Paul9803 vs Nationwide

[MilkTrayMan]

Hi Paul9803!

..When they do reply , do they have 14 or 28 days to sort out their defence ? Anyone know?

The following link will help U...

 

The defendant disputes all or part of my claim

[paul9803]

Thanks MTM . It all makes sense now .

[paul9803]

Hi all , My 14 days for acknowledgement of service is up today . So , do i give them a few days ( because of weekend/bankholiday ) or should i ring the court and see whats going on ( on tuesday ) or should i do nothing and see what happens ?

I've read a few threads that say don't push the judgement button too soon in case the case gets "stayed" . Any ideas ?

[julien35]

Hiya Paul..

 

You are on the exact same timescale as me.. deem served on 13th have til today to defend.. I have had no acknowledgement of service either only the notice of issue.. I was told by the court last week that because of the bank holiday and the fact that the court is closed on tuesday that the deadline is wednesday.. they also said that I should leave it til the end of the week and if I hadnt heard anything to ring them or call in and they will enter judgement..

 

Julie

[Michael Browne]

If due date falls on weekend/bank holiday they have till the next working day + I think courts are closed Tuesday for Queens birthday, so looks like they have till Wednesday at least

[paul9803]

Hi julien 35 , thanks , do you think its a good or bad thing that they haven't replyed ?

[paul9803]

Thanks MB that matches with what julien35 has written . Cheers

[julien35]

Hi Paul..

 

I dont know what to think to be honest.. keep reading other threads that people on similar timescales have had theirs defended.. maybe ours will be defended by Wednesday.. I know Livelylad told me on another post that most likely they will defend last minute.. I guess only time will tell ..

 

I will keep you updated on mine as we are in same position

 

Julie

[whiskas]

Hi guys, am in the same position as you. 28 days runs out tomorrow..have rung the court who said it will be tuesday at midnight it runs out due to the bank holiday and if haven't heard anything by wednesday lunchtime to ring them and they will enter judgement.

Getting very worried.......................

[paul9803]

Hi all , 14 days were up on 27th , gave them until today (30th) still nothing so i rang the mcol , and they said 14 days are up nothing received do you want to proceed with jugement . I was unsure what to do so i thought i would check with you lot first . HELP please. :confused:

[paul9803]

Just thought , should i have rang the court direct instead of MCOL.?????

[thelegend]

Hi all , 14 days were up on 27th , gave them until today (30th) still nothing so i rang the mcol , and they said 14 days are up nothing received do you want to proceed with jugement . I was unsure what to do so i thought i would check with you lot first . HELP please. :confused:

 

You were right to ring MCOL.

I would say proceed with a judgement. You have done everything possible and given them a couple of days grace.

You can either start a judgement online at the MCOL website or phone them its up to you.

Anyone else any other thoughts?

[MilkTrayMan]

...Anyone else any other thoughts?

Write to Nationwide's solicitor giving them a FINAL further 7 days to Settle your Claim in FULL or else U will File for Judgement by Default.

 

Keep an eye on your Flexaccount balance after U have sent this letter.

If Nationwide don't pay up before the 7 days are up, proceed with your litigation.

If they do Settle, inform the Court that they have.

 

Methinks though, that before the next 7 days are up, Nationwide will have chosen to put in a Defence to the Court (...It'll probably say...'Cos They've Paid in Full'?!!), and then it's a case of moving on to the next stage re: Allocation Questionaires etc etc...

[paul9803]

Thanks MTM , but what will i gane from that , if i file judgement now do they not have to pay up straight away . Does that make sense?

[MilkTrayMan]

Judges have sometimes let 'late' Defences stand cos they prefer that cases win or lose on their own merits.

A rush to File for a Judgement by Default creates a situation where Nationwide could/would ask the Court for a 'Set Aside' of the Judgement by Default and that would just delay your Claim even longer than the 7 days that U would be allowing Nationwide.

By allowing Nationwide the further 7 days, U are effectively 'stealing their thunder'.

[paul9803]

Right then , just done some reading and , like MTM says , i shall give them another 7 days to pay up or file defence --- because - by filing judgement it could prolong the whole thing . Thanks MTM,

 

Should i write a letter or e-mail as some others have ??

whichever way could someone give me an address and or e-mail address to send to please .Thanks,Paul :eek:

[paul9803]

Thanks MTM , you posted whilst i was writing mine .lol

[MilkTrayMan]

Just send it to Nationwide's Registered Address if U don't know who their solicitors are, who will be dealing with your Claim.

Or...

U could just wait a few days more!

It may well be down to a delay due to tardiness by the Court in letting U know??!

[paul9803]

ok thanks MTM

[paul9803]

On secand thoughts , i'm going to send my letter to solicitors - I think it must be Eversheds??? Anyone got an address and telephone num for it please ?. :confused:

[MilkTrayMan]

...i'm going to send my letter to solicitors - I think it must be Eversheds??? Anyone got an address and telephone num for it please ?. :confused:

It hasn't ALWAYS been Eversheds and it may not be in your case either!

[paul9803]

OH OK, didn't know/think of that so , registered address it is then . cheers MTM

[paul9803]

HI ALL , update . Sent nudge letter on 31st giving them a further 7 days to file a defence or pay up as the last paperwork i've had from court was notice of issue . Still waiting.......

[paul9803]

Getting a bit worried now , no news from Nationwide , might have to file judgement . Does anyone know how this will delay the claim ????

[paul9803]

7 Days after a wrote the nudge letter , have received a reply from Nationwide refusing to pay back any money . But,,, just checked with MCOL and they have put in a defence as of today .