Northern rock ask to set aside default judgement

[N#1N#2]

My Request for access were issued some weeks ago. the Northern rock responded within 30 days with statements, charges total £3500, which i have issued the claim letter from the libary with the excel spreadsheet.

TSB have not responded yet, getting anxious, but will wait another 10 days for the total 40 days to elapse.

Next step I understand a letter of compliant and copy the information officer??

Any standard letter format available for this??

Are the TSB always slow to react.

 

Any advice on the next steps

[caro]

Hi there and welcome. There is nothing to worry about. You will find a letter before action for non-compliance of the Data Protection Act in the Bank Templates Library.

 

As well as familiarising yourself with the FAQ's, start a thread in each of the forums for the banks you deal with so others claiming from the same bank can offer advice and support. Read some of the threads there, especially the successes, so you can see what is likely to happen with your own claims.

[N#1N#2]

I need some guidance.

1. Recieved statements from Bank
   
2. Issued charges letter
   
3. recieved first response from bank saying sorry and they will invetsigate
   
4. Today recieve another letter, long winded but will copy some items from it. All within the specified time

Extract from letter

'Northern rock refutes any suggestions that the charges applied to my account are either unlawful, unfair and represent a penalty. Small blub about terms and conditions?'

Next Reference to OFT report dated 5th april 2006, in which high levels of penalties were considered to be unfair. This pronouncement was in relation to default charges on credit card accounts and not service charges on current accounts as in this case. As an aside it is for the courts rather than the OFT to decide what is or is not unlawful'

You also make reference to a regime that is"unlawful at common law, statue and recent consumer regulations" without identifying the common law,statute or consumer regulations or indeed specific sections or regulations you seek to rely on.

They then state that the charges applied to my current account represent a core term of the contract i have with the northern Rock.

A little bit more about there terms and conditions.

The next bit a little more interesting

'With regards to the threat of court proceedings, northern rock plc looks forward to receiving your substantive response to the legal points rasied above, prior to the issue of any proceeedings. for the reasons set out above. Northern Rock plc does not consider that the letter recieved 2 november 2006 discloses any reasonable grounds to bring a claim against it, and nor if such a claim were issued that it would have any prospect of success.

In the event that proceedings are issued without your having provided a substantive response to the legal issues raised Northern rockl plc reserves the right to bring such failure to respond and the content of this letter to the attention of the court in relation to its costs.

 

I presume that all this is a frightening tactic and hoping that I retract my intentions.

 

Next Week I am due to issue a LBA to them .do I try and answer there questions or do I just go for it and issue the LBA then plan the CC papers

 

Any advice appreciated.

[cheddar]

This seems like pretty standard stufff, have a read around in the Northern Rock sectino and you'll probably see that they send this letter to everyone. Don't answer their questions simply send your LBA and crack on.

[N#1N#2]

thanks for the reply, will just bash on as planned.

 

Next target the TSB, Citicard, and the HFC.

 

Does anybody have the latest contact address for Citicard and HFC

[N#1N#2]

thanks for the response,will bash on as planned.

 

Targetting the TSB,citicard and HFC next

[N#1N#2]

Hi all

 

I need some advice?

 

Response from Northern rock on request for my money back asking for more information from me, Stalling tactic I guess.

 

So need to issue LBA but the opening line on this lter 'is that sorry that you have not resonded etc

 

Or do I go staright to the moneyclaim and start a claim or do i still issue the LBA but modify the opening paragraph about mention there response and the lack of a settlement??

[breadline]

Hi Berry

Find Northen Rock under the "list of banks" linked below, make your self another thread, A V's thread in there as this is the Welcome section.

 

I notice you have many posts in teh Welcome section if you are finding problmes keeping track of your psost follow the tips below.

 

Good Luck

BL:)

If you are LOST in CAG

Click the Consumeractiongroup at the top left hand corner of this blue section on your screen.

This will show you a detailed Index of the forum.

 

Tracking your Claim Thread

Once you have located your bank and have made your thread, select thread tools at the top right of the thread, choose subscribe to thread, then select Yes.

