shagtastic v nationwide story upto MCOL so far..***WON***

**shagtastic** · 11th May 2007 21:41

Hi all,

I'm new here and have already received invaluable advise from chloe jane regarding MCOL amongst other things. I can understand why a lot of people prefer to go to court the 'old fashioned way' as MCOL can be really daunting and there is no way i would have filled it all in correctly had i not come here for advise first...Also the link CJ gave me explaining the MCOL procedure was fantastic. I would have easily overlooked the fact i needed to send 2 copies of a schedule of my charges to the court before the claim is served had i not read that.

Also the templates are fantastic too..thankyou so much.

I just wanted to pick your brains regarding the legality of banks/building societies closing accounts after settling in court. I read a thread on moneyexpert which stated that Nationwide icon

(who one of my claims is against) told someone that as they are not abiding by T & C's of contract they will be closing the account in 28 days...do they haveto give you 28 days notice or can they just close the account when they please. I have a £1000 O/D with my nationwide account and have opened a parachute account icon

with alliance and leicester but with no O/D as due to unforseen circumstances (ie. ex husband emigrating and no longer paying child support) my budgeting has gone up the swanny and i have gone slightly over my O/D by a £ or 3 and the A & L state that you haveto have at least 2 days a month in credit which i do and also stay within your O/D limit which unfortunatly for the last 3 months i've tipped it by a couple of quid for a day each month so dont really want to activate the acc til i can get the O/D sorted...which i will monitor meticulously for june ( yes i've already buggered up may).

hope someone can advise

many thanks

shaz

Similar Threads:

**mrsfoot** · 11th May 2007 21:56

HI Shaz

CJ is fab and i am not surprised she has given you lots of great info!

With regards to the threat of closure, any Bank can close your account if you do not abide by the T&C, and usually it is 28 days notice. HOWEVER they cannot close your account as retaliation. The Financial Ombudsman Service frown on this and will take action if you find this is the case. Have a look at this link which will give you a clearer picture BBC NEWS | Programmes | Moneybox | Bank account closures criticised

If you find this happens to you (although I doubt it will as Banks are aware of cases being taken to fos icon

) then we will help with you making a complaint to FOS

Hope this helps

**shagtastic** · 11th May 2007 22:15

great thanks for that!

Can i ask a really dumb question? I'm trying to get to grips with the abbreviations on the threads..one that has stumped me is lba icon

? its probably really obvious but my brain is slowly turning to mush with all the info!

thanks again

shaz

**mrsfoot** · 11th May 2007 22:50

letter before action icon

...ask any question you have we all started somewhere, but a great thing for it is search...type into there and you may find the question has already been asked. Also check out http://www.consumeractiongroup.co.uk...hat-youre.html

absolutely fantasic!!

**shagtastic** · 13th May 2007 13:53

Title is self explanatory really!

Just wondered if anyone had actually won compensation...Is it true that banks/BS are less likely to close accounts now?

I was reading a thread on moneyexpert about someone who had won in court and got their charges back but during the court process their account had incurred more charges so they started a new claim with the BS who then wrote to them and basically said 'you cant have a free account and if you try and reclaim again we are going to close your account'

As it was only £60 they didnt bother,but surely the whole point of this excercise is that the charges they are charging are too high?? If the banks/BS haven't learnt that lesson after having to repay charges then thats their problem surely?

All they need to do is reduce charges to be realistic and fair!

shaz

louis wu · 13th May 2007 14:51

Hello,

Yes, some people have had accounts closed, but it doesn't seem to happen as much now.

If you are claiming, and concerned, then you should look at opening another account

http://www.consumeractiongroup.co.uk...parachute.html

At the end of the day, if they want to play games like that, would you want to continue banking with them anyway.

Louis

**mrsfoot** · 13th May 2007 16:39

HI Shaz

There has been a few accounts closed but the financial Ombudsman Services do not take this retaliatory action lightly. One case we know about (link here) BBC NEWS | Programmes | Moneybox | Bank account closures criticised

However i wouldnt worry too much about it as I think the banks realise that consumers will not put up with this and will make a complaint to the fos icon

**shagtastic** · 17th May 2007 12:30

24/2/07 request S.A.R - (Subject access request icon

) (received statements within 40 days sent special delivery)

4/4/07 sent letter to Nationwide icon

requesting payment of £721 (without interest icon

added)

15/4/07 received letter back saying ...eh...na (dated 13/4/07)

30/4/07 sent lba icon

to respond within 14 days

16/05/07 claim issued MCOL this time i added the statutory interest for each charge so total claim is now £981.86 plus court costs of £80.00. (claim will be served on 21/5/07 they have until 4/6/07 to respond)

16/5/07 posted 2 schedules of charges with the template letter to court to attach to claim and send with claim when served to nationwide

17/5/07 received another letter from nationwide saying sorry but we still not giving you your money. Really..didn't see that coming....

anyway, thats me so far on this particular claim.

thanks for looking and wish me luck!

