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.
Nationwide are not liking this claim for excessive unfair bank charges are they??
My husbands very short story goes like this :-
Wrote prelim to Nationwide on 19th April (downloaded it from the BBC financial website)
Got a letter from the monkeys dated 20th April reading :-
At the time you opened your account you agreed to abide by the terms and conditions clearly setting out how accounts should be operated.
Charges are applied to a members account when the account exceeds its agreed overdraft limit or a payment is retuned due to insufficient funds. We notify you of the charges incurred, on your monthly statements and charges are debited from the account 28days after the statement is produced. We'll try wherever possible to help you manage your account but it is ultimately your resbonsibility to ensure funds are available to cover these charges and any further payments that are due.
After careful consideration of your request. We're sorry that we cant agree to your charges being refunded. Only in exceptional circumstances do we refund charges and on this we feel it would be unfair to other members who find themselves in a similar situation and whose charges still remain, We realise that our answer will disappoint you however we trust we have clarified the society's position.
Also, have you used the spreadsheets to calculate the interest you will be claiming (applicible from when you file at court)? I would advise doing this sooner rather than later, becuase it can take a while to work out, especially depending on how much experience you have with spreadsheets etc.
Power tends to corrupt; absolute power corrupts absolutely - Lord Acton.
Advice offered by MattyH is without predjudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt. Please research any information I have offered, as I will not be held liable for any incorrect advice i've given you.
<--------- If my advice has helped, please tip my scales. 8)
Today (30/04/07) we posted off the lba to Nationwide, Recorded delivery to assure they can't deny getting it of course. 13 days, 21 hours and 15 minutes for them to reply lol. I'll be very impressed if I even get a reply to be honest so we're keeping up the effort and planning the next step already. The N1 awaits eager vengance now. Will keep you informed if anything happens in the mean time.
Makes sense to start planning the next stage Lisa because it is very unlikely that NW will reply to your lba,and even if they do, it will some pre formattted letter that will probably say more or the less the same things as their original fob off job.
As per our expectations really. I had no thoughts of mugging the postman in the morning anticipating a letter with something nice written upon it!Anyhow, this is a pretty much redundant account these days as we have opened a joint account elsewhere so if they get on their high horses and close the account, it's no real loss. We'll keep fighting until the death though, nothing ventured...nothing gained eh?
Right well today we have checked the Royal Mail recorded delivery thingy mabobby and it showes that the lba has been recieved by Nationwide. We shall sit tightly for a reply
yeah...we will end up at N1 stage, i'm filing this manually as I am on benefits and understand that I may be able to an expemtion. we are off to the local court on Tuesday to pick up the necessary paperwork and obviously reading as much as we possibly can on this site. Its been such a great help to us!
Ive filed my claim via the N1 route.. if you go to the bank templates library then particulars of claim - N1 - hard copy version the form to fill in is there with help in how to fill it in.
Also I am in receipt of benefits and filled in form EX160 which you can find on the HM courts service website.. you can fill all these forms in online then print them off.. saves having to go to the court just to pick the forms up.
Please make sure when you do file your claim that you have a letter dated within the last 30 days confirming which benefits you are on.. I made the mistake of going to the court to file my claim but taking a letter dated January this year and they wouldnt accept it.
Hi there julien35 I will certainly take your advice on your post!!! Much easier to dowload and send off application then to go there fill in and send back.
I shall dig out some letters to confirm that I am in reciept of benefits. im not sure if I have any dated in the last 30days tho.
Lisa
I am at the same stage as you. Sent lba 3rd May and have prepared my N1. Is it 14 working days from the date on the LBA or just 14 days straight? Just a thought. 18th May I will be down at the court!!!
Jane
Its 14 days straight! including the bank holiday HoooooRaaaaaaaaaaaay! Its the same as the bank....when they say they are taking the money in 14days they mean 14 days. Give them not an inch to spare as they will waste as much time as possible. Race you to the next stage hahahahah!
Lisa
This is my husbands account we are doing at the moment, then i may do mine and we had a joint account which is now closed but i wonder if we can do that too?
My other half hasnt used his account for 6 months and the Nationwide took him into an unauthorised overdraft and have been charging him the pleasure ever since. I am looking forward to getting my own back.
Glad I found this forum though as it can be a little daunting at first
I shall watch your thread with anticipation of what will happen to me a few days after each stage!!!
Jane
This Nationwide account is my husbands too, same scenario not used for 6months and is overdrawn because of their charges! Yes u can claim on the closed account as they have to keep records of it all but when you win your claim you will be paid by cheque! Nationwide claims can be paid out within a month of the prelim letter but that depends on how lucky you are. We have started to look for 4leaf clovers and lucky rabbits feet LOL
If you cant find a letter dated in last 30 days you can ring up the benefits office.. tell them you just need a letter confirming you are on benefits as you are filing a claim in court and they will send you one out.. thats what I did..
Hi julie, I'll do that then, I'll give Incap a ring on tuesday morning hopefully i will recieve something by the end of the week so I can send my exemption in A.S.A.P hehehehehe
Hi Lisa
I'm just about to do N'wide for a smallish amount. I got £2,000 from HSBC last summer. Just keep going and you'll get it. I've opened another account in case N'wide close mine. I opened it because of the HSBC claim and just because a new DD claimed on the wrong day they rejected it and charged me £30. I wrote (recorded) to claim it back saying I was very tight for cash and badly needed a sight test and specs which that £30 would go toward. They told me to f off. Utter t...ts.
Go get 'em.
Denver
We tried to arrange to pay back the unauthorised overdraftNationwide created!! They didnt want to know at all said that 'they were sorry we were experiencing financial difficulties' and basically f off like you said. This was before we discovered you can reclaim your bank fees.
I just find it mad that we offered to sort out a problem THEY created and they still said no!
So now I feel very justified in claiming back our money THEY took
Jane