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NATIONWIDE IN COURT


disneyman
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mmmmm Love to know whats going through there minds!!! :roll:

 

"Bugger, that's one that's coming back to bite us in the arse" is my guess in the caption competition.

 

I'll be posting the bundle to you tomorrow, btw, special delivery.

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Just to let you all know of the latest and possibly the last entry which I make on this subject. I have today been negotiating with the Nationwide over this issue. They have offered to cancel the debt in its entirety and pay us £670 to keep this out of court. The down side? a gagging order basically a confidentiality clause within a contract which we would have to sign to cancel the debt and get the funds. We argued that we also require any entries on our credit files be cleared/removed and £5000 to keep this issue confidential. They stated that they would take reasonable steps to achive the removal of the entries on our credit files, I stated that reasonable was not good enough and I wanted an assurance in writing that this would be done. They refused to give it to me in writing. They also refused our £5000 gagging charge.

 

My response?

 

We'll see you in court.

 

Therefore if the right deal comes along tommorow prior to going into court, which may or may not involve a confidentiality clause, I may not be able to post any more messages on this issue.

 

Don't worry though I will still be around - this is just the first of many targets.

 

Just in case though many thanks for the support you have all given me over this issue and I will be giving it my best shot tommorow in court.

 

Bankfoder - Your the Man!!!! (even though I may well be cursing you tommorow!!!!).

 

Bookworm - Again thanks for you assistance, I will try and put all your documents to good use!!! :shock:

 

Cheers

smudge

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Smudge,.....I suspect you are leading the way for many of us in our campaign.....I wish you all the very best..........

Thats 4 in the BAG!!!!

(£509.60amex..£396.31 Halifax credit card....£768.47+£783.99 Halifax current account)

so crooked they use a corkscrew for a ruler!(allegedly)

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Just picked up on this thread - it really is a groundbreaking one, and I really wish you all the best. This could well be the turning point for everyone here...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I hope everything goes really well for you smudge!!

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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Good luck Smudge... you really deserve it we will all be thinking of you today! :wink:

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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Good Luck!

 

I'm on the edge of my seat here waiting to hear what happens!

 

I do hope he at least comes back and tells us, like "We've settled out of court, I'm subject to a confidentiality agreement so can't tell you the specifics but I am very pleased" sort of thing.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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I agree...I am on tenterhooks here...and I don't even know what time the case is.

 

For his own benefit I hope they settle out of court. I understand that there will likely be a gagging clause, especially if they 'pay' for one, but this would only apply to smudge...

 

If BF is there with him, I doubt the gagging clause would apply to him. Whilst the specific details cannot be disclosed, the processes and excuses certainly could be...in the public interest of course...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks to you all for your support.

 

We have WON. Nationwide's solicitor contacted us this morning and informed us that we either accepted an order whereby they would cancel the debt in its entirity (some £2495.58) and pay us £678.89 which amounts to £3173.47 in total, or they would drop the case against us (which in effect would mean that we would have to take Nationwide to court ((in effect start at square one)).

 

We have accepted the offer and accepted the £678.89 and the cancellation of the debt. There is no Gagging clause associated with this order as they wern't prepared to pay the £5000 for it. Our reasons for accepting the offer was that the offer is in the right ball park for the charges which they have lodged against us and taking the Nationwide to court would almost certainly have resulted in the same offer being made at the end of the matter.

 

Nationwide have closed the account (which to be honest we are quite chuffed about as we have been asking for that since Jun last year).

 

The judge at the hearing was somewhat confused over this matter and couldn't understand how we had achived to get Nationwide to pay us money when we went in we owed them money!!!!! :lol:

 

My advice to anyone in a similar situation would be to challenge everything which creditors are chasing you for.

 

This battle is WON - NOW LETS WIN THE WAR!!! :twisted:

 

Disneyman (formally known as S-----)

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The judge at the hearing was somewhat confused over this matter and couldn't understand how we had achived to get Nationwide to pay us money when we went in we owed them money!!!!!

 

Cool - congratulations. The judge would find it easier to understand this if he/she considered why NW were so scared of the case being heard...and it is the things that WEREN'T said that swung it...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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WHHOOOHOOO!

 

Good result. I'm a little disappointed that it didn't go to a full hearing, but as you say, you'd have kinda been a bit silly not to accept it.

 

Congratulations, make sure you get BAG a book voucher! :)

 

Enjoy the money and I hope you feel better for not having the stress and worry of this all hanging over you.

 

Well done.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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