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Court case advice
ricky_balboa
Posts: 145 Forumite
I wonder if anyone has any advice on the following situation, i would be most grateful for any help.
I have a credit card debt with Nationwide which was defaulted.I followed advice from this forum and CAG about the legality of the agreement.While the agreement dosent look good, the default notice is 100% unlawful.
Nationwide started a claim through the courts to recoup the debt and i filed a defence.With help from a very good forumite and others i have what i believe is a strong case and have defended with confidence.
After completing the allocation questionaire Nationwide asked for a stay of 1 month.They then asked for another stay of 1 month.This last stay ended about 35 days ago.I contacted the court, and spoke to someone in admin.
They said they have heard nothing from Nationwide and said that this case should be referred to the judge for direction.They asked if i wanted it to be, but i said i would seek advice first.
They implied that the judge would not look favourably on the state of limbo that Nationwide have left it in.
Should i be writing to the judge for this case to be struck out due to the situation?, should i speak again to the court admin dept. telling them to refer the case to the judge for direction or should i do nothing.
I hoping that the lack of repsonse by Nationwide is down to them receiving my strong defence, but im unsure of what is my best move next.
many thanks for any advice
Rickybalboa
I have a credit card debt with Nationwide which was defaulted.I followed advice from this forum and CAG about the legality of the agreement.While the agreement dosent look good, the default notice is 100% unlawful.
Nationwide started a claim through the courts to recoup the debt and i filed a defence.With help from a very good forumite and others i have what i believe is a strong case and have defended with confidence.
After completing the allocation questionaire Nationwide asked for a stay of 1 month.They then asked for another stay of 1 month.This last stay ended about 35 days ago.I contacted the court, and spoke to someone in admin.
They said they have heard nothing from Nationwide and said that this case should be referred to the judge for direction.They asked if i wanted it to be, but i said i would seek advice first.
They implied that the judge would not look favourably on the state of limbo that Nationwide have left it in.
Should i be writing to the judge for this case to be struck out due to the situation?, should i speak again to the court admin dept. telling them to refer the case to the judge for direction or should i do nothing.
I hoping that the lack of repsonse by Nationwide is down to them receiving my strong defence, but im unsure of what is my best move next.
many thanks for any advice
Rickybalboa
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Comments
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Does anyone have any thoughts/experiences
thanks0 -
it maybe, however their isnt anything stopping them re fileing.0
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I don't think you need to do anything. They are the claimant, you have filed a defence. Eventually the court will either table a hearing or strike out the claim.0
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subbed to this thread.....0
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Push gently.
"I respectfully remind the court that the matter is now 35 days past the end of the last stay and I would request default judgement in my favour unless Nationwide are indicating that they intend to substantively address the defence"Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Hello OP , any update on this ?0
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Tagged out of interest.0
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