Mahharg V Nationwide **WON**

**mahharg** · 23rd January 2007 14:33

I submitted my prelim today (23/1/07) letter claiming £445 to my local Nationwide icon

who will forward it onto head office. they issued me with a receipt so I have proof that the letter is in nationwide's hands. There was a lady in the branch who overheard me. She said her sister was owed over £600 and didn't know what to do so I pointed in the direction of CAG icon

.
Does the 14 days start today ie lba icon

to be sent 6th Feb or shall I give it a day or two to reach head office.

Similar Threads:

**Roen** · 23rd January 2007 23:47

Send the lba icon

5th Feb - would they give you a couple of days grace? Also since this is Nationwide icon

and they either ignore you or send you fob off letters it's not worth waiting.

**mahharg** · 24th January 2007 00:12

I know what your saying Roen you're right about not giving them 1 extra day but the 5th Feb would mean counting the 23rd as 1 day. I didn't submit till the afternoon so I will then give them until 26th just so they have no excuses about me not giving them the FULL 14 days should they submit a defense. Mind you from what threads I have read about Nationwide icon

after claim submitted they then state they will defend then suddenly pay up. I have read other threads - (Natwest + lloydstsb icon

) and feel quite relieved that I am not dealing with them.

**mahharg** · 25th January 2007 02:26

hi all please help if you can.
A couple of questions that is bugging me albeit premature but I know it will get to this stage. I have spent days if not weeks looking around the site but could not find clear answer to following.

1) I find filling in a N1 form just as easy for me than the MCOL and the court is close by, are there any Pros/cons by doing it the N1 route as opposed MCOL (does MCOL accept electron)?.

2) If I use MCOL instead of N1 form would I have to send anything to bank?. I have read other threads that people have sent schedule again. By this stage I will have already sent it twice with prelim & lba icon

(without the 8% added). I am aware that I have to include 8% when I claim but do I really have to send schedule to bank again and with the 8% again if I do should I send anything else at MCOL stage?.

I am not claiming contractual interest icon

as we are talking about £10 max.

**mahharg** · 28th January 2007 00:06

bump

never used this

bump

before but hope it is the correct way just that I am hoping for answer to post 4.

**mahharg** · 3rd February 2007 01:14

Received my Fob off letter today. Interesting that it states

It may be appropriate for you to consider alternative banking arrangements.

This account was defaulted/closed in 2004 so I am guessing it is a templated reply

.

Anyway hope some one can advise me. I took the prelim letter to my local branch. I was given a receipt and the letter was forwarded to head office. I addressed the letter to:

Nationwide Building Society
Head Office
Nationwide House
Pipers Way
Swindon
Wiltshire
SN38 1NW

It obviously got there with no problems hence the reply.

However the reply has another address on it:

Nationwide Building Society
Member Accounting Servicing
1st Floor Electra House
Farnsby Street
Swindon
SN2 1SR

Is it ok to send my lba icon

on 6th Feb via local branch and if it is shall I stick to the head office address (reached it's destination this way), or ammend it to show Electra House. Any advice will be appreciated.

Also any comments on post #4.

**mahharg** · 4th February 2007 17:52

Hello all
When I work out my 8% daily interest icon

it works out at (445 x 0.0022=0.0979). Would it be ok to claim a daily rate of 10p or would I have to put 9p?. Also if anyone can answer my qestions from posts 4 & 5 it will be appreciated. Just wondering if I am doing anything wrong because some people seem to get loads of responses to their questions and some including myself seem to get left untouched or is it just luck of the draw.

**MilkTrayMan** · 5th February 2007 10:41

Hello Mahharg!

Originally Posted by mahharg

...if anyone can answer my qestions from posts 4 & 5 it will be appreciated. Just wondering if I am doing anything wrong because some people seem to get loads of responses to their questions and some including myself seem to get left untouched or is it just luck of the draw.

lol @ U
Don't take it too personally about the lack of replies to your posts!
It all depends who is online...
Whether or not they know the answer to any questions U ask.
...What stage of any Claim they have.
What they are doing online themselves (...i.e. Researching for themselves, just like U, yourself, have done!).
...and whether they have time to answer U. (...In my case, cos I type very slow, it has taken me 20mins just to type this far!!!)

U have done very well to have got this far and seem pretty clued up with the whole Re-claiming process.
Some people need more help than others.
MOST of the answers are out there...it's just a case looking!
People tend to panic and want to rush things.
....That's when they cause problems for themselves, by NOT spending their time doing the donkey work and following other's threads who have gone before them.

<mini hi-jacks thread>
It is supposed to be a Self-Help Forum.
I would advise anyone who is wanting to Re-claim, to spend at least a couple of weeks reading and re-reading threads to get a gist of the whole process from START to FINISH before they even think of starting their Claim.
It is time well spent.
Has no-one ever heard of the "Tortoise + Hare"???

People always want to take short cuts and that's when the problems begin!
...e.g If it's recommended to write a PL then 14 days later send a lba, then 14 days after that File your Claim @ Court.
...Why do some want to jump straight in @ the deep end without 1st looking where they're leaping???

