Hello everyone, hope you all had a good Xmas.

I am new to this so need a little tlc. Please can you help me. I have written to Nationwide claiming bank charges for my daughter. She has a Flex Account. Baiscally they have written back to her telling her to go away and that she agreed to the charges when she signed in acceptance of these terms when signing the application form. Details of tariffs are contained with leaflet provided when opening an account. Does this mean she doesn't have a leg to stand on? Should she take it further? Would that mean a final demand/legal letter or just small claims court. I cant remember the amount exactly - probably around £300 to £400.

Happy New Year.

Please take your time and have a read around the site starting with the FAQs link in my signature and have a look at the step by step guide. If you have already asked for it back and know what the charges are then your next letter is a Letter Before Action and if they din't pay up then court. Once yu are ready start a thread in the Nationwide forum to keep track of your progress and ask any questions should you get really stuck.

Welcome to the CAG to begin with and I have some bad news for the Nationwide and some festive cheer for your daughter, they are wrong. First I would read the FAQ's on the site and then read the successes stories of people who did the same as your daughter, signed the Terms and Conditions and accepted them when they opened the account. They won their claim as your daughter will. She should take it further and she will win. Any further questions post on this thread and you will get all the help you need. Good Luck and have a PROSPEROUS New Year

Thanks so much, you've given me the confidence to advise my daughter to go for it. As a single parent she could do with the charges back.

Hope I can find my way back next time I log in!!

Top of the page: Quick Links - then either

1 Subscribed threads - yours will be listed along with others you have posted on

Or

2. My profile - Finds threads started by - only threads started by you will be listed

Hi have moved your posts here in readiness for your claim.

If you want the thread title changed later please pm me or another mod to do this.

Thank you. I have been looking through the FAQS and instructions and have done the Letter before Action but I am a bit uncomfortable about the paragraph drawing their attention to T of C which they agreed, and being shocked at the way they operated account. If they did give my daughter the leaflet of the charges, should se be saying the above to them>

Just as a matter of interest I had also written to RBS on daughters behalf. They have written to her offering the charges back in full. They have included the leaflet of charges which are the same and they are still going to charge in future but suggest if she does not agree to, she ought to move her account.

I suppose that is why I feel uncomfortable with the Nationwide Letter before Action.

Thanks for all the help.

Hi Schoolholidays!

Is it not a tad too soon in your daughter's Claim to be submitting a LBA???

If U have ALL the statements for the period of charges that U will be claiming for then fine.

...If NOT send of the £10 S.A.R Letter.

Then after working out ALL the unlawful Charges and any Associated Interest charged send your Preliminary Letter (enclosing a copy of the spreadsheet of the charges etc)

Next comes the LBA.

...Finally, the Filing @ Court Stage!

Hope this helps simplify the well tried & trodden Claiming proceedure for U?!...

P.S. Also check out Daily Compounded Unauthorised O/D Contractual Interest

...Which must be Claimed @ the Preliminary Letter stage + onwards!...

Thanks. we have already written to Nationwide asking for the charges back and they have refused. I thought I had read through all the info and LBA was the next step. Unfortunately I have done the letter for my daughter so its a bit too late if I'm wrong.

Hi Schoolholidays!

Please feel free to checkout the following link

...in particular #18 + #19 and the links contain therein:

http://www.consumeractiongroup.co.uk/forum/general/54212-do-i-have-accept.html

Hope this helps?!

My daughter has had another reply to her first letter. Again telling her they are good and she has to pay the charges etc. etc. but also telling her if she has any complaints she should go through their complaints procedure and enclosed a booklet on this. It also includes the banking Ombudsman. Can anyone tell me if we are we supposed to reply to this or still take the next stage if we do not receive a reply to the LBA within 14 days from that being received by them. I assume this is delaying tactics. Both letters have come from different addresses.

Thanks for any help

Can anyone tell me if we are we supposed to reply to this or still take the next stage if we do not receive a reply to the LBA within 14 days from that being received by them. I assume this is delaying tactics. Both letters have come from different addresses.

 

Thanks for any help

However...

Don't become deflected from the main issue of what U have set out to personally achieve!

Once U have sent the Preliminary Letter, Nationwide (...or any other Bank for that matter!) are obliged to follow YOUR timescales...NOT invent their own!!!

Read through the following Thread link and judge for yourself what U think U should do next:

http://www.consumeractiongroup.co.uk/forum/nationwide/56885-nationwide-defending-after-partially.html

Hope this helps U focus?!

Help. I'm pulling my hair out here! Asked our daughter to call round to fill in forms etc for court - she only turned up with more statements, more charges we had not claimed for. Anyway, I've calmed down now. I've tried to read up on this and think I have to start all over again. Am I right please. If so do I just send a premliminary letter and adjust it to apologise and claim the new amount, or should I send a separate apology/explanation letter with the prelim one. Alternatively I we bown it and just go for the original amount?

We haven't had any reply to the LBA letter.

