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.

£19.99 + £1.50 (P&P)




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.

£9.99 + £1.50 (P&P)

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Exclamation Starting My Claim

    Hi All,
    I'm new to the site (last night) and have so far downloaded and marked up all of my bank statements for the last 2+ years.
    I'm getting ready to send my letter this evening.
    Does anyone have any comments before I do ?
    Thanks,
    In debted...

    I have now read up on what I need to do - Can anyone confirm the following:

    Stage 1 - Open http://www.consumeractiongroup.co.uk...-approach.html

    Stage 2 - Fill out the letter, inserting my personal details and Insert the amount plus the interesticon amount and then total it.
    Stage 3 - Send the letter

    Question: Am I missing something it seems so simple... HELP





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  2. #2
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    Default Re: Starting My Claim

    Hello "In debted",

    Can only advise U to read, re-read and then read again lots and lots and lots of others threads (...not only Nationwideicon's!).

    There are many issues for U to consider:

    Compound Contractual interesticon at unauthorised vs authorised rate.
    Simple Contractual Interest at unauthorised vs authorised rate.
    Interest on Interest Charged.
    S69 Interest @ 8%.
    No Interest at all (...although they will have charged U!)
    Claims for more than 6yrs.
    Spliting your claim for Multi-Applications (...especially if in Scotland!)
    to bring U within the scope of the Small Claims threshold.
    Getting statements from more than 3yrs ago...etc etc

    For each potential claimant there will be a different senario.

    I, myself, am looking for confirmation for which is the best address to send my own S.A.R. to, as lots of others have sent theirs to different ones.

    Best of luck!


  3. #3
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    Default Re: Starting My Claim

    Hi MTM,
    Thanks for taking the time to write back. I'm with Nationwideicon and have gone through on line statements dating back to September 2004.
    I found a total of £1173.50 plus interest of £337.49 giving a total of £1510.99.
    I sent my letter recorded delivery to Nationwide House, Pipers way, Swindon SN38 1NW.
    Just counting down the 14 days.
    I'm currently sitting with a £3000 overdrafticon so depending on how they respond I will either go back for a further (6 yearsicon) or settle for the claimed amount.
    Good luck with your claim.
    All the best
    Mike...


  4. #4
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    Default Re: Starting My Claim

    Hi ID,

    Only my opinion mind...But in your case I think that I would send off a S.A.R. for ALL your previous years charge details. Then once got, add to your current charges and using either one of Vampiress's or Mindzai's Spreadsheets, work out Daily Compounded Contractual interesticon to get back what is rightly yours...your prerogative of course!


  5. #5
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    Smile Re: Starting My Claim

    Hi MTM,
    I will look into it, I'm just checking the Royal mail web site for a signatureicon...
    All the best...


  6. #6
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    Default Re: Starting My Claim

    Hi ID,

    U wouldn't like to vote in my other thread would U???

    I am looking to get a Standard Deviation of 95%...lol


  7. #7
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    Default Re: Starting My Claim

    Hi ID, you haven't included the 8% interesticon in your prelim letter have you? Also, if you finish this claim I'm fairly sure you can start another claim for the rest of your backdated statements though would probably be best to just do one claim. Just my opinion.

    Nationwide
    13/10/06 - S.A.R - (Subject Access Request) sent
    01/11/06 - Statements received
    02/11/06 - Prelim letter sent
    11/11/06 - Standard response to prelim
    14/11/06 - LBA sent
    17/11/06 - Standard response to LBA
    04/12/06 - MCOL Issued
    06/12/06 - MCOL Acknowledged
    07/12/06 - Paid (almost in full)

    HSBC
    14/10/06 - S.A.R - (Subject Access Request) sent
    25/10/06 - Statements received
    02/11/06 - Prelim letter sent
    23/11/06 - LBA sent
    31/01/07 - MCOL Issued (finally!!)
    07/02/07 - MCOL Acknowledged

  8. #8
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    Default Re: Starting My Claim

    Hi KC31,
    I had included all interesticon.
    But I'm considering going back 56 years...
    Thanks...