<has a reality check...+ hands thread back to OP>
#4...
1/ MCOL is slightly cheaper than N1 (...U will be able to Claim your money back either way when U win, but for some on a tight budget the initial cost is critical)
county court Fees

Some people find MCOL more convenient for them if they are confident with the Form filling requirements.
Others prefer the N1 route cos if they are unsure about something, they can ask the Clerk @ the County Court Office and get an immediate response.
Please note though that the Clerk can NOT tell U what to actually put on your Claim Forms...but can tell U where to put your info and give U an indication of the process.

Check out the MCOL website with a "dummy" run and see if it gives U Visa Electron payment options.
Her Majesty's Courts Service

2/If U have read that others have sent the Bank another updated schedule when they have Filed their Claim @ Court, is it not prudent to also do so?
...Would it cause U so much inconvenience?
Does the requirements of the Claim Form not give U guidance on this subject?
Please read the Particulars of Claim section:
Making a Claim

#5...
Bumpety-bump-bump!...

#7
Just submit an updated spreadsheet...the spreadsheet should work the maths out for U.
Failing that, follow the guidelines as per the link below.
How to make a claim

Hope all the above helps?!...we wouldn't want U to feel neglected would we?...lol...

**mahharg** · 5th February 2007 15:21

Thanks MTM I can stop throwing my toys out of the pram now. It must be my patience what with being off cigs for 3 weeks (gagging for 1 now).

BTW happy birthday 2u recently (see I have been reading other post). mine on 12th hope I get more cards than you

.

replies to Post 5 was meant 2 b replies to post 6 but I will just go the same route as my prelim if it got there then no probs that way I suppose.

Check out the MCOL website with a "dummy" run and see if it gives U Visa Electron payment options.
Her Majesty's Courts Service

gonna do that. If I fill it out properly I can save it for upto 28 days so 14 days after I sent lba icon

if Nationwide icon

don't settle

I just click on submit claim done then.

Just submit an updated spreadsheet...the spreadsheet should work the maths out for U.
Failing that, follow the guidelines as per the link below.
How to make a claim

I done all that and it gave me a total it is just that when I fill in the calim form I will be quoting daily rate of interest of .0979p I just wanted to be assured that it is ok to round it up to 10p or would I have to round it down to 9p.

**mahharg** · 7th February 2007 02:02

I have submitted lba icon

yesterday (6th Feb). I handed it in to local branch who gave me a receipt and stamped copies of my LBA. The branch will forward it to head office. My prelim letter was submitted the same way
Successfully so have no worries about doing it this way. Anyway response will be the same fob off.

Check out the MCOL website with a "dummy" run and see if it gives U Visa Electron payment options.
Her Majesty's Courts Service

I tried this and got as far as payment and it doesn't accept Visa Electron. It accepts Visa Delta, Solo and Switch debit cards along with credit cards.

I am worried though because I clicked on "submit" although I didn't pay anything I won't have my claim issued then be billed will I.?

**mahharg** · 7th February 2007 21:10

Hi all

Pleease help !!!

Now I can't use My Electron on MCOL I have to use the N1 form route. The problem is The "particulars of claim" template does not fit in the form. How do I address this?

If I print it all on a seperate sheet of paper do I enter anything on the actual form?. I am assuming that I cross out "to follow" and leave "attached"

Would I put anything at the top of the seperate sheet of paper with the "particulars of claim" on?.

If someone could point me in the right direction pleeease.

**smesin** · 8th February 2007 11:46

Originally Posted by mahharg

Hi all

Pleease help !!!

Now I can't use My Electron on MCOL I have to use the N1 form route. The problem is The "particulars of claim" template does not fit in the form. How do I address this?

If I print it all on a seperate sheet of paper do I enter anything on the actual form?. I am assuming that I cross out "to follow" and leave "attached"

Would I put anything at the top of the seperate sheet of paper with the "particulars of claim" on?.

If someone could point me in the right direction pleeease.

Hi Mahharg,

The N1 form is just as good as MCOL if not better... You can fill it in and print it off at home (see link) then just drop it off at your local county court icon

(3 copies). I regard to the Particulars, I managed to fit mine on, PM me your e-mail address and I will send you the scanned images of mine as i cannot post on here.... If not, I do not see a problem why you could not attach them if it was stated on the form...

N1 Form: http://www.hmcourts-service.gov.uk/c...ms/n1_0102.pdf

Here is my text from the POC icon

Section:

1. The Claimant has an account 3*****32 ("the Account") with the Defendant which was opened on or around 14th September 2004
2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest icon

on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.
3. A list of the charges applied is attached to these particulars of claim.
4. The Claimant contends that:
a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.
b) The contractual provision that permits the Defendant to levy icon

such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.
5. Accordingly the Claimant claims:
a) the return of the amounts debited in respect of charges in the sum of £330.00;
b) Court costs;
c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.
6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

These are edited slightly from the template as I am not claiming interest on my interest....