**shagtastic** · 17th May 2007 12:32

24/2/07 request S.A.R (received statements within 40 days sent special delivery by Nationwide icon

!)

4/4/07 sent letter to nationwide requesting payment of £721 (without interest icon

added)

15/4/07 received letter back saying ...eh...na (dated 13/4/07)

30/4/07 sent lba icon

to respond within 14 days

16/05/07 claim issued MCOL this time i added the statutory interest for each charge so total claim is now £981.86 plus court costs of £80.00. (claim will be served on 21/5/07 they have until 4/6/07 to respond)

Also posted 2 copies of schedule of my charges to the court with the template covering letter asking to attached to claim when served.(very important!)

17/5/07 received another letter from nationwide saying sorry but we still not giving you your money. Really..didn't see that coming....

anyway, thats me so far on this particular claim.

thanks for looking and wish me luck!

nb...sorry i posted this twice by mistake..this is the correct post though as i meant to edit the other one to add the fact i sent schedule of charges but appeared to duplicate post!

**PPMAN159** · 17th May 2007 12:34

They will no doubt defend the claim but do not panic.

They did this with my claim and then they sent me a letter about a week after in which they repaid all of my charges,court costs and interest icon

.

So stick with it-it will all turn out ok in the end.

**chunky1977** · 17th May 2007 16:21

quick question. Sent MCOL off on Mon night, put in the notes about interest icon

but forgot to add it on my claim. Not to bothered about the amount but am worried that it may ruin my chances due to incompetence.

**PPMAN159** · 17th May 2007 16:24

I would not think that it would make a difference as surely it is up to you if you claim interest icon

or not-just means less for the banks to pay out.

**shagtastic** · 17th May 2007 23:52

Hi all,

I posted the following on the MBNA icon

board but no-one has responded and am a bit anxious now!

can anyone advise?

shaz

hiya,

i was just reading through a post below..sorry cant remember who it is now...:-|

but when i requested the S.A.R from MBNA they just sent me a list of all the charges which they levied to my account..after reading the above post i read that this list is insufficient in court! and i should have had statements..problem is i've started MCOL last week (see my post below)

Have i buggered it up for myself now? The list MBNA snet does state what each charge was for..the date etc..why would the court not accept this?

When i sent off the schedule of charges to be served with my claim i just sent it in my own format which i created on my pc which obviously had all the info so surely this is what the courts will have to peruse?

help!

just checked-it was jw-v-mbna thread

**shagtastic** · 19th May 2007 21:58

after filing my claim through MCOL i sent a copy of my schedule of charges to the court but just realised i put the amount on the letter without adding the 8% interest icon

which was on the POC icon

.

have i buggered it up?

will they take the amount on the POC as being the amount or the letter to the court?

should i send another letter to the court?

thanks

**Michael Browne** · 20th May 2007 10:01

will they take the amount on the POC icon

as being the amount

Yes. Presumably your schedule shows the 8% interest icon

calculations and that tallies with your POC's.

**shagtastic** · 20th May 2007 12:58

I've just checked details of my claim, if i can just tell you what i've done...hope i haven't buggered it up.

With the Nationwide icon

POC on the ...return of the amounts debited..i put £721.. this is the amount of charges without adding the 8% interest icon

then on the next bit where it says 8% interest i put £260.86 whcih is 8% interest upto date of claim for all the charges. I never put in the grand total on POC just the 2 seperate amounts. Except where it says amount claimed the grand total is there(grand total is 981.86)

On the attached schedule of charges it shows each individual charge, what its for, then statutory interest for each charge, then total amount at bottom. this is all the same as whats on the POC.

I believe the mistake i made was i should have put toital amount debited at 981.86 then added on a further 8% interest on the POC..is that right?

Please tell me i haven't mucked it up!

I've also claimed for MBNA icon

but in total amount debited on POC i put charges plus interest then added on the further 8% but the schedule of charges just shows the charges and 8% interest on charges. Not the court amount of 8%

Which is the right way?

**shagtastic** · 20th May 2007 13:43

I've just realised i've made a mistake on my Nationwide icon

MCOL POC

!

for the amount debited in the POC i put the total of charges without the 8% interest icon

and in the next bit i just put the interest for the charges upto the date of the claim. I realsie now i should have put the total of both amounts in the first bit then added the extra 8%!

Can i amend the claim? its due to be served tomotrrow i think

pls advise!

**shagtastic** · 20th May 2007 16:13

anyone?

**sea-sidelady** · 20th May 2007 22:47

Yes you can amend a claim, but it will cost £35 which is non returnable.

You will need to fill in the N244 icon

form.

http://www.consumeractiongroup.co.uk...on-notice.html

**MilkTrayMan** · 21st May 2007 12:34

..

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