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.
For my own reasons (I don't think it would look very good if Nationwide closed my Flex!) I'll be going down the ombudsmen route and making this clear from the outset. However I am also going to modify the letters I do send stating that I have seen the template they will use online and to respond to the actual points I make. I only have one charge but it's the principle of the thing! I made an oversight which did not cost Nationwide £30!
I'm doing this for personal reasons as I find it extremely shoddy that customer's are recieving pre-prepared replies. I saw a complaint to this effect today and it kind of made me realize how bad my organisation is on this issue.
Just out of interest has anyone else done similar with an employer?
There is something in there about personal financial management and I'm going to move all my banking elsewhere just in case (not just to benefit from the switching promotion on at the moment honest!).
I'd be pretty sure that there's something in there about you not sueing your employer etc... they'll prob say it's a conflict of interest and all that jazz, but I doubt they could sack you for it, because it's an unfair charge etc.
However, I'm sure they could make it a really bad place to work for you.
I'm not going to sue them, I'm going to go to the ombudsmen, they'll still pay up. I am still a customer afterall. I'm more interested in the reply to the letter if I am honest.
Oh and the people that deal with charges are totally seperate to the branch network, I mean we send them stuff but that's it. That's part of the problem, I would NEVER send a complete template to a customer, I mean bare bones templates are ok but come on how long before people work that one out! lol
I thought of kicking off with this since I only have one charge...
Dear Sir or Madam,
Please be advised that I believe the charge you have recently placed on my Flex Account to be unlawful. The only way you would be permitted to take such an amount is if you could prove that the charge levied is what the returned item actually cost your organisation. Given that the process is automated I would be fascinated if you were able to prove this.
I also wish to be aware that, due to extensive information in the public domain, I know word for word what your standard response to such claim relating to bank charges will say.
I expect a full response to my written complaint, which addresses the specific issues I make here. I wish to point out that recent comments by your incoming CEO, that the charges are used to fund Free Banking, could be produced as evidence in court since that sort of activity is precisely what it NOT permitted under contract law.
I am aware that Nationwide engages in the frankly distasteful practice of closing the accounts of individuals who take Nationwide to court. For this reason I shall be referring the matter to the Financial Services Ombudsmen who, you may be interested to learn, are taking thousands of complaints a week on this very issue. It is my firm belief that they will instruct you to pay the amount debited in full. Therefore you have a choice
a)You can mess me around, wasting your time and resources OR
b)Simply refund the fee now and free up a staff member to tackle one of the many thousands of complaints you will now be dealing with.
I do believe that, on the whole, Nationwide IS a good alternative to the banks but I an very disappointed that, in this area, there is no discernable difference between Nationwide and the way banks behave. I see this issue doing increasing damage to the reputation of your organisation and the industry as a whole and am hopeful that somebody will take the lead soon rather than waiting for the OFT decision.
Putting it another way it is difficult to see why no bank or building society has bothered to defend a civil case, I certainly would not pay a claim which I believed was unjustified. Furthermore I find the approach to court cases taken by the financial institutions concerned to be very morally dubious. Banks and building societies, including Nationwide, act as if they are going to defend the claim in full (presumably in an attempt to intimidate the customer) then pay up at the last minute. If the shoe were on the other foot and I engaged in as many frivolous prosecutions as the no of cases banks and building societies pretend to defend cases would be struck out by the court.
Well the wonderful thing about a centralised customer contact centre is that nobody will connect the claim with me as long as I don't send it via my branch.
Plus it does really bother me that they're sending out the same dross to people which ignores what they have put in thier letter.
Indebtstudent, That is a piece of Art! Well worded and hits the nail straight on the head.
Nice one... Will be watching your thread with interest. 8-)
Whoo hoo Settled in Full. 16th April 07
Notice of Acknowledgement: 17th March 07
Claim Form to CC: 8th March 07
LBA sent: 8th Jan
Prem Letter: 12th Dec 06
Nationwide Claim. £2921.96
Hey I figured why not have a bit of fun whilst I'm here. I'm not really bothered about the £30 I'm more interested about getting the point across that, as well as ripping people off and misleading them, the current policy is rubbish in terms of customer service too. If I take the time to write a letter I damned well expect somebody to read it and take the time to respond.
I have toyed with the idea of sending a copy of the letter they usually send out to emphasize the point.