Private and Confidential
For Addressee Only
Mrs Mervelee Myers
16 Alma Grove
Bermondsey
London
SE1 5PY
Date:
Our Ref:
Direct:
Email:
21 March 2025
HUNTAY\337671-000158
+44 7881 515168
alistairhunt2@eversheds-sutherland.com
BY E-MAIL AND FIRST CLASS POST: ratty.nembhard1956@gmail.com
Dear Mrs Myers
Claim No: 567MC716 (the “Claim”)
Parties: Mervelee Myers v Nationwide Building Society (“Nationwide”)
We continue to act on behalf of Nationwide in the Claim.
Capitalised terms in this letter are references to terms defined in the witness statement of
Samuel Christopher Andrews dated 1 October 2024 in support of Nationwide’s application for
summary judgment and/or to strike out the Claim (the “Application”), unless otherwise
stated.
We write in advance of the hearing of the Application on 9 April 2025 at 2:00PM (the
“Hearing”), following the Court Order dated 22 February 2025. A copy of this Order along
with the sealed Application is enclosed by way of service.
The Claim
As set out in the Application, you issued the Claim on 29 August 2024 in relation to the
Discrimination Complaint and the Fraud Complaint. You also allege in the Claim that
Nationwide: (i) failed to pay an (unspecified) standing order on your behalf; (ii) exhibited
“systematic discrimination” towards you; and (iii) assisted a third party in an alleged scam
against you.
Nationwide denies the Claim in its entirety. In relation to the Discrimination Complaint, in very
short terms, this arose because Nationwide wrote to you on 10 May 2023 about your
unacceptable behaviour towards Nationwide’s staff on 28 April 2023. Nationwide was obliged
to write to you in these terms and notify you that such abusive behaviour may result in the
Account being closed. We understand that there was a further incident on 13 October 2024 in
which you were abusive to Nationwide’s staff. As for the Fraud Complaint, Nationwide
investigated the Payments and concluded that they appeared to be genuine.
You have failed to set out any legal basis or valid cause of action in order to bring the Claim.
You have also failed to provide any evidence to support the Claim. In particular:
-
you have not provided any evidence to suggest that Nationwide has mistreated you
or acted in any way that could be construed as defamatory or discriminatory in
nature, as alleged or at all; and
you have not identified or particularised any basis of loss recoverable from
Nationwide (which for the avoidance of doubt, is denied).
cloud_uk\237481275\3\hainswc
Eversheds Sutherland (International) LLP is a limited liability partnership, registered in England and Wales (number OC304065), registered office One Wood Street, London EC2V 7WS.
Authorised and regulated by the Solicitors Regulation Authority (SRA number 383181). A list of the members’ names and their professional qualifications is available for inspection at
the above office.
Eversheds Sutherland (International) LLP is part of a global legal practice, operating through various separate and distinct legal entities under Eversheds Sutherland. For a full
description of the structure and a list of offices, please visit http://www.eversheds-sutherland.com.
Date:
21 March 2025
Our Ref: HUNTAY\337671-000158
Page:
2
As a result, Nationwide has made the Application with a view to disposing of the Claim at the
earliest opportunity.
The Application is made on the basis that you have disclosed no
reasonable grounds for bringing the Claim and/or that the Claim is an abuse of the Court’s
process and/or the Claim has no real (or any) prospect of succeeding. In addition, Nationwide
seeks an order that you pay Nationwide’s costs of the Application in light of your unreasonable
conduct in pursuing a completely meritless claim.
Discontinuance
In light of the above and to avoid incurring the Court’s valuable time and resources, and to
avoid the parties’ incurring unnecessary costs, Nationwide invites you to discontinue the Claim
at this stage as it has no real prospect of success. If you agree to do so by no later than 4pm
on 28 March 2025 then Nationwide agrees not to seek to recover from you the costs that it
has incurred in respect of the Claim notwithstanding that it has already been forced to file a
holding Defence and has the Application.
Please confirm your acceptance of this offer by signing and returning a signed Notice of
Discontinuance by no later than 4pm on 28 March 2025. A pre-populated form is enclosed
for ease.
We invite you to respond via email, by scanning in a signed copy the Notice of Discontinuance
and sending it to alistairhunt2@eversheds-sutherland.com. If you do not have access to a
printer/scanner, you can take a photograph of the Notice of Discontinuance, but please ensure
that the photograph is clear and shows the entirety of the document, not just the signature.
We have explained to you clearly that Nationwide is not liable to you as you have failed to
particularise any basis of claim in respect of the Payments, Discrimination Complaint and/or
the Fraud Complaint. As such, to reject this offer and continue the Claim would in those
circumstances amount to unreasonable conduct. When a party behaves unreasonably the
Court can order it to pay the other party’s costs, even on the Small Claims Track. If you
proceed with the Claim that is the step Nationwide will take. We do not intend to threaten you
in making this statement, but want to ensure that you understand how Nationwide will proceed
so that you can make an informed decision, and with a view to you avoiding a costs order
against you. The Court would expect us to explain that to you.
We look forward to hearing from you by and no later than 4pm on 28 March 2025.
Yours faithfully
Eversheds Sutherland (International) LLP
Enclosure
Pre-populated Notice of Discontinuance
Notice of discontinuance
Note: Where another party must consent to the
proceedings being discontinued, a copy of their
consent must be attached to, and served with,
this form.
In the
Claim No.
Claimant
(including ref.)
Defendant
(including ref.)
To the court
The claimant (defendant)
(tick only one box)
discontinues all of this (claim) (counterclaim)
discontinues that part of this claim (counterclaim) relating to: (specify which part)
against the (defendant) (following defendants) (claimant) (following claimants)
(…………………………………………………………….. (enter name of Judge) granted permission for the claimant to
discontinue (all) (part) of this (claim)(counterclaim) by order dated ………………………………………………..)
I certify that I have served a copy of this notice on every other party to the proceedings
Signed
(Claimant)(Defendant)(’s solicitor)(Litigation friend)
Position or
office held
(if signing on behalf of firm or company)
Date
The court office at
is open between 10 am and 4 pm Monday to Friday. When corresponding with the court, please address forms or letters to the Court Manager and quote the claim number.
N279 – w3 Notice of discontinuance(6.99) Printed on behalf of The Court Service
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