  9. #9
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    Default Re: Starting My Claim

    I mean't 6 yearsicon... lol


  10. #10
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    Default Re: Starting My Claim

    ...and interesticon on the interest that was charged cos of the charges
    (or if still in the black at the time...U suffered loss of interest to be gained)
    If U are confident with your sums go for it!...it is yours after all


  11. #11
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    Default Re: Starting My Claim

    Are you talking about the 8% interesticon as on the spreadsheets, or interest charges on the account?

    Nationwide
    13/10/06 - S.A.R - (Subject Access Request) sent
    01/11/06 - Statements received
    02/11/06 - Prelim letter sent
    11/11/06 - Standard response to prelim
    14/11/06 - LBA sent
    17/11/06 - Standard response to LBA
    04/12/06 - MCOL Issued
    06/12/06 - MCOL Acknowledged
    07/12/06 - Paid (almost in full)

    HSBC
    14/10/06 - S.A.R - (Subject Access Request) sent
    25/10/06 - Statements received
    02/11/06 - Prelim letter sent
    23/11/06 - LBA sent
    31/01/07 - MCOL Issued (finally!!)
    07/02/07 - MCOL Acknowledged

  12. #12
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    Default Re: Starting My Claim

    Hi Kirsty,

    Just spent an hour typing with one finger something really long in reply to your last post to clarify...was timed out on here...and the whole thing got deleted when I logged back in!!!...

    To sumarise...U can either charge your own interesticon rate % or wait until U file your Court Claim and claim S69 Statutory Interest @ 8%...BUT NOT BOTH!...is my understanding of things.


  13. #13
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    Default Re: Starting My Claim

    I see, so how do you work out your own interesticon rate?

    Nationwide
    13/10/06 - S.A.R - (Subject Access Request) sent
    01/11/06 - Statements received
    02/11/06 - Prelim letter sent
    11/11/06 - Standard response to prelim
    14/11/06 - LBA sent
    17/11/06 - Standard response to LBA
    04/12/06 - MCOL Issued
    06/12/06 - MCOL Acknowledged
    07/12/06 - Paid (almost in full)

    HSBC
    14/10/06 - S.A.R - (Subject Access Request) sent
    25/10/06 - Statements received
    02/11/06 - Prelim letter sent
    23/11/06 - LBA sent
    31/01/07 - MCOL Issued (finally!!)
    07/02/07 - MCOL Acknowledged

  14. #14
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    Default Re: Starting My Claim

    Hi Kirsty,

    READ READ and Re-READ other more capable people's threads...lol

    The gist of what interesticon that U would charge the Bank would be the same % rate that the Bank would charge U if U had borrowed its money without its permission...i.e. @ the Banks Unauthorised O/D % Rate.
    (Contract Law says that a contract has to be fair and equal to both parties...I'm lead to believe)


  15. #15
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    Default Re: Starting My Claim

    ...which in Nationwideicon's case was 24.9% the last time I looked on its website!

    As U can see...It's alot more than the S69 Statutory Rate of 8%
    So for someone claiming significant charges from a few years back it can make a HUGE difference!!!

    I think that quite a few people have had successful claim payouts already by using Daily Compounded Contractual interesticon % Rate.

    The S69 Statutory Interest Rate of 8% is what the Court would apply to a winning claim if asked to do so by the Claimant.

    But as the Banks are rarely, if at all, contesting claims, it does no harm to claim the former rate, with the later as in the alternative for the court to consider if the Bank actually contested the use of Daily Compounded Contractual Interest.

    The Court will ONLY give the Claimant what he/she claims for, if it is put down on the forms for the Court to consider!!!


  16. #16
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    Default Re: Starting My Claim

    So how do you find out what a banks rate is? I have a claim against HSBCicon and would LOVE to claim extra interesticon!

    Nationwide
    13/10/06 - S.A.R - (Subject Access Request) sent
    01/11/06 - Statements received
    02/11/06 - Prelim letter sent
    11/11/06 - Standard response to prelim
    14/11/06 - LBA sent
    17/11/06 - Standard response to LBA
    04/12/06 - MCOL Issued
    06/12/06 - MCOL Acknowledged
    07/12/06 - Paid (almost in full)

    HSBC
    14/10/06 - S.A.R - (Subject Access Request) sent
    25/10/06 - Statements received
    02/11/06 - Prelim letter sent
    23/11/06 - LBA sent
    31/01/07 - MCOL Issued (finally!!)
    07/02/07 - MCOL Acknowledged

  17. #17
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    Default Re: Starting My Claim

    Sorry In debted we seem to have taken over your thread!

