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I have went through all the neccessary steps so far to reclaim charges and sent letter before action on 19th september. Nationwide replied today saying they are dissappointed they havent been able to resolve my dispute to my satisfaction at this stage. They said they are referring my case to member service dept for them to review under complaints procedure. Member service will reply in final response to my complaint and if I am still not happy then I should contact financial Ombudsman service....I am so confused as to what I have to do now....
Do I start my claim in court? Do I wait to hear from member service? Someone please help me?
I am due to leave for my holiday on 6th October with my 4 kids and hubby and dont want Nationwide to spoil this for me or my family....SOMEONE HELP???PLEASE
Dont panic about the letter, its all expected and normal.
If you sent your lba on the 19th sep you will be able to file your money claim or N1 after the 3rd October, so get it in on the 4th or the 5th, go on holiday forget all about it, then when you get back the money wont be too far away fron being refunded.
I'm just ahead of you. I had my case acknowledged by them yesterday.
thanks for reply but where do I get n1? what is it and what do I do with it? Sounds stupid question but I dont know what I am doing regarding this bank business...
I would register now, get all your claim details in and sorted. do a final check through your figures again, especially the interest calculation. Then all you need to do on the 3rd is log on pay your fee and its done.
This is what i entered in the details of claim section of the moneyclaim
Claimant has account XXXXXXXXX with Defendant
from December 1999 conducted on their
standard terms and conditions. Claimant is
claiming the return of £XXXX.XX taken by
Defendant in charges and interest on the said
charges over the past 6 years. The
Defendant's charges are a disproportionate
penalty and therefore unenforceable as they
are contrary to common law. They are also
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 they are unreasonable within the
meaning of the Supply of Goods and Services
Act 1982 s.15. Defendant has declined
justification of charges despite repeated
requests. Claimant claims interest under
Sec.69 of the County Courts Act 1984 at a
rate of 8% a year from DD/MM/YYYY to
DD/MM/YYYY of £XX.XX and also interest at
same rate up to the date of judgment or
earlier payment at a daily rate of £X.XXp.
thanx so much for reply but very end part confused me about daily rate of interest...please elaborate on that for me.....thanx again, very much appreciated..
so should I fill in the forms online now, then come 3rd october, set the wheels in motion, go on holiday and forget bout it till we get home?
thanx for time and info on this....ya wee gem
cant get any joy from site that you guys directed me to...it seems to be for england or wales and not for scotland...any helpers feel free to get back to me...getting frustrated with this now....
I'm at exactly the same stage as you - you are right in thinking that 'moneyclaim' is for England and Wales Unfortunatly we can only claim back in £750 bundles.
I'm also pursuing the Nationwide for charges (£2786.87 in total) if you are claiming more than £750 just divide your claim into periods and for that amount then file for the first £750 - once received then carry on with the next period and the next £750 claim etc
Alternatively - if you have friends or relatives in England or Wales you could use 'moneyclaim' as you could use their address for the service address for recieving the court papers. Nationwide will still continue to write to you at your home address and your money will be paid into your account etc. Hope this has helped
thanx for the info but i am very confused bout this lot....I always assumed that you could sue for £5000 in small claims court in dundee, so could you help here...
Do I now go to small claims court in dundee to get forms then fill them in and set wheels in motions before I go on holiday friday 6th october?
Any info and advice is much appreciated.
thanx
No £5000 is for English & Welsh claims - us poor wee souls in Scotland can only claim upto £750 at a time in small claim courts
If you claimed over that amout the banks are likely to defend but if you keep to the £750 amounts then it is highly unlikely they will defend as it wouldn't be very cost effective for them given the fact they know they are in the wrong
How long are you going on holiday for? Have you sent all the relevant letters etc beforehand etc? I'm not sure how long it would take before a court hearing but I personally (if it's just a two week holiday) would wait until I came home - but maybe someone with more experience could advise you here
Today I filled in my first claim in small claims court in scotland for my first £750 plus costs from Nationwide. They had 14 days to pay up and refused then got 14 days to reflect and still refused so I am determined person and have today paid £39 and handed in forms to small claims court.
I am off on holiday for 1 week and hope to have reply when I get home and then I will be going for my 2nd lot of £750 plus costs...I will have to do it 4 times to reclaim all they owe me so I shall keep you all informed..
wish me luck please!
Good luck with it. Hopefully it will settle before then and you can avoid the hassle of having a day in court. I'm always sure they will.
Incidentally I noticed 2 or three people taking Banks to court in Edinburgh over the coming week. I wonder if those cases will be settled without needing to eve appear.
we took court papers to sheriff court 3wks ago and had them sent back to us because scottish courts cannot serve papers on english territory apparently, which is where nationwides head office is...so we had to change the address so the papers get served to our local branch in dundee. We got notified on friday that the case is due to be heard on 2nd week in december but I have to go down to sheriff court to put my initials on court papers to prove it was me who changed the banks address...turning out to be makin me very nervous and wondering if we will get our charges back etc.....after this first hearing, we have to sue them another 4 times to get all our bank charges back.
How did you get on down at the court? Hope everything went well
I know at this stage it must seem very scary and daunting but it's nearly over now and after you have had success with this claim the next time you claim will be easier ... honestly.
just had to go put my initials next to change of bank address...I am very nervous cause i was told i am first in dundee to get this far with the bank charges fiasco etc.....
nationwide refusal
on 19th september.
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Unfortunatly we can only claim back in £750 bundles. 
court action in scotland
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