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.
Your POC should NOT be too precise as it will tie your hands later.
...It would be sufficient JUST to refer to the wording 'T&C's', if indeed, that is what U wish to mention, in your OWN PoC.
Ok understood
From various others postings on this site it seems that all these large POCs' have been prepared for various banks...HSBC etc - are you saying that even for these just using a "T&C" quote would be best?
During the period of the charges which I believe to have been unlawfully applied were taken from my account I was suffering from unrecognized symptoms of PTSD (Post Traumatic Stress Disorder) due to a long standing medical incident from child hood.
Symptoms associated with PTSD include not being able to learn, judgment, assimilate information and lack of concentration which results areas of the individuals life going backwards and the person not able to function properly.
The PTSD was further compounded by the mental effects of having been misled into signing a false copy of the OSA (Official Secrets Act)
This stress was further exacerbated the lack of assistance relating to my financial situation - making me more ill than I previously was - suffering lack of sleep, my work and family suffering and further anxiety.
The bank despite a number of attempts to speak with Branch Managers, Supervisors (Though one did assist for a few months, but was eventually disciplined for doing so!!) and Contact Centre/Call Centre staff would not refused to assist of move payment charge dates.
This caused to be charged fees which again resulted in going over an over draft - and thus charges on charges.
The bank implies in its letters and Terms & Conditions that they would listen understandingly and try to help, but they do very little to do so; At a minimum due to my seriously fluctuating income the bank needed to have offered me more flexibility thus reducing the charges I would have incurred; however declining for "business reasons" which then could not or would not be substantiated is unlawful.
Started to rehabilitate during 2005, and I am finally getting my life back together and my financial position is finely balanced, I need assistance from the bank not to be held down by them.
They have not assisted and this is the reason for bringing this action
I believe any stay in the hearing of my case will cause me further hardship and stress, exacerbating my PTSD.
I also wish to state that any charges incurred between entering of this claim and refund will also be claimed
I am saying that a person's POC is extremely individualistic + set outs your initial Case for your Claim.
As U must be able to appreciate, peeps circumstances are different.
Unfortunately, cos the Nationwide Forum is some what smaller than the other Major Bank Forums, there has been a lack of desire by some more capable peeps than I, to create an all encompassing 'all-singing-+-dancing' PoC.
As a guideline though, why don't try to modify another Banks PoC to suit your OWN circumstances??
A small word of warning though...
I would extensively read through many Nationwide Threads (...especially the 'Successes' ones), so as to know how to gauge your pitch of your PoC against any likely Nationwide defence...
I hope that U NOW know what type of things U will need to include + the format of the layout etc etc??...
...A little more reading on your part methinks...
I wouldn't point this out now but Nationwide's T & C for overdrafts makes it clear that they view exceeding your limit as a breach of contract. Wonder what they said about this in thier defence.
The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.
Fair point. Though you have to argue that if there are circumstances behind it they should show "understanding" - "try to resolve or assist in resolution".
The issues here is they don't none of the banks do - It's all about profit and not about the public/customers - Especially when there are extenuating circumstances.
A timely reminder that Nationwide is NOT a Bank, but a Building Society.
It doesn't have a legal obligation to maximise any profits for the benefit of it's Shareholders.
Therefore Nationwide 'profits' would be contained within the loop.
Everyone who has an 'account' with Nationwide is a Member + should share in the benefits that this mutuality brings.
Methinks Nationwide has an identity crisis at times, especially the way it treats its Members...i.e. Penalty Charges etc etc.
I am currently considering my position for the sort of reasons you mention. I am considering sending some stuff in re charges but feel I could only do this if I was leaving as the risks would be great.
The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.
IndebtStudent - Leaving? What as in leaving the country? and as for the risks???
No one can deny and if you have medical notes showing counselling/medication....ongoing self help - reading etc - then you are presenting the case.
If my HSBC/Nationwide Bank Charge cases are stayed i will use the causation statement to ask for stays to be lifted.
But really this will form the basis for the case with SLC against court proceedings:
As for the risks:
A) Risks with default - the SLC can't do it as while the loan is goverened by CCA (1974) no credit check was done, so nothing can be registered?
Nationwide are being pushy with respect to saying they will default you - by law if the court is hearing on these cases then you account is in dispute; just as they can obtain a stay so can you!
B) Judgement against - you have 3 cracks at the whip (i.e. appeal twice) - After which you can ask for a refferal to a higher court.
C) Point to note: A far as i know Drs' notes can be vague and physco-analyst are allowed to offer advice and guidance for self help but NO actual opinion to you that could be used in court. Which could screw you over a bit if you know what i mean! Thus you need to word this right in your causation statement.
And they end of the day what have i got to lose.....They work for us.....and since when do ill people get penalized????
Leaving as in the organisation, simply too many things I do not agree with.
The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.
If I put in my notice after April 4th I get a bonus so its a willpower thing thought my mind is made up.
The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.
So, i go through the process of asking for charges back, letter before action etc.
I owe £320 on an overdraft, they owe me £1500 in charges.
I then issue my claim which is sent to Nationwide, and they have failed to respond the summons by there deadline (28/3)
I have letter from them today saying that i have not kept to my agreement to repay my OD, thus the are defaulating my account and have sent me a letter advising me, despite me asking them not to pending the claim/OFT test case etc.
So, i have called them today and apparently they have no note of the summons???? What a load of ballony!!
So, am waiting for complaints to get back to me (today) am going to re-iterate my same message i.e. can't pay/won't pay due to dispute and to halt default.
Surely they can't do this can they? Not pending action??? :-|
Am i probably going to have to argue the case re charges and removal of default (not that i have problem doing so)
Your comment sounds perfectly reasonable, I would stand firm and take reassurance from the fact the higher your complaint goes the more it costs for the time of the person looking at it. The harsh reality is very few people have the authority to make decisions anymore.
If they didn't answer your court claim you can ask for judgement in default, not sure how far this will get but puts the onus back on them. Man I need a new job!!!
The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.
So just heard today from the local courts (Southampton) that my case has been stayed, and according to the clerk i can only have the stay lifted by applying to the High Courts.
Which as i understand will cost me £35 or something of that nature.
i am of the belief that i have good grounds relating to illness (ongoing) for my long standing and ongoing financial issues....
Now it suggest in the link i should write with with the N244 to the defendants solicitor, outlining my reason for asking for the lift.
1) To confirm, shall i just complete the whole form with All my reasons, i.e. the same application that i would put into the courts (minus of course any evidence which they can request)
2) They had threatned to issue a default and i sent a letter back from the template library saying they can't do that until the case is resolved, and they have per say come back saying they had passed it to respective powers. So we'll see if i have been defaulted! Though this would be in breach of DPA.....
.....i will need to cover this as part of my stay appeal etc!!
Is this right? Thx for confirmation in advance.:grin:
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