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.
we also have a joint a/c which I'm waiting for the statements. So, to save confusion I started this thread to deal with JBs account separately.
I got all the statements back today recorded delivery in a lovely ringbind which fell apart when I got half way through LOL
I've totted up the charges and they come to about £510
This includes quite a few of unauthorised o/d charges of between £10 and £15 a pop.....is this right? It seems too low to claim but then it's not a 'service charge' is it, it's a penalty.....so I can claim it back can't I??
The other thing is that their letter goes on about manual intervention, about all the different ways Nationwide perform manual intervention but it doesn't actually identify any times that they used MI when charging the a/c so it's not really relevent is it? or is it?
Unauthorised OD fees can be claimed back.
Manual intervention thing - just ignore it!
Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.
** Nationwide - £1821.15-PAID IN FULL - Aug 06 ** ** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 ** Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....
Had another response to my 1st letter today. my lba went off over a week ago! the usual I suppose but the annoying thing is they've addressed it to us as a couple and not my hubby personally (it was his sole account).
The first letter I received got crossed in the post with the lba, it only stated that my letter was to be redirected but even that letter was addressed to both of us. I did pull them on this in my lba but they have obviously just ignored me! what are they playing at?
Anyway, I'll send another copy of the lba on monday with updated spreadsheets plus interest giving them until the last day of the month to respond.
If you have already sent an lba I wouldn't send another - not your fault it takes them so long to reply to a letter.
Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.
** Nationwide - £1821.15-PAID IN FULL - Aug 06 ** ** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 ** Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....
Right....just filed a claim on MCOL....here are the particulars:
I are claiming the return of money taken by the defendant in the way of charges over the last 6 years amounting to £633.50 plus the interest they have levied on those charges. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from the date each charge was made to 28th September 2006, a total of £176.91 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.00022%. I will also be claiming any Court costs incurred. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.
So, total claim is £810.41 plus £80 Court fee and the 8% interest hereafter......Here I go again!!!!:o LOL.....Hopefully this'll be a little quicker than my RBS claim
D'you know, after reading through some current threads in the NW section, I can't believe how simple they seem to deal with.
I'm having (as well as others) an absolute hell of a time with RBS at the moment and if you told me that NW will pay up soon after acknowledgement I wouldn't believe you, I'd at least think that I'd be the first that they'd push to the Court date!
It would be oh so nice though as we don't have enough money to start the claim on our joint a/c yet.....tick tock! Seems like everything's a battle at the moment....oh hum.
OMG!!!!!!! I looked at our account 5 minutes ago with dread because I knew that there was -nothing in there and every time I look it just gets worse and worse........but what do I see? what's this £633.50? what the heck is that for?:o refund of interest charged.............BE JESUS!!!! :o I can't believe it! really I can't......I shouted my husband and I was laughing and crying and jumping.......needless to say I am a happy bunny today
What happens now folks? it's about £280 short still.....does that get put in at a later stage? My head is just spinning, I've been so depressed lately........I just don't know where to put myself!!!
But congratulations - bet your weekend has suddenly got much better
Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.
** Nationwide - £1821.15-PAID IN FULL - Aug 06 ** ** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 ** Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....
I'm a bit confused, I was expecting a letter from Charles Bacon (is it?) today with the settlement details but I've had nothing except an acknowledgement of the claim, which we got on Saturday. The money (most of it) went in on friday, so I don't know what to do now.....do I just wait?
Hi willowb, would you not send them a letter or perhaps email Charles Bacon to say thank you for the part payment but it is still £45 short. I know some people on these threads have rang him or his department with some success
I think his email address is charles.bacon@nationwide. co.uk - but if not I hope someone can supply you with the correct one.
Anyway it may be worth a try - at the end of the day £45 is £45 and if they owe it to you - go an get it gal! Good luck - keep us posted
JB Vs nationwide
which fell apart when I got half way through
LOL
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the usual I suppose but the annoying thing is they've addressed it to us as a couple and not my hubby personally (it was his sole account). 
what are they playing at?
thanks Dolly
