Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default AA99 v Nationwide

    My main bank current account is with Nationwideicon and we have lived on a £1,800 agreed overdrafticon for over 6 months, and I have £4,500 charges to claim off them yet (or at least get in the queue for a hardship claim) and my OH has £5,000 owing on a Gold Card with Nationwide so have been treading very gently with them.......
    They have accepted no charges & interest for 6 months at £20 p.m. but they say it's not worth it to them anymore as it costs them £20 p.m. to check to see if I have paid it! They will hand over to a DCAicon next month! In a predicament about how much to rock their boat.

    Similar Threads:

  2. #2
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    Default re: AA99 v Nationwide

    I will post this also on the Hardship Claims and FSA Waivers with bank charges, but in the meantime, shall bump my own thread, and let you know.....

    I have just been on Mr MSE's site and someone on there has just had £2,000 worth of mortgageicon and council tax arrears paid off directly by the bank as part-settlement of his hardship charges claim. He is happy with that. The balance of the claim will progress with the FSA/Lords decision on charges.

    I am about to submit my claim regardless as we are now in severe hardship and the Nationwideicon account I've had for 25 years is my single biggest source of funds for payment of utility bills (£800 shortfall) over 6 months

    Wondered if anybody else thinks could be a good way to go, or not :?


  3. #3
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    Default re: AA99 v Nationwide

    My OH received this letter today for his Credit Card. I found it quite offensive and I have composed a reply that I think is too gentle. I would like to continue interesticon frozen, no charges, and a further regular supply of funds dropping the balance owing. They are just hassling for arrears when we've been on a plan for 7 months

    Wondered if I could slip in a threat about copying their letter to Unfair Practices people, whichever law/act/statute is applicable

    There are no exorbitant interest rates of charges to claim and I am in a predicament with post #1

    HELP please



  4. #4
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    Default re: AA99 v Nationwide

    Please could a mod change my title of this thread to Nationwideicon instead of NW. Thank you. As this is in the Bank Action group, I shall copy and cut my other posts to a new threadicon AA99 v Nationwide Credit card in Debt Action Group.


  5. #5
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    Default Re: AA99 v Nationwide

    Just found you AA.


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    Default Re: AA99 v Nationwide

    In response to your question AA-the answer is no.

    If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
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  7. #7
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    Default Re: AA99 v Nationwide

    Hi AA

    Just read your post on another thread. How are you getting along thus far with this hardship claim against Nationwideicon?


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    Default Re: AA99 v Nationwide

    Quote Originally Posted by headoutthesand View Post
    Hi AA

    Just read your post on another thread. How are you getting along thus far with this hardship claim against Nationwideicon?
    Hi, thought I recognised you! Thanks for subbingicon! All I've done so far is input all the charges on a spreadsheet which I've boshed up and have to re-do, also in process of opening a parachute accounticon....


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    Default Re: AA99 v Nationwide

    Okay so you have £4500 of charges plus interesticon on them plus compensatory 8% to claim ?

    Do you feel you fit in the hardship criteria ? I assume so as you are considering bankruptcy. Will have a read of your thread up there try and get a better picture.

    What debts/arrears do you have as well as the Nationwideicon goldcard? mortgageicon/Rent/Utilities/Council Tax ?
    Is the £800 shortfall you spoke of utilities arrears ?

    If you do, then don;t worry too much about your charges spreadsheet for the moment, concentrate on getting the hardship claim in and recognised by Nationwide. They arent the easiest either unfortunately. So the more info you can give me about your circumstances the better.

    Are you on a flexaccount with them at the moment?



    You are in a dmpicon - is this self set up or through payplan/cccs ? They have been accepting payments on the c/card of £20 pcm for 6 months and frozen interest and charges. Have just started hassling you again. You will need to go back to them with an update of your circumstances, updated IE sheet etc... even if they havent changed, and make a new offer for the repayment planicon.

