Hi, new-ish. Young V Nationwide

[ALG]

Date of service is date it was deemed served, so 28 days from then,

The acknowledgement you received is standard procedure so don't worry about that. It gives them a bit longer before you can file for judgement if it is not sorted.

 

Hi Dolly

I have recieved this message as an email although it is for Bev77. To be honest I have recieved quite a few. I know Bev recieves them as well but how can I stop them from coming to me?

[dolly]

Have you subscribed to the thread and set up email notifications? If so, that's why. You can edit the options in your User CP panel.

[Bev77]

So the 3rd September will be the end of the 28 days.

 

I still have heard nothing back from Mr bacon re refunding the rest of the charges.

 

Although in this mornings post I received the notice of closure of account on 11 September.

 

So what do I do now? I have my new account set up, although haven't transferred DD across as yet, was hoping that they wouldn't close, or that I would be able to fight the closure, but that seems like a long drawn out process as per Tobes' thread.

 

I guess get all the DD transferred over, and wait till 3rd September when I'll be able to file judgement by default?

 

I hope I'm doing things right, hope someone can clarify for me?

Dolly are you there? LOL

 

Bev

[dolly]

Bev, it seems that Nationwide are doing this a lot at the moment - peoples claims are falling short of what they actually are but yet Nationwide are not providing the details explaining why.

 

Get the DD's transferred and everything like that and I would also ring Moneyclaim, explain the situation, that part payment has been received and see what they advise to do if they haven't paid in full by 3rd September.

[Bev77]

Thanks Dolly,

 

I actually spent the morning transfering all incoming AND outgoing money into my new account, so at least that's all sorted now.

 

I will ring Moneyclaim at some point in the morning now and see what they suggest.

 

Thanks again.

 

Will post to let you know what they say.

[Bev77]

I've spoke to Moneyclaim this morning, the lady was very nice and very helpful.

 

She suggested writing to them to say 'thanks for the payment, but I still require the rest' sort of thing. I've emailed along those lines to Charles Bacon, but have received nothing at all back. I may now write and send it via normal post as well.

 

She suggested giving them a set date by which to respond, and if they don't respond by that date, then I am within my rights to file judgement. As the 28 days runs out on 3rd Setptember, she suggested a date of around the 11th September, which co-incidentally is the date they are closing my account!

 

She said that when you file judgement there is an option to put that they have paid XX amount before court date.

 

So at least now I have a plan of action!

 

I knew it'd be just my luck that it wouldn't go nice and smoothly!

[dolly]

Well thanks for that Bev as I never knew what they did when only part payment was made.

 

And it must be an omen as 11th September is my birthday as well!

[Bev77]

Right still not heard anything from Nationwide re the remainder of what they owe, so will be sending this gentle reminder in the morning.

 

Thank you for the payments refunded to my account so far, but as this figure is considerably different to mine, I will not be advising the court that this matter is settled until I am satisfied that I have got back all the unlawful charges. I will also be expecting the return of any further charges and interest that may have been taken from my account since the start of this claim, plus the daily interest rate, which equates to £0.16.

I look forward to receiving the full amount still outstanding plus any amounts mentioned above, by 11 September 2006, otherwise I will have no choice but to file for judgement upon you.

Please could you send me a full breakdown of the charges that you have refunded, so that I may check these with my own figures.

 

Can anyone please advise me if this is ok to send? Does it read ok? I'm not very good at putting things in writing, I get all muddled up! LOL

 

Thanks in advance

[dolly]

Reads great

[HKS]

That is perfect and as I am having the same problems I will use that!!

[Bev77]

Cheers once again, Dolly!

 

I'm glad I've helped someone else HKS!

[Bev77]

I've just had a thought....

 

They are closing my account on the 11th September(monday), so if they do decide to pay up at the 11th hour, say deposit the money on the sunday, or first thing monday morning, my account will then be closed and I won't be able to access the money.

