Help - Aggressive response from Northern Rock

[paulif]

yes and the hearing to decide about the set aside has been set for mid April

they applied for the set aside when the bailiffs were at the door so to speak

is that not clear in the letter?

[noomill060]

To be honest I lost the will to live about half way through.

 

Good luck for mid April, it only a few weeks away.

[N#1N#2]

PaulIf

 

Good luck sounds like a logical approach.

 

 

It might be useful to get as many name, claim number etc to support your argument

If its any help I can provide my deatils as part of some additional objective evidence that the NR are using this stratergy with many claimants.

[Janet-M]

Paulif

I have scanned through this thread as its so long but I see on a number of occassions you have been advised to contact a moderator and tried once ?.If anyone needs to contact a mod and they do not get a reply it may be for a number of reasons ,the main one being they have not been online.Please just PM another one, preferably one that is showing online (explaining you have not had a reply from ??)

 

I am now on my way out so I really don't have the time to read through this thread , sorry.I will ask another moderator to take a look at this thread as a matter of urgency in the mean time can you please make another post setting out exactly what stage you are at now and a brief outline of what has happened so far since you applied for judgement in default.

[zubo]

Thanks Karne, appreciate your promptness - I know we are all very busy

 

Z

[paulif]

thanks for that much appreciated

i am at work at the moment but when i get home i will deal with this

 

so do i just send NR and the court a letter saying i agree to the set aside?

if so do i also spell out why i am not happy with the "game" they are playing or do i leave that for another time?

[paulif]

LOL zuob beat me to it

 

really thanks for your reply

and for all the help this site gives

[N#1N#2]

PaulIF

 

I got the NR to send a letter which I signed details below

 

IN THE SOUTH SHIELDS COUNTY COURT Claim No.

 

 

BETWEEN:

 

MR

Claimant

 

AND

 

 

NORTHERN ROCK PLC

Defendant

 

 

 

 

CONSENT ORDER

 

 

 

 

Before District Judge

BY CONSENT of the parties it is ordered that :

1. The Default Judgment entered on 19 December 2006 be set aside forthwith;

1. 
   
2. The Defendant do file and serve the defence accompanying the Defendant’s application to set aside Judgment in Default filed on 5 January 2007 within 7 days from the date of this order;
   
   
3. There be no order as to costs.

 

 

Note Item 3 No costs

 

The person handling this is a Rebecca Evans at the NR her e mail address is rebecca.evans@northernrock.co.uk

 

I hope this helps

 

Plus they had to submit there defence within seven days, which then helps with the time thing?????

[paulif]

i must admit i find it very strange that i should not challenge the set aside

they have had ample opportunity to respond to the courts and only applied for the set aside when baillifs turned up at their offices.

 

They also have no intention of defending the set aside as they have not done so in any previous case. They are just trying to make life difficult for me.

 

Is it really the case that the court will definately give them the set aside?

[paulif]

also NR have taken a further 3 £30 charges totalling £90 since i filed the claim. On two fo these occasions there was actually money in my account to pay the direct debits they rejected.

What do i do about these? Can i add them to this claim or will i need to start a new claim once this one is over?

[N#1N#2]

Good question as i have had another 3 occasion were they have taken money of me, so I am not sure if i can add these to the schedule of charges when the courts as for directions for the case hearing.

 

Plus how do I add the £100 for submitting the AQ form.

 

Can I suggest that you look at the Allocation Questionaire thread i think by GlenUK as this will help you when you have to fill in the AQ form which is striaght forward but the new direction if the judge applies them might speed things up??????

[N#1N#2]

Duff information it should have been

 

New strategy for Allocation Questionaires by bankfodder

[zubo]

Good question as i have had another 3 occasion were they have taken money of me, so I am not sure if i can add these to the schedule of charges when the courts as for directions for the case hearing.

 

Plus how do I add the £100 for submitting the AQ form.

 

Can I suggest that you look at the Allocation Questionaire thread i think by GlenUK as this will help you when you have to fill in the AQ form which is striaght forward but the new direction if the judge applies them might speed things up??????

 

Guys

 

The AQ thread is by BankFodder - I have just submitted mine with the draft order for directions - a piece of genius - another judge has used it here

http://www.consumeractiongroup.co.uk/forum/cahoot/9970-jellybabe-cahoot-10.html#post655101

 

look at #192

 

the defense is dead if the judge adopts it.

 

As to additional charges and AQ fees - please refer to Karnevil for help, I think you can ask for additional costs to be awarded when you apply for judgement but Karne will help.

 

Z

[zubo]

Duff information it should have been

 

New strategy for Allocation Questionaires by bankfodder

 

is here

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html?highlight=allocation

 

Z

[paulif]

once again thanks for all your help guys

 

Here is my revised letter

I am writing in response to your letters dated 24 January 2007 and 26 January 2007 as well as your application to the courts to have the Judgment set aside.

Please note that your second letter was addressed to XXX XXXX XXXX rather than my actual address. Please could you ensure that all correspondence is sent to the correct address.

I am writing to let you know that I will agree to your application to have the Judgment by Default to be set aside. I am not happy about this but I am agreeing to the set aside because of your threats and intimidation. I also do not agree that you have a “real prospect of successfully defending the claim”. I do not believe that you have any intention of defending this claim in court as I am aware of several other cases where you have submitted a defense and then settled before the court hearing. However, if you do decide to defend this claim then will of course attend the court hearing to state to my claim.

I really hope you will begin to act reasonably and settle this claim now rather than waste any more of your, the court’s or my time.

 

Yours faithfully,

 

[zubo]

Paul

 

Good, very good cc the Court and send a letter explaining that you have agreed to the set aside but that you believe that...

 

now go here

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html?highlight=allocation

 

 

extract the section which normally goes into the AQ other information and enclose the suggested draft order - lets see if the judge uses his discretion and makes NR jump through the hoops.

 

wked

 

Z

[rscottw]

timeline

 

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:

[zubo]

timeline

 

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:

 

bloody hell...

 

well done mate

 

Z

[paulif]

me a bit jealous

but still i can always say that i sent bailiffs round to my bank one time

[N#1N#2]

PaulIf

 

If only the NR could see sense with our cliams that would be nice because ours are dragging on and costing more money.

 

will contact the courts today to find out if the judge has seen my AQ yet and what directions have been applied and what the time scales are.

 

I just wonder if there is a threshhold that they will pay early and those which they argue, as my claims is for £4200 ish

[paulif]

mine is for just over a grand

although it was somewhat less than that prior to the addition of interest and court costs.

 

Once they settle i will then be making various complaints to do with their outragous behaviour... cancelling my overdraft, not allowing me to use my debit card on money claim online and threatening me.

[N#1N#2]

Paulif

 

any news yet????

 

I am still waiting the courts to peruse the AQ's hopefully get some feedback tomorrow as they have had them a fortnight, so getting anxious to get the next step rolling

[paulif]

no news mate

still waiting

[paulif]

right the consent for set aside from NR bullies

and have sent it back signed

sigh................

[N#1N#2]

PaulIf

 

did you get the same letter as me were they will submit there defence within 7 days of the hearing??

 

when is the court date???

 

So next step is court agrees to set aside then issues AQ which you need to complete and returm

 

So you will get there eventually.

 

I will try and link a thread which I have read regards AQ and direction, but not sure 100% how to do this , but will try