Jonathan B V Nationwide - Underpaid

[laxdale]

On the 24th Nov I claimed £1,263.18 from Nationwide using the Moneyclaim online service. On 29th November I received a total of £1,088.33.

I then received a letter from the courts entitled "Notice of Defence that Amount Claimed Has Been Paid" stating in section 1 that they "dispute the amount claimed as shown on the claim form" and in section 2, that they dispute the claim because they had already paid it. In section 2 it states that they "paid £1,088.33 on 29th Nov 06 (before the claim form was issued)".

In the "details" section they have written the following:
"Charges totalling £840.60 were refunded to the Claimant's account number XXXX/xxxxxxxxxx on 29th Nov 2006. The further sum of £120 in respect of the court fee of £120 and interest of £127.73 was also credited to Claimant's account on 29th Nov 06".

So I have 2 questions really,

Do I dispute it and proceed to try and get the remaining £174.85 refunded. In other words, is it worth the hassle?

Secondly, it states that they refunded the amount before my claim, however my claim was made on the 24th November and they refunded on the 29th which is obviously after my original claim. In other words, does this error make it more likely that I will receive the full amount?

I'm worried as the remaining amount isn't really that amount and I only have until the 6th January to complete my reply.

The options on the form are as follows:-

1) I wish to proceed with the claim
2) I do not wish to proceed with the claim
3) I have sent a copy of this completed form to the defendant

Eek! Dont know what to do! Any advice greatly appreciated.

Thanks,
Jonathan

[laxdale]

hi folks, please could someone let me know if it's worth carrying on with this or should I just throw in the towel for the sake of £170 quid. ??? (time is running out...)

[MilkTrayMan]

Hi laxdale!

Only U can decide if U want to let Nationwide keep £174.85 of YOUR money!

If all your calculations are correct why are U worrying???
Nationwide clearly haven't settled your Claim IN FULL.
Why would U want to not proceed?
They are just trying to pull a fast one to test your mettle.

If U go ahead with your claim they will lose and U will get ALL your money eventually.
Just follow all the well documented proceedures that other successful Claimants have followed!

Hope this re-assures U?!

[laxdale]

Brilliant. Just what I needed to hear, needed a 2nd opinion really, £174 is still £174, specially, as you say, WHEN IT IS MINE!!! I'll send off the paperwork on the 2nd and keep you posted. Thanks again !!

[Allyxia]

Yes go for it - in my experience this is the usuall fiar for nationwide - Im surprised though as they usually cough up full amount so they may have just made a calculating mistake thats all.

try phoning them directy to see what they say!!

I found nationwide pretty helpful in past to be honest!!!

[laxdale]

OK - here is the reply to the banks defence that they paid the claim before I issued my claim online, and that they have settled in full. Please dont tell me I have made some huge error as I need to post this first thing tomorrow morning for it to get to the court before the 6th - I will let you know how I get on, thanks for your help again. Cheers and happy new year to all of you!

Dear Sir,

Further to receipt of Form N9B in which the defendant states that they have paid £1,083.33 to the claim on 29th November 2006 (before the claim form was issued). I hereby provide evidence (copy of bank statement, account now closed by Nationwide) that proves that the payment was made after the original claim of 24th November 2006 and not before the claim form was issued, as the defendant has entered on claim form N9B.

Secondly, I enclose a full list of all charges that were applied to my account from 24th November 2000 that were not reversed including the full amount and date of each charge. I therefore believe that I am still due a further £174.85 as my total original claim including interest was for £1,263.18 and not the £1,083.33 that I received on 29th November 2006.

It is for the reasons listed above that I wish to proceed with the claim.

[laxdale]

Hi again,
Today I've received a Notice of Transfer of Proceedings and an allocation questionnaire (N149) but not sure what I should do next. Do I ask for a one-month "stay" and contact Mr Bacon to get the remainder paid or what other options are available ?

It all looks very heavy and I'm not sure if I should proceed or not because the remaining amount is only £170 odd pound.

Any thoughts or advise greatly appreciated.

Thanks,
Jonathan

[MilkTrayMan]

Hi laxdale!

Why would YOU want to ask for a "stay" to delay proceedings to give Nationwide more time to pay U in FULL what they owe U???
As the defendant, it is up to them to prove to the Court that they have indeed paid U ALL that U claimed!!!
Ask yourself how they could possibly substantiate this if they have paid U £170 odd short??!
They have NO defence!!!
There is NO need to contact Nationwide and allow them to get U in a tizzy.
U simply keep to your original Claim figures and proceed with your Claim by stating, if necessary, that Nationwide has still NOT paid your Claim in FULL!

