Nationwide.

[disneyman]

Has a date been set for when the court will hear this application? Is it the 6th April?

[Dave Johnson]

No Mate , 6th April was the date I had to return the allocation questionaire. The hearing date could be anything up to 4 months away.

I will let you all know

Cheers

Dave

[rivendale0506]

4 months??? Is that normal? IMO it will never get to that but good luck anyway Dave!

[Dave Johnson]

Section F, Hearing, on the Allocation Questionaire says "Are there any days within the next four months when you, an expert witness or a witness will not be able to attend court for the hearing"

Dave

[rivendale0506]

ahhh i see. Oh wel look forward to reading your update!

[Dave Johnson]

Letter from Bedford County Court.

 

Before DISTRICT JUDGE AYERS sitting at Bedford County Court, 29 Goldington Road, Bedford, Bedfordshire, MK41 3NN.

 

IT IS ORDERED THAT

 

1. Unless by 17 April 2006 the Defendant files a completed Allocation Questionnaire the defence and any counterclaim shall be struck out without furthur order.

 

 

 

Nice one Judge!

[dcefx]

Just out of curiosity - have you tried phoning Nationwide's Legal people; NOT to pester them about filing a claim but under the pretext of "keeping a dialogue open" - if you do so and are prepared to listen to their waffle for 20 mins you'll probably find they'll offer to settle more or less there and then.

[Dave Johnson]

Neither myself nor the defendant has pestered the other party. Nationwides legalese people have not tried phoning/writing to me, and dialogue is still open. A settlement will happen, either way,(LOL). I do not want a default judgement. I want an end to the illegal acts performed by the banks/financial institutions.

Cheers Mate,

Dave

QUOTE=dcefx]Just out of curiosity - have you tried phoning Nationwide's Legal people; NOT to pester them about filing a claim but under the pretext of "keeping a dialogue open" - if you do so and are prepared to listen to their waffle for 20 mins you'll probably find they'll offer to settle more or less there and then.

[dcefx]

erm, if they havn't rung you and you havn't rung them then nothing will happen.

 

Try it!

[lee6370]

dcefx I think you've missed the point Dave wants to go to court, if we can get Nationwide or any bank into court we can start to pressure them to reveal how they arrive at their £30.00 charge, we can demonstrate that it's a penalty.

 

I can understand where Dave is coming from I only wish nationwide had tried it on with me, but I fear they will cave in before Dave can get them into court.

[Dave Johnson]

Too true. But I think next week I will be in Court asking for a Default Judgement, followed by a Warrent of execution. Ref your post in the general section, Charles Bacon can't deny having any knowlege of my case as he signed the Acknowledgement of Service.

[dcefx]

lee - it won't happen and no small claims court would have the authority to force the disclosure of such information.

 

Personally if it's a choice between having to waste a day going to court, the applying for a warrent, serving it, following it up etc. or just making one phone call (to broker an OOC settlement) and still ending up with the exact same ammount but faster and without all the hassle i know which i would choose.....

[Dave Johnson]

Looks like it's YOU then.

 

Looks like it is.

Furthur to the order from the Judge, they have filed a correct AQ.

I went into the Court today, they are taking it to the final fence!

It is now down to the Judge to set a date, followed by me in Court.

Cheers,

Dave.

[lee6370]

Let us know the court and date, thats if you fancy some company.

[lee6370]

Re: your post on 24th March. Is that Nationwides defence?

[Dave Johnson]

Re: your post on 24th March. Is that Nationwides defence?

 

Yes mate,

so far.

I'm sure it will get a lot more fun when I have to do a statement of case, and the bad guys have to do the same.

Especially after the Honourable Judge has asked certain questions.

Media has been informed, so I have to do it correctly.

It's in Bedford, the date should come by a week on Friday.

Cheers,

Dave

[lee6370]

They must have more to their defence, I can't believe they are going to fight you on those grounds.

 

Should be very interesting, what odds are you giving that they pull out due to some technicality at the 11th hour.

[lee6370]

"lee - it won't happen and no small claims court would have the authority to force the disclosure of such information."

 

I thought this was true as well, but read this thread.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4268

[mcuth]

2. The Defendant's account is currently overdrawn in the sum of £341.12. The Defendant is entitled to set off any liability it may have to the Claimant against the Claimant's liability to repay the overdraft.

 

Interesting - just picking up on this part, Dave (as it's likely to affect me when I go after a few more accounts) - are they really entitled to offset illegally obtained monies against a debt?

 

Cheers

 

Michael

[Dave Johnson]

Hi Micheal,

When I started this claim I would have said yes, possibly they are entitled to credit my account with the total claim, which would leave me £489.28 in credit. As that has not happened, I am going argue my case and leave it to the discretion of the Judge. Will possibly saving themselves £341.12 entice the greedy bankers to turn up or just pay up ?

Dave

[mcuth]

Hi Dave

When I started this claim I would have said yes, possibly they are entitled to credit my account with the total claim, which would leave me £489.28 in credit. As that has not happened, I am going argue my case and leave it to the discretion of the Judge. Will possibly saving themselves £341.12 entice the greedy bankers to turn up or just pay up ?

 

They'll probably pay up anyway - but if it goes to a hearing, it'll be very interesting to see the results. It's a shame about that part of the defence really, I think if that wasn't there they wouldn't have the option.

 

Cheers

 

Michael

[Dave Johnson]

The hearing will take place at 11:00 on the 26 May 2006 at Bedford County Court.

[moxie]

The hearing will take place at 11:00 on the 26 May 2006 at Bedford County Court.

 

Dave

 

I'm off that day - do you want some moral support?

ps haven't put my claim in yet, saving the £80 needed for small claims court! Hopefully in the next couple of weeks.

[Dave Johnson]

Whenever you fancy a trip to the countryside(OK Bedford), you are more than welcome.

I hope MW, who is just down the road, will join the party,

AND all in the Beds area.

Beds on Sunday and Anglia news are on the case.

Better than a normal day out anyway.

Dave

[martinwhite]

Dave,

 

I'll be there. Friday is a shorter day than normal for me in any case so I can nip out and make up the time that afternoon.

 

Cheers,

 

M