Threat of court action

by Ithesoul Tue Jul 25, 2017 10:33 pm

Hi Jinxer
Thanks for your reply. My apologies but it's actually Shosmiths acting as solicitors for Nationwide BS.

by **daveiron** Wed Jul 26, 2017 7:46 am

Hi Ithesoul,

Re your defence,& this is only what I would submit,others may have better advice.But based on the fact you have acknowledged the debt.

You have been making payments to the maximum you can afford.
You have acted in honour and have attempted to settle this matter on xxxx occasions.
However your studies reveal that it is industry practice to sell / trade these agreements within months of there inception.
You have required from them proof of claim on xxxx (how many times you have asked in the letters & add the dates).
To date they have failed / refused to supply any proof of claim as requested .
I therefor now require the claimant to bring to the Court the following documents to provide their proof of claim.

1. The original signed agreement,including the full terms & conditions.
2. A signed statement from a man / woman from Nationwide Building Society that the agreement has never been sold or traded in any way and they hold title to the agreement, and that no insurance claim has been made regarding said agreement.

(add anything else i have missed )

by Ausk Wed Jul 26, 2017 7:52 am

I require you to provide a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act xxxx verifying your claim that I am indebted to you in any way.

I require you to provide me with copy of the contract signed by both parties confirming that all elements of the contract have been fully disclosed.

by Ithesoul Wed Jul 26, 2017 8:51 am

Hi daveiron
Many thanks for your reply & suggested defence. Have you or others used this defence & if so with what level of success?.
I am certainly considering doing this & would be grateful if I could send you my draft defence for your review & comment before I send it to the court, if you would be happy to do so of course!.

Best wishes

by Ithesoul Wed Jul 26, 2017 8:52 am

Hi Ausk
Many thanks also for your reply & suggestion.

Best wishes

by **daveiron** Wed Jul 26, 2017 9:22 am

Hi mate,
I have not used this in court as i stopped it getting that far, but as i stated given your position of having acknowledged and been paying the debt .I cannot see any other way than fight it. Having said that this is without doubt the way I would do it.

By all means post a rough outline of your defence here ,I'm sure others will offer advice as well.

One thing is for sure though .If you do not attend court ( if it gets that far) you will be in a worse position than before.
However county court is not the daunting prospect you may imagine.
You could of course take Tiggys advice re solicitor ,but bear in mind they will want paying & i would not trust one of them to act in your best interests.

by **LionsShare** Wed Jul 26, 2017 10:01 am

A very very long shot might be;

https://www.whatdotheyknow.com/request/value

"Dear Enquiries,

many thanks for your reply

from what i can see from the explanation you have given is that a bank note which is a promissory not which the bank of england promises to pay the barer means they will promise to pay them nothing but give or offer other denominations of a promissory note which are also worthless well about 2pence metallic money for production?"

May be you could use this in your defence? Ask them why are they chasing over "nothing"?

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