    Threatening 'collection agents' etc when on a plan is out of order - have a look at the http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf might give you something to chuck at them. Did you send off the 'gentle' letter you wrote ?

    I will try help you with the hardship claim if I can, if you can;t get me then pm yourbank, jansus or tuttsi.


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    Default Re: AA99 v Nationwide

    There we are, http://www.consumeractiongroup.co.uk...ankruptcy.html should have read that first, gives a much better picture.

    Def a decent case for hardship. The money isnt going to go far, but if you can get it now, before going for the BR, it will pay up your rent arrears at least and might cover the BR fees.

    As you are on benefits and unlikely to go back into work, and in rented accom, then I do think you are thinking on the right lines, but you are right to take your time in thinking about it, and absolutely spot on in trying to keep paying what you CAN afford to the creditors.

    If you want a hand with the letter for NW please just shout.


  11. #11
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    Default Re: AA99 v Nationwide

    Thank you very much for your advice I have managed to agree payment plans with various creditors including the Nationwideicon Gold Card directly. I did send off the letter in response to their 'threat' but have had no reply directly to that letter, instead have received a DN, and 3 more threatening letters I have been trying to keep my 2 threads with Nationwide separate. One is for their Gold Credit Card and one is for my Flexaccount bank charges

    http://www.consumeractiongroup.co.uk...gold-card.html


  12. #12
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    Default Re: AA99 v Nationwide

    Okay, concentrate on the hardship claim on this thread in that case.

    Have you completed the income expenditure form? I assume you did one for your £1 offer payments so you can use that for this too.


  13. #13
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    Default Re: AA99 v Nationwide

    We submitted an I&E to all our creditors on 8 September 2008, clearly showing a repayment to them all of £20 p.m. except for AA99 v GEMoney (Car Loan) which was £55 p.m. They issued a faulty DN and wouldn't accept. The others are in the region of £20 p.m. each but nothing to MBNAicon who don't have our CCA's. I have just downloaded the CFS from the link below and will do a revised one now because, in actual fact, expenses have more than risen.

    I am particularly concerned, being on benefits, about the amounts that "the government says you need to live on" My gas & elec have gone from £38 & £28 each p.m. to a requested £70 p.m. each. Atlantic haven't been much help and Ofgem are a bit concerned, but the last advice I had from them was to take the bills to the Housing Benefit office which I am going to try and do this week

    I thought an approach to Nationwideicon, beside the new fsa waivericon iro Hardship, would be to ask them to repay my priority debt arrears from my charges as someone else on here successfully did. I would be happy with that and, of course, they would eliminate my agreed O/D of £1800.


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    Default Re: AA99 v Nationwide

    Yes that is a good approach as they can see you are comitted to sorting out your finances.

    Do you have a basic idea how much your charges are? will they more than cover your £1800 OD and priority arrears ?


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    Default Re: AA99 v Nationwide

    Unfortunately I boshed up my spreadsheet but was roughly £4,000

    In fact, just looking through my documents, I have so many sample spreadsheets that I've lost track which is the most uptodate one to use Initially I added 8% even though one is not meant to until court, but now am confused


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    Default Re: AA99 v Nationwide

    the waivericon allows for compensatory interesticon so its okay to add it in now for your hardship claim. Getting the letter and evidence to Nationwideicon is more important than getting your spreadsheet perfect.


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    Default Re: AA99 v Nationwide

    Thank you yourbank


  18. #18
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    Default Re: ITN news

    Quote Originally Posted by AA99 View Post


    yourbank, I thought as much

    So, can you both bounce into my thread (and show me and the rest of us how to really tantalize my bank into refunding my charges, OR, paying my priority debts in the meantime) and post a template'ish letter in my thread for me Special request ;-)
    http://www.consumeractiongroup.co.uk...ationwide.html
    Thanks for PM Caro(I have responded to your concerns).
    Target your letter specifically to Hardship:

    "2.
    In making an assessment of financial difficulty the firm will take into account:
    a.
    evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship Breakdownicon; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;
    b.
    evidence of the following events:
    i.
    items repeatedly being returned unpaid due to lack of available funds;
    ii.
    failing to make loan repayments or other commitments;
    iii.
    discontinuation of regular credits;
    iv.
    notification of some form of insolvency or court proceedings;
    v.
    regular requests for increased borrowing or repeated rescheduling of debts;
    vi.
    making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
    vii.
    repeatedly exceeding a credit card or overdrafticon limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty)."

