Thanks dpick. I think my argument is 'NW should have defended the action before the deadline, didn't, so I win, end of!' ? Plus maybe a bit of history like at the beginning of this thread? Please someone let me know if I have got the wrong end of the stick

Well I've read Part 13 of the Civil Procedure Rules and I think I can make some sense of them. The hearing is at 11:30 on Monday. Any tips anyone before then please? Should I wear a suit, smart casual, rags?! I'm a 50 year old bloke by the way.

Thanks MTM I'd better get myself ready for court then!

Thanks Ben Unfortunately the Nationwide have applied to set aside the judgement before I had a chance to raise the £55. The case has also been transferred to my local court now and a hearing is set for 12th November to hear the defendant's application for Set Aside Judgement. There is a witness statement of Leon Hughes (of Eversheds LLP) attached to the papers which basically says that the charges were applied in accordance with the agreed terms and conditions. Is it to my advantage to attend the hearing I presume Nationwide will have to do all the talking. Any help would be greatly appreciated!

First a bit of history: Prelim letter sent 5th May 2007; LBA sent 24th May 2007; MCOL claim issued 28th June 2007; Acknowledgement of service filed 3rd July 2007; Letter dated 27th July received from Nationwide "... Nationwide has now become involved in legal proceedings with the Office of Fair Trading...it is our intention to apply to the Court for an order to stay your action..."; No order received so judgement entered 18th September 2007; Nationwide apply against judgement on 4th October 2007 but send wrong fee so not processed! Do I now go ahead and press the 'Warrant Start' button and send the bailiffs in? The lady from MCOL says that Nationwide will probably reapply (or whatever it is) to have the judgement lifted (or stayed?) and it can take up to a month for bailiffs to be instructed, so they could still stop my action even if they get their application in a month from now. Also I would have to pay the £55 fee at this point which would be hard to find right now! Has anyone else had a similar situation? Any help or advice would be appreciated!

Well done nines, I knew you'd make it!

Just thought I'd post an update. Thank you all for your support and I hope my case has helped others a bit. I have not received any more from Nationwide, you may remember after receiving just over £1,200 I was £56 short. The figures have been explained to me by letter and the upshot is as follows: Charges: Claimed £542.50; Received £432.50; Difference £-110.00* Interest: Claimed £297.80; Received £376.52; Difference £ +78.72 That gives a net £31.28 shortfall and with the Section 69 interest at 8% another £25 or so. *When I wrote my preliminary letter £110 of the charges were within the six year limit but upon payment they were not! One to watch out for eh? The case has now been transferred to my local court but I am going to tell them that Nationwide have settled in full and stop proceedings. Anyway I will get the rest back when we can be sure of success going back further than six years - I await a successful Nationwide case. Now I'm starting on my joint account with NW, a smaller claim but better in my pocket than theirs! I'll start a new thread for that one after I've done the prelim. Therefore I am calling this case a SUCCESS and *** WON *** and contacting a mod. God bless, Pitters

Nice one Ozz. Well done, very pleased for you mate. :D

ltrenell, I had mine in the afternoon both times but I can't be very specific. My first amount was between 11am and 4pm and I didn't notice my second one until after 5pm!

Hi Su. I've kept my statements too and am going to go back before 6 years ago with Nationwide. I will follow your thread with interest!

I have just been repaid by Nationwide for the last six years charges. I have older statements and am ready to go back further. I am wondering whether my next prelim and LBA letters should be different from the first. Should I wait and use the new templates if they are soon to be amended?

No worries Nick! I've received my letter of explanation today. I am short basically because by the time they paid, five charges totalling £110 were outside the 6 year period. That doesn't equal the £56 because they have paid more interest than I expected. I'm going to study the figures more closely but I'm still considering going back before six years.

Hi Nick I've received my letter of explanation today. I am short basically because by the time they paid, five charges totalling £110 were outside the 6 year period. That doesn't equal the £56 because they have paid more interest than I expected. I'm going to study the figures more closely but I'm considering going back before six years now. I should put this on my thread too but I can't copy and paste! Cheers!

Congratulations BRIOT, nines and carbonsa. Excellent news, really pleased for you guys.

Hi Guys! Reading your thread with interest. Don't worry about court bundles, just sit and wait for the money to come in! It probably won't be on day 28 or 29 but soon after that. As regards claiming back before six years ago I am considering it. Has anybody else tried it with Nationwide yet? I am a bit sad and have kept a lot of my statements. From looking at those it seems that they only started these unfair charges from about July 1992. I was charged £837.50 from then up to October 2000, so worth claiming, especially after adding the 8% interest!