 

To locate your Claim Threads

Just up from thread tools and to the left click Quick Links, this will offer subscribed threads. In here you will see your claims

[N#1N#2]

hi all

 

I have received a response from the Northern rock after I had sent the LBA letter.

It is too late anyway as it outside the 14 days as i have already started my moneyclaim.

 

however what they say is i do not have a leg to stand on????

 

See what you think

in summary

1. Charges on current accounts are charges for services and are not DEFAULT charges or put it another way charges that arise due to breach of contract.
   
2. in law for a clause to be deemed a penalty clause it has to operate due to a breach of contract
   
3. the essence of a current account contract is the provision of current account services by a provider to the current account holder
   
4. the charges made by the current account provider for those services go directly to the adequacy of the bargain between the current account holder and the currrent account provider and as such are a core term of the contract and
   
5. Northern rock plc's current account charges are clearly and unambiguously stated at the outset and prior to the conclusion of the agreement between the customer and Northern Rock plc.
   
6. The combined effects of points 1-5 above is that the current account charges are entirely lawful they are not 'unlawful penalty' and nor are they unfair or unenforeable.

you again make reference to the regime of fees applied to your account being 'unlawful at the common law,statute and recent consumer regulations' without identifying the common law,statute or consumer regulation or indeed the specific or regulations you seek to rely on.

 

They then go on a bit about looking for to my response to the above law,statute and regulations????:idea:

 

But in the event that proceedings are isued without your having provided a substantive response to the legal issues raised, Northern Rock plc reserves the right to bring such failure to respond and the content of these letters to the attention of the court in relation to its costs.

 

Are they trying to put me off??? Too late anyway:p

 

Any help would be appreciated although I have already started the moneyclaim on line, they have initially until the 17th december to respond

 

many thanks

 

BJB

[anon1]

I have a feeling that MCOL is next to sue them in the courts for your money. Remember the fist two letters are making sure you give them ample time to respond. When you sue them you will be giving case law and it is for the courts to decide who is right which is errrrrmmm YOU

Good Luck

Just re read what you wrote so as you are already suing them so keep going

[N#1N#2]

hi all

 

I have received a response from the Northern rock after I had sent the LBA letter.

It is too late anyway as it outside the 14 days as i have already started my moneyclaim.

 

however what they say is i do not have a leg to stand on????

 

See what you think

in summary

1. Charges on current accounts are charges for services and are not DEFAULT charges or put it another way charges that arise due to breach of contract.
   
2. in law for a clause to be deemed a penalty clause it has to operate due to a breach of contract
   
3. the essence of a current account contract is the provision of current account services by a provider to the current account holder
   
4. the charges made by the current account provider for those services go directly to the adequacy of the bargain between the current account holder and the currrent account provider and as such are a core term of the contract and
   
5. Northern rock plc's current account charges are clearly and unambiguously stated at the outset and prior to the conclusion of the agreement between the customer and Northern Rock plc.
   
6. The combined effects of points 1-5 above is that the current account charges are entirely lawful they are not 'unlawful penalty' and nor are they unfair or unenforeable.

you again make reference to the regime of fees applied to your account being 'unlawful at the common law,statute and recent consumer regulations' without identifying the common law,statute or consumer regulation or indeed the specific or regulations you seek to rely on.

 

They then go on a bit about looking for to my response to the above law,statute and regulations????:idea:

 

But in the event that proceedings are isued without your having provided a substantive response to the legal issues raised, Northern Rock plc reserves the right to bring such failure to respond and the content of these letters to the attention of the court in relation to its costs.

 

Are they trying to put me off??? Too late anyway:p

 

Any help would be appreciated although I have already started the moneyclaim on line, they have initially until the 17th december to respond

 

many thanks

 

BJB

[alanfromderby]

Just hot air!!

 

Their charges are penalties whatever they say, and however they try to disguise them.

[Rooster-UK]

Hi BJ.

 

That letter is a standard response, churned out by computer.

It is designed and worded to try to intimidate you into dropping your claim.

Just stick to your own timetable and provided you follow, faithfully, the well-tried and tested procedures suggested on this site, YOU WILL WIN.

 

Good luck with your claim.

 

Regards, Rooster.

[N#1N#2]

Dear all

 

i need some help.