Hope this re-assures U?!

[xipetotec46]

Originally Posted by laxdale

Brilliant. Just what I needed to hear, needed a 2nd opinion really, £174 is still £174, specially, as you say, WHEN IT IS MINE!!! I'll send off the paperwork on the 2nd and keep you posted. Thanks again !!

I am claiming only £60 it's not the money it's the principle and if it costs me more than the £60 to claim it back then so be it, we should all do something about RIP off Britain and not even think about Towel Throwing.
Barry
PS If you need advice get in touch.

[MilkTrayMan]

Originally Posted by xipetotec46

I am claiming only £60 it's not the money it's the principle and if it costs me more than the £60 to claim it back then so be it...

WHEN (...note NOT if) U win...Your Court Fees are repaid!!...

[xipetotec46]

Yes Gilly quite right I dont mean in court costs, I mean in time and expenses, I don't pay anyway I am on benefits.

[laxdale]

Thanks everyone, just one thing though, with regards filling in the form, I've had a look on here and the guides to filling in this form all assume you havent received any money and this isnt the case with me. Any ideas on how best to approach it. Should I send copies of the charges again?

[MilkTrayMan]

Hi laxdale!

Is there NOT a Partial Settlement Template Letter?
Could U NOT modify an existing Template Letter?

Have U read through the Threads of those that have faced this particular problem before Nationwide finally Settled in Full???

[laxdale]

OK, I've done an email and letter to Mr Bacon using various other people's replies etc, text below:-

Further to your defence dated 4th December 07 and my subsequent letter of reply dated 2nd January 07 in which I state that the settlement received of £1,083.33 on 29th November 06 is £174.85 less than my total original claim of £1,263.18 - I wish to respectfully inform you that I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.

In addition, please can you provide me with a complete list of charges with dates and amounts of each charge refunded so far so that I may check them against my own figures to identify where the difference is? I do intend to continue with my court case against Nationwide but would obviously rather resolve this issue sooner if possible – as I’m sure you would to.

Going to fill out the aq using the standard template as well.

Here we go again !!!

[MilkTrayMan]

Hi laxdale!

Ask the court for STANDARD DISCLOSURE from the Nationwide.
...So that they have chance to explain in open Court, their complete charging processes, in their defence of paying U less than what U Claimed for!...lol...

[laxdale]

Just to keep you updated... apparently the judge has made a decision but there is backlog in getting the things typed up. I know it was only another £170.00 or so but it was the principle and I am looking forward to knowing I got my money back in full.

Currently battling with Abbey who are making folks do a lot more work but hopefully and end will be in sight soon.

To all the kind folks that helped me with this earlier, thanks so much. Forums are the future, power to the people!!

[xipetotec46]

If you think Nationwide and Abbey are bad, you want to try claiming from NatWest and them other Rogues LLoyds TSB first started in Jan just gone into court last week with POC

[laxdale]

EEK!!! Just had a letter back from Central London county court that reads:-

"Before District Judge Hasan sitting at Central London county court, Civil Justice Centre, 13-14 Park Crescent, London, W1N 1HT.

Upon reading the court file and allocation questionnaires filed by the parties
And
Upon the Court's own initiative

IT IS ORDERED THAT

1) The case be transferred to the Mercantile Court at the Royal Court of Justice for the attention of his His honour Judge Mackie CBE QC

2) Take notice that this order having been made without notice, any party affected by it has the right to apply within 7 days after the service of the order to vary or set aside the order

Dated 18th April.
_________________

The letter is dated 30th April.

Now I am very worried that I've done my calculations wrong and that I shouldn't have been so stubborn chasing that last £175.00 of my claim. Guess I will have to go through my statements again tonight but I'm sure I checked it and checked it at least 4 times.

The other thing is I haven't heard about anyone being transferred to the Royal Court of Justice before. Please tell me I am not going to be "THE ONE"?

Does anyone have any experience of this happening at this stage, bearing in mind I have had the vast majority of my money back but was revved up enough to pursue for what I saw to be the remainder and am now worried I might end up paying it all back and more in court costs. Scary.

Is there anything I should be doing? I havent got a court date or anything but the CBE QC bit is enough to terrify me right now.

All info greatly appreciated.

Thanks,
Jonathan B

[laxdale]

can anyone offer any advice on the questions in my previous post?

Thanks,
Jonathan

[xipetotec46]

Hi Laxdale
To put your troubled mind at ease look at this thread, some good reading which I am sure will make you look forward to the bank holiday weekend.
Baz

http://www.consumeractiongroup.co.uk...t-cases-stays/