Let me know if you want to see the scans.

It's also a bit weired that our claims are running alongside eachother and I too also gave up smoking about 8 days ago... I guess this keeps our fingers busy and sueing a national building society can motivate you to do anything!!!

Hope this helps, Smesin.

**mahharg** · 9th February 2007 01:06

Hi Smesin
Thanks for a copy of your claim particulars. I have now sorted it already printed up and ready to go. Its good to be ahead of the game I will be looking more into the AQ now (be prepared) although I hope we won't need it. BTW if we wanted our claim to be issued on the 20th Feb would we be better off if we hand our N1 in on the 19th, or earlier if like my county court icon

they have a large backlog?.

It's also a bit weired that our claims are running alongside eachother and I too also gave up smoking about 8 days ago... I guess this keeps our fingers busy and sueing a national building society can motivate you to do anything!!!

Yes Is a bit strange, also we joined the CAG icon

same time. hopefully we will get the money from the lovely people at Nationwide icon

at the same time.

best of luck
mahharg

**mahharg** · 13th February 2007 14:22

Hello all
Got one question I have worked out my interest icon

upto the date I hand in my N1 form (20 Feb) and have put this figure in my claim form

Charges £445.00
Interest under s.69 County Courts Act 1984 £110.17
Court Fee £80.00
TOTAL £ 635.17
Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £00.10p per day OR at such rate and for such periods as the court deems just.

All seems ok above except that after reading other threads the claims are not being issued until about a week after submitting form to court. Does this mean that I will lose about 1 weeks interest ok only 70p but my 70p or do I ammend it to read

Plus interest pursuant to S.69 County Courts Act 1984 from 20/02/2007 to date of judgement/settlement at £00.10p per day OR at such rate and for such periods as the court deems just.

I know at this stage one little error can delay getting my money back by months so would like to be sure. In meantime I am gonna take a trip to the court see if they can point me in right direction. Will post answer on here if I get it I am sure that others must be thinking about this but are to afraid to ask.

**mahharg** · 13th February 2007 20:46

Went into court to ask about query in post 14. Not much help really just agreed that it might not be issued on the day but they will date stamp the N1 form. Told me "sorry not trained to give legal advice all I can do is look at it and see that all sections are complete" so really my query was not answered. Is it just my court or are they all like this.

**MilkTrayMan** · 14th February 2007 15:59

Originally Posted by mahharg

...Is it just my court or are they all like this.

Court Officials aren't able to give any legal advice, as such, cos of impartiality etc.
This goes for them all @ every Court, not just yours.

Your question about interest icon

can be answered by reading through the example given in this link:
How to make a claim

Hope this helps?!

**mahharg** · 14th February 2007 16:24

Your question about interest icon

can be answered by reading through the example given in this link:
How to make a claim

Thanks MTM I have already looked at the process of how to make a claim and understand it. It is just that the sites example of 0.00022 x 1,000 = 0.22 totals exactly 22p not 22.2p or 22.8p for example so no need to round up or down my total comes to 9.79p per day so I want to quote a daily rate of 10p but I don't want Nationwide icon

defending on basis that I am claiming too much interest then again why should I quote 9p which is less than they should pay.

another thing, on the simple calc spreadsheet when I the total interest came to £110.18, but when I printed it out the figures (to 2 decimal places) on the sheet and addded it all together it adds ups to £110.17 obviously the program adds up to 3 decimal places but if the bank get their calculator out it wont look good if we can't even add up properly???

**MilkTrayMan** · 14th February 2007 17:53

Hi Mahharg!

Originally Posted by mahharg

...if the bank get their calculator out it wont look good if we can't even add up properly???

Calculator???
...I've always used my fingers!!...rofl...

(...soz just couldn't resist it!...lol)

Try not to make mountains out of molehills and have sleepless nights about it.
...Am quite sure U could argue a typo icon

error for the extra 1p discrepancy??

**mahharg** · 14th February 2007 20:56

Try not to make mountains out of molehills and have sleepless nights about it.
...Am quite sure U could argue a typo icon

error for the extra 1p discrepancy??

OK thanks MTM. Just as I have learnt from this site the slightest error in could delay the process of getting money back but I suppose it is a molehill if the bank did argue the difference I could always write them a cheque for 1p

. As long as it doesn't get returned unpaid

.

Sorry sir but the charge of £30 for that 1p unpaid cheque is legal because it says so in the Ts & Cs you signed when you opened your account so there.

Sorry got my humourous head on tonight and couldn't resist.

**mahharg** · 16th February 2007 15:25

Just received my 2nd Fob off letter this time they are refering it to the member service department for review. I do believe this is one of their stalling statics. They will have had 14 days on the 20th so unless money arrives by then off to the court I go.

I might just give Mr Huntley a phine call on the 20th just to ask whether they have come to a verdict no messing "are you going to pay my money Yes or No". If they say no then I will inform him that I am now off to the court. Definatley no more time they have had 28 days. If anyone disagrees with this call I would like to know Thanks

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