What should I do ?

davisjj

I made a claim against the Nationwide and received the usual excuses back from them and then I made a Small Claims Court claim for £2600.

I received a letter and 3 cheques from the Nationwide advising that they had calculated the charges to be £2700 and the 3 chequese were payment in full - however they had spelt my surname wrong and so my Bank wouldn't accept them.

I returned the cheques to the Nationwide and followed up with telephone calls, I was told on three ocassions that replacement cheques would be sent out except that I received nothing.

My last phone call to them, I was told that as I was going to persue this through the Courts then they wouldn't send out any cheques.

I now have a date for an Allocation Hearing and Case Management Conference at Southend Court for October with Judge Dudley.

I have written to the Court explaining that the Nationwide have agreed the payout but have not paid, and that I believe that it falls outside the mandate of the OFT. Like the Nationwide I haven't had the courtesy of a reply from the Court Office.

Can someone tell me what I should do?,

Do I just let it run its course and wait until October, or as they have previously sent me payment in full and are now refusing to send out replacement cheques, do I make another application to the Small Claims Court for non payment.

I'd be most grateful for any advise for the "Experts" out there.

Many thanks,

Jerry

lindilou39

have you got any covering letters to support this??? why didnt you photocopy the cheques??

davisjj

I've got letters confirming the payment and also all the cheque numbers and amounts.

Stokey125

In these circumstances I would apply to the court for an order striking out thier Defence and that judgment be entered in your favour as they are clearly not going to defend and are just wasting time. I would not put the wasting time bit in the application.



When writing your grounds for your application explain how they sent you cheques for the sum claimed but in the wrong name and say how this shows that the defendant is not contesting the matter. Do not forget to also ask for your costs of this application in any event.

davisjj

Is their a form I have to use or do I just write to the Court dealing with the claim.

Thanks,