 

Would I be better off giving them till the 9th September which is the friday before, and still 5 working days from the end of the acknowledgement of service? (it ends on sunday 3rd)

[HKS]

I would give them until 9th. They have had long enough to put it back into your account anyway. I really hope they pay up for you.

[Bev77]

Thanks HKS,

 

Fingers crossed we both get the remainder owed to us!

[dolly]

If they close your account and the money has gone in anyway and you can't access it, they will send you a cheque. They did that with me after they decided to restrict my account to no withdrawals 4 days before they said they would close it.

[adthemadlad]

Bev i'm gonna save your letter it looks very effective. Where do think i should go from where i am? Shall i just write straight to Nationwide saying i'm not happy with the offer?

[Bev77]

As we're at the same stage, I wouldn't like to say ad. But I've sent the letter today, and hopefuly I'll get a reply, or if not, at the very latest 8/9th Sepember have the rest of the money into my account. Otherwise, if I'm right about this, I'd be within my rights to send the bailiffs round! Ooh - can't wait!

 

It may be a basic point, but just to mention to remember to change the details to suit. The date I've given them is 5 working days after the acknowledgement of service ends. Also your daily interest rate will be different to mine. - Sorry again if this seems basic, but we don't want you mucking it up at this stage, do we?

[Paul65]

hey good luck, i'll be using your letter too. my summary cause claim(being in scotland) is for £940 ish i expect all of it, if not then off goes your letter.

 

BTW Dolly my wifes birthday is the 11th as well

[Bev77]

And it's mine on the 13th, so it'll be a nice present for me if/when it comes in before then!

 

[Bev77]

Ok, what now?

 

Today i've received a 'Notice of Defence that Amount Claimed Has Been Paid'.

 

I've looked online at the MCOL site and it says that it can't proceed any further online and has been transferred to the court.

 

On this form, it says that if i disagree with the defendant and wish to proceed with my claim the court will contact me and tell me what to do next.

 

It has a N9B form attached (Defence & Counterclaim).

 

Section 1 says: How much of the claim do you dispute?

They have ticked the 'i dispute the full amount claimed' box.

 

Section 2 says: Do you dispute this claim because you have already paid it?

They have ticked yes, I paid £709.90 to the claimant on 07 Aug 2006.

 

Section 3 says: Defence:

They have put - The defendant has refunded all charges debited to the Claimants account since 1 agust 2000 that had not previously been refunded. No further sums are due from the defendant to the claimant.

 

 

I know that I have added the charges up correctly, and have the statements to prove it. I know that they have only ever refunded 1 charge and I took this off the total claim, but according to my calculations they are still £169.51 off what it should be.

 

Do i tick the I disagree box, and wait to hear back from the court? I think I'm the first this has happened to, aren't I? I don't recall anyone else having this problem.

 

Help, please!

 

Bev

[Paul65]

simple thing here is, have they paid what you claimed, if not then dispute the amounts.

[Bev77]

Hi Paul,

 

They haven't paid what I've claimed, but said that was all they were going to pay, after investigating it.

 

I'm terrified of it reaching court. I know none of the banks have gone to court yet, but knowing my luck I'd be just the one!

 

So I'm going to tick the 'I wish to proceed box' and see what happens next.

 

Thanks for your reply.

[Bev77]

How can I file for judgement now?

 

On MCOL it says 'You are unable to take any further action online on this claim. The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.'

 

I've sent back the N236(Notice of Defence that amount claimed has been paid) form to the court and to Mr Bacon's office. So I guess I can't file for judgement now, I just have to wait to see what the court comes back with? And seeing as the date they have given me to return the forms is 2nd October, I guess I have to wait until then to hear back from them?

 

Anyone have any ideas on this?

 

PS. On the N236 form it still says Northampton County Court, I assume it's not been transferred to that one, as that's the one it was from originally? Well, that's what all the previous paperwork had on it.

[barracad]

You can't obtain a judgement if they are claiming the claim has been settled - you need to dispute the fact that they have paid by sending back the relevant form - there is no further action you can take online.

[Bev77]

Thanks Barracad,

 

I guess I just wait to hear from the court then.

 

Bev