    Nationwide
    13/10/06 - S.A.R - (Subject Access Request) sent
    01/11/06 - Statements received
    02/11/06 - Prelim letter sent
    11/11/06 - Standard response to prelim
    14/11/06 - LBA sent
    17/11/06 - Standard response to LBA
    04/12/06 - MCOL Issued
    06/12/06 - MCOL Acknowledged
    07/12/06 - Paid (almost in full)

    HSBC
    14/10/06 - S.A.R - (Subject Access Request) sent
    25/10/06 - Statements received
    02/11/06 - Prelim letter sent
    23/11/06 - LBA sent
    31/01/07 - MCOL Issued (finally!!)
    07/02/07 - MCOL Acknowledged

  18. #18
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    Default Re: Starting My Claim

    "WE"...???

    U started it!...

    A Bank's Unauthorised O/D interesticon % Rate should be found on its own website amongst its charges page.


  19. #19
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    Default Re: Starting My Claim

    Hi Guys,

    Thanks for taking over my thread... lol

    Today I received a letter from the Nationwideicon which reads:


    Thank you for contacting us on 05 December 20{about charges incurred on your flex account.

    We appreciate the time you've taken to get in touch with us about this issue, and are grateful for the opportunity to explain the rationale behind our charging policy. We are aware there has been a lot of speculation about fees and charges in the media and that the Office of Fair Trading has issued a directive regarding credit cards.

    As you know if we allow items to be paid and it means you exceed your agreed overdrafticon Or we have to return an item unpaid on your account then we will make a charge in accordance with the terms and conditionsicon. Details Of our tariffs are contained within out `FlexAccount Interest Rates and Charges' leaflet, freely available in branches and provided when opening an account and agreed to by yourself when you sign in acceptance of these terms when signing the application forms.

    Nationwide believes it is open and transparent about charges and members are pre-notified prior to charges being debited via their monthly- statements. If, at any time, we make changes to the tariff, account holders are always informed. We hope that you will feel that you can abide by the terms and conditionsicon of the account but if you cannot, then regrettably it may be appropriate. for you to consider alternative banking arrangements.

    I hope. that this has helped to clarify our position and you will appreciate why I am unable to refund any charges on your account. If you have any further queries don't hesitate to call me. My contact number is 01793 712603

    I must make you aware The Nationwide Group uses the Financial Services Authority rules when dealing with customers' concerns. I've enclosed a leaflet that explains our Internal Complaints Procedure should you not be happy with my reply.

    Yours sincerely

    Richard Huntley

    Customer Service Manager Member Account Servicing



    What do I do if I'm still unhappy?

    The Nationwide Group uses the Financial Services Authority rules when dealing with customers' concerns. Under their guidelines, you inay consider the following course of action if you're not satisfied with my response.

    1. Our Member Service Department can review your concerns. I will be glad to refer it for you. If you decide to go ahead with this option, please contact me.

    ?. If you are still not satisfied, you may then approach the Financial Ombudsmanicon Service for an impartial, independent assessment of the situation.

    if vou don't come back to us within the next. aG days, I will close our file.




    Its my guess that they are not going to play ball, what should I do now?

    Any (sound, lol) advice appreciated.

    Thanks,

    In debted


  20. #20
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    Default Re: Starting My Claim

    That's a standard letter. Just continue with the next letter once the 14 days have passed.

    Nationwide
    13/10/06 - S.A.R - (Subject Access Request) sent
    01/11/06 - Statements received
    02/11/06 - Prelim letter sent
    11/11/06 - Standard response to prelim
    14/11/06 - LBA sent
    17/11/06 - Standard response to LBA
    04/12/06 - MCOL Issued
    06/12/06 - MCOL Acknowledged
    07/12/06 - Paid (almost in full)

    HSBC
    14/10/06 - S.A.R - (Subject Access Request) sent
    25/10/06 - Statements received
    02/11/06 - Prelim letter sent
    23/11/06 - LBA sent
    31/01/07 - MCOL Issued (finally!!)
    07/02/07 - MCOL Acknowledged


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