    Target 2(a) and 2(b). And chase it up if necessary. Sometimes you can see that having patience does not really indicate hardship cos if I am in hardship, I would ringing them everyday at 9am. Hassling them will get a response quicker for some reason otherwise you are simply in a pile of letters and forms on someones desk.


  19. #19
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    Default Re: AA99 v Nationwide

    Hi Am nearly at the end of my tether Have spent 2 whole afternoons compiling my spreadsheet charges and finalised it, phew!

    However, have also spent another afternoon looking for the right letter to send. Caro's produced one and I have combined that with an MSE one. Please can somebody confirm which one would be right to use?


    [insert your name
    and address]

    [insert date]

    [insert name and
    address of bank]

    Dear Sir or Madam,

    Account number: [insert account number]
    I am writing to request that you repay all the default charges that have been applied to my account since 27 July 2001 [include if relevant or delete, stop any debt enforcement action being taken against me] and stop adding any further charges to my account. I do not believe these charges reflect the true cost to [insert name of bank] of going into unauthorised overdrafticon.

    I request that you deal with my case now rather than once the test case has ended as I am currently experiencing financial difficulties due to [select from a loss of employment / disability / serious illness / imprisonment / a relationship Breakdownicon / the death of a partner / starting a lower paid job / needing to take parental care leave / starting full time education] and the FSA waiver states that you should continue to deal with hardship cases.


    My current circumstances mean that I [enter full details of why you are in financial hardship and the effect is has on your life, for example are you missing mortgageicon payments, needing to take cash out on a credit card to pay for day to day goods].

    [Use this section if you rely on income based benefits as your income or delete]
    Additionally, I rely on means tested benefits for my income and this has been set by the government as the minimum amount of money someone needs to live on.

    The charges total £[insert total charge], plus as I believe I have been unlawfully deprived of the money I have calculated £[insert total of interest] interest at the statutory rate, the amount a court would award.

    I therefore ask that you repay me the full amount of [insert total of charges plus interest]. I have attached a full schedule of the charges and interest with this document.


    I look forward for a full response to this letter within 14 days.

    Yours faithfully,

    [insert your signatureicon]

    [insert your name (printed)]

    [Include the print out of charges and interest from the calculator and be sure to keep a copy for yourself]


    Your Name
    Your address
    Date xx/xx/xx
    Your Bank
    Your banks Address

    Dear Sir/Madam,


    Notice of Consideration for Hardship Status
    Claim reference Number xxxxxxxxx
    Account number xxxxxxxxxx
    Please find attached a detailed summary of my financial standing, as evidence in support of my claim/request, be treated sympathetically and speedily in view of hardship.
    In making this request, I remind you of your duty to comply with conditions agreed in the waivericon of July 2007 and continuation of July 2008 between yourselves and the FSA.

    I look forward to acknowledgment of this, with an undertaking that you will proceed to process it, as per the requirements of the terms agreed within the waiver.
    Yours Faithfully
    xxxxxxxxxxxxx
    Enc; Financial Statement.
    Data protection act 1998.
    I give my permission for you to process/use data related to me, in the course of processing my claim/inquiry to a satisfactory conclusion.
    Signed xxxxxxxxxxxx Name xxxxxxxxxxxxx
    Date xx/xx/xx



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    Default Re: AA99 v Nationwide

    AA99,

    I've sent you an email

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.


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