 

I followed all the steps and used the correct documents, filled in the money on line details, waited no response from the northern rock, after 14 days filled in the request to win my cliam by default. this all happened back on 19th December.

the court issued the 'award by deafult letter' to me and the northern rock.

 

I heard nothing, i thought it was just christmas, so i rang them up for my money, nicely of course.

Today I receive a letter from the Northern rock with a copy of an application Notice, in respect of an application to set aside judgement in default pursuant to part 13.3(a)(1)

 

apparently the court paperwork got lost in there system???

 

They want to defend they state' the defendant has a real prospect of sucessfully defending the claim'

 

They want a telephone conference??

 

Can they do this and what are my next steps.

[N#1N#2]

Hello

 

Recieved my new court date this morning 12 th Feb.

Northern rock PLC have asked the court to set aside there original default judgment, they feel they can defend my origianal argument??

 

Northern rock have files there defence papers but the court have not asked myself for any further information i.e court bundle, do i still prepare this in readiness??

 

will they actually defend??

 

Any advice

[noomill060]

Any word from NR or the courts?

[N#1N#2]

No nothing at all I have rang the courts twice this week, wednesday and yesterday.

Yesterday they could not find my file so i have to ring back monday.

 

So the saga drags on and on.

 

but the NR will not respond until the court instructs them too. But they did declare that they would submit there defence within seven days of the instruction by the court.

 

so will wait and see

[N#1N#2]

Recieved my AQ form the courts yesterday to be submitted by 12/3/07, will be reading up directions etc

[N#1N#2]

AQ complete and going in the post tonight.

 

Hope the judge follows the draft directions, I have started on the next phase so all my documents are ready and prepared when i here form the court next

[arkanara]

Hi there,

 

A friend of mine is also at the same stage as you with the NR - They also did not respond to any of the court documents he sent, there reason, they were lost in the system!

 

They have also applied to have judgement set aside, and have had the cheek to ask my friend to consent to the set aside without a hearing!

 

The date of hearing is not until 2nd May though so he has a pretty long wait.

 

Good luck..keep us informed!

[caro]

arkanara, can you link me to a thread for your friend as I have an idea to speed things up which may or may not work.

[arkanara]

Hi Caro,

 

He is not a member of the site, he has no computer access which is why I am helping him. It is my brother in law so I dont mind too much. I have started a thread in the A&L forum as I did not realise these threads were her until later.

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/73680-application-set-aside-judgement.html

[N#1N#2]

All

 

My AQ had to be last monday, used the new directions to support the AQ.

spoke to the courts on friday they expect to present the AQ to the judge today so hopefully by the end of the week i might here something and see if the judge has followed the new directions.

the Cheque has been cashed today. so need to add that to the final bill.

[rscottw]

timeline northern rock

 

22nd dec 06 sar request

 

1st jan 07 letter 1 sent requesting 836.00 back

 

8th jan 07 looking in to it letter

 

11th jan 07 nasty reply one charges are legal so tough

 

20th jan 07 letter 2

 

31st jan telling me letter forwarded to legal dept

 

02nd feb 07 letter 3 before action

 

6th feb 07 nasty reply two

 

15th feb 07 issued moneyclaim online

 

16th feb acknowledged by northern rock

 

 

then nothing until this morning cheque thru post for £1016 with a covering letter spitting there dummy out (notwithstanding your abject failure to adress the legal issues raised in the previous letters,for reasons of commercial expediancy and without any admissions of guilt blah blah full settlement chq enclosed 1016.5)

 

 

many thanks for all the advice and dont buckle keep going till the end:-) :-) :cool:

[noomill060]

Northern Rock's Address

 

Your address

 

Date

 

A/c no.

 

Dear Sir/Madam,

 

Notwithstanding my abject failure to address the legal issues raised in the previous letters, I find it highly amusing that you EDIT rolled over and coughed up so easily.

 

I can only presume that you have realised that your EDIT has been rumbled and clearly havent the b@lls to attempt to face a judge.

 

Yours Sincerely,

 

 

 

rscottw

 

 

PS: Thanks for the return of my dosh and dont forget, I will always be delighted to humiliate you in court, should the opportunity arise in the future.