Do I send the bailiffs in to Nationwide?!

[pitters]

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!

[Curlyben]

Do you really need to ask

 

Get those bad boys in NOW and tip of the papers as well :D

[pitters]

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!

[MilkTrayMan]

...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!

Of course it's in YOUR interests to attend!

Nationwide themselves may NOT turn up, relying on their written statement alone.

It is up to U to provide a reasoned argument to the District Judge, so that your Claim can proceed.

It is MUCH better if U can do that in person.

 

Apparently...(...+ this is only a rumour mind U) DJ's are humans too + appreciate the opportunity to show compassion for the 'lickle person' against the professional parasites.

 

The following link (...pre-OFT Test Case announcement) may give U some encouragement...

 

http://www.consumeractiongroup.co.uk/forum/nationwide/97774-disco_dolly-nationwide-help-court.html

[pitters]

Thanks MTM

 

I'd better get myself ready for court then!

[pitters]

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.

[dpick]

Hi I was at court 15th October for a stay removal hearing, most people who were not in the legal profession were smart casual, I think from my case it's more important to have your notes in the order you wish to present your argument. As a litigant in person I did find the DJ to be very understanding and even got a bit of advise on how to approach the rest of my case (will be able to use this on my other cases yet to pursue)

 

Just remember DJ are human like us.

 

all the best dpick:)

[pitters]

... I think from my case it's more important to have your notes in the order you wish to present your argument.

 

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