thehomee vs Northern Rock ERC *WITHDRAWN*

[N#1N#2]

Thehomee

 

I have responded to your questions in another thread, did this help??

 

I am acknowleging th bank today to set aside the default judgement, and they will file on monday and they have seven days to submit there defence.

 

I have not found the link to the thread about holding back another seven days after the default judgement date has exceeded but will check today for you

[thehomee]

Hi. Yes it was very helpful thanks. But now there is a thread started by Zootscoot saying that anyone claiming ERC should withdraw now! So, I don't know what to do - I wouldn't know how to withdraw anyway.

[zootscoot]

Hi Homee,

 

It may be worth clciking on judgment by default now. If they request it be set aside then use this as a negotiating tool to reach a settlement.

 

Is this a small claim?

[thehomee]

Hi - thanks for the advice zootscoot. When you say 'reach a settlement' do you mean a settlement where they pay me part of the erc or where I end up paying them some fees?

I think it's a small claim - it is under 5k and it is MCOL, so I had originally thought my only risk was the £125. I can't really afford to lose that, but it was worth the risk if I win. But if I end up having to pay hundreds or thousands in charges to them I am stuffed!!

Cheers, thehomee

[N#1N#2]

thehomee

 

In my opionion there are no further costs which you are liable for.

But this is my opionion.

 

the set aside costs, are the NR's as they have requested this and any additional costs should also be there's as they then have to provide the evidence to substantaite there claim that they can defend ??

 

The only thing will be time??

 

my understanding is

1. the NR ask for set aside
   
2. granted or agreed with by you
   
3. hearing to outline the defence and your cliam,
   
4. hopefully judgement.

[N#1N#2]

trying to create link

 

Glenn Vs Abbey

[thehomee]

Ok, thanks again BJBerry. I just still have no idea wether to go for judgement by default or not. How's yours going anyway?

[thehomee]

OK, thanks I'll give it a go...

[N#1N#2]

thehomee

 

Any news from the bank/court yet

[thehomee]

The bank never replied/acknowledged or defended, but I have cancelled the claim.

[zootscoot]

Hi Homee

 

Did you negotiate out of costs before withdrawing?

[thehomee]

Well, NR had never contacted me or the courts, whether to defend or even acknowledge the claim. The claim had not been allocated to any track as yet, so I asked MCOL how I could cancel it and they just told me to tell them the case number and they would mark the claim cancelled.

I can't see how NR could possibly try to claim costs when they didn't do anything. Surely if they tried to they would fail??

[stig1953]

Hi Homee,

Been following your thread very closely as you are a few days in front of me. I am slightly different in that NR have corresponded with me throughout and have acknowledged my claim . They have not yet filed a defence though.

I still believe that these claims have merit so I have asked NR if they would consider settling prior to filing a defence (or defaulting). Why did you decide not to negotiate with NR using their default as a bargaining tool? Up to date NR have never filed a defence against ERC claims (to my knowledge- I stand to be corrected). I would be grateful if could pm me with your thoughts.

Thanks

Stig

[thehomee]

Hi - I don't need to PM you; it's ok if everyone sees.

When I first came to this website it was because of bank charges and debt collectors and I needed advice.

However, on a lot of threads was the tagline that went something like this 'paid an erc - claim it back - I did!'. I realise that isn't exactly what it said, but I followed the link, then followed the advice, probably like lots of other people. I did this stupidly with blind faith.

Suddenly, shortly after I filed MCOL, there is a dire warning on this site to stop all ERC claims, with stories of people being charged hundreds or thousands of pounds in costs.

So I tried (check some of my previous posts) without success to get a definitive answer about what I should do. In the end I decided I could not risk the costs so I pulled out, having lost £125 in the process.

I am not blaming anyone in particular on this forum, but I have learned a valuable lesson that perhaps others on here should learn;

If you want genuine help with something and you ask for it - don't just listen to the bits you want to hear! (Like I did).

I am glad it's all over and hope that NR can't claim any costs from me for what has happened so far.

[doyin22]

Hi, I've been following your thread and others agianst NR, i'm ahead in that the filled acknowledged my claim and tried to get a part 18 request then my claim struck out as i refuses, however today i received a letter from the courts given me a hearing date of 23rd May and also refusing NR request for telephone conference. I'm now thinking about cancelling my case due to all the recent news but also think i may have a case as the judge has already sided in my favour.....

[thehomee]

Hi. I tried to get advice as to exactly what to do, but was still confused. Reading all the warnings made me come to the conclusion that there is a serious risk of exposure to thousands of pounds worth of costs. I personally cannot take that risk, so it seemed there were two choices; Pull out (which I did) or take expensive legal advice.

All you can do is whatever you feel comfortable with. Good luck - I know how you feel!