instance or just statements, laters

I phoned court and was told to get my defence in as soon as possible as it was going to a district judge in the next 6 weeks or so, nice of them to let me know and they should have had to courtesy to reply as much to my emails but hey ho. I have not received any reply to my 'no'trace' letter and thus so far nationwide have failed in their duties under the data prot to send me my info. They have now had 40 days since my original request for my information. How i can be expected to make a defence when i dont know what i am defending. Do i just ask the court for more time for nationwide to comply with my request ? Do I send them copies of the letters i sent ? Thanks

thx tinkerbell, I phoned court and was told to get my defence in as soon as possible as it was going to a district judge in the next 6 weeks or so, nice of them to let me know and they should have had to courtesy to reply as much to my emails but hey ho. I have not received any reply to my 'no'trace' letter and thus so far nationwide have failed in their duties under the data prot to send me my info. They have now had 40 days since my original request for my information. How i can be expected to make a defence when i dont know what i am defending. Do i just ask the court for more time for nationwide to comply with my request ? Do I send them copies of the letters i sent ? Thanks

emailed the court, twice and no reply. how long do i have to object and what should i do now ? i think i need a n244 form, is this correct thx in advance

and Daddy Bear said "and who's been hijacking MY thread"..seriously though, thanks and i wil make a donation soon, very helpful and insightful, will now tip some scales...ta