Thanks

Hello again Schoolholidays!

Firstly...and this is very important...

Inform your daughter that she is adopted...then try to sell her on e-Bay!...lol...

Then if U haven't already done so...and so as there is NO MORE hidden statements...start with applying for her S.A.R.

Unfortunately the more people tend to rush into the Re-claiming process, the bigger the hole they have to dig themselves out of and the longer it takes for them to get their own money back!

If there was a short-cut U would have heard of it by now, I'm quite sure of that.

The whole process can take approx 3 months from start to finish.

Just keep things simple and enclose a seperate appology letter with the Template PL.

...and don't forget to Claim Contractual Interest @ 24.9% APR at the PL stage either...it can double/treble the amount to be Claimed, depending on when the unlawful Charges were 1st debited.

Mindzai has updated his spreadsheet to V1.9...Here's a link to it:

http://www.consumeractiongroup.co.uk/forum/general/51736-excel-contractual-interest-spreadsheet-4.html?highlight=Mindzai

Hope the above has helped?!

Thanks MilkTrayMan.

Excellent advice but daren't do it. I need daughter to keep sorting computer out.

Seriously I have taken your advice and applied for S.A.R. on her behalf, so waiting for reply now. Hopefully we WILL get it right this time.

Thank you for the help and advice which is very much appreciated.

Hi Schoolholidays!

I need daughter to keep sorting computer out.

...The ON/OFF switch is located on the wall, next to the plug.

Just trace the lead coming out of the back of your PC...until your head hurts!...rofl...

Seriously...

...I have taken your advice and applied for S.A.R. on her behalf, so waiting for reply now...

I don't envisage an problems, but use the time to check out Non-Compliance of your Data Request...just in case!...;-)

Hi

We've had all the statements, we sent letter requesting repayment of bank charges and now I have just done the LBA. Fingers crossed!!

Hello,

I'm back again. What a day!! I've been travelling and at the hospital all day, my father has had a stroke whilst on holiday. Daughter has brought round "Notice that Acknowledment of Service has been Filed."

I have been searching threads for a couple of hours. Its amazing I thought I had already done this several times and was ready for anything - but - when it comes to it, dont feel so confident.

We have the Notice of Issue which I assume we can't do anything with?

That says claim was issued 11/06/07

Sent to Defendant 1st class post 11/06/07, deemed to be served 13/06/07. Defendant has until 27 June to reply.

OK. We have Notice that Acknowledgement of Service has been filed dated 3 July 07. Defendant filed an Acknowlegement of Service on 18/06/07 indicating an intention to defend all of the claim. Has 28 days from date of service of the claim form etc. to file a defence.

Am I right that 28 days will be up 11 July 07? So we should hear something this week?? I dont want to mess up.

Its a bit scarry reading threads where people have been doing their court bundles. You hope you dont have to go that far. I had already been printing some of the stuff off and was amazed how many sheets there were and I hadn't done them all. Suppose I'd better be looking at it again, don't want to run out of time.

thanks

Hi

Have you heard anymore! Nationwide for me have until the 16 July to acknowledge and say if they are defending and thinking about getting the court bundle together - but scared to death of having to go to court!

Hello,

I'm back again.

The timescales that U are looking at, can be found via the following link...

The defendant disputes all or part of my claim

P.S....Offers on your Daughter didn't make the Reserve price on E-bay eh??!...

Hi,

Not heard anything yet. I understand my daughter has not had her cash card renewed and hasn't been able to look at the account on line to see what the balance is.

Have to admit to feeling nervous as to what will happen next and what we will receive next. Still nothing ventured nothing gained eh? got to keep going now.

good luck

Hi MilK Tray Man,

No didn't get rid of her and she couldn't mend the computer either!! It had to go away. Just can't get the staff these days!!

Thanks for the help - will let you know what happens next.

I understand my daughter...hasn't been able to look at the account on line to see what the balance is.

Have to admit to feeling nervous as to what will happen next and what we will receive next.

1/ The 28 deadline for the Filing of Nationwide's Defence will come + go.

2/ U will panic.

3/ U will post asking what to do next.

4/ U will panic.

5/ U will also wonder whether U can file for 'Judgement by Default'.

6/ U will panic.

7/U will be told to wait a few days.

8/ U will panic.

9/ U will be told to tell your daughter to go into her local Nationwide branch daily + check her Flexaccount balance.

10/ U will panic.

11/ U will post asking what to do next again.

12/ U will panic.

13/ U will be told to just keep waiting for a few days.

14/ U will panic.

15/ U will NOT be able to contact your daughter for some reason or other.

16/ U will panic.

17/ U WILL post + say that Nationwide have paid some, but NOT all the money that U have Claimed on behalf of your daughter.

18/ U will panic.

19/ U will be told to wait for a few days more.

20/ U will panic.

21/ U will post + say that everything that U have Claimed has NOW been paid!

22/ U will be told to inform the Court that your Claim has been Settled in FULL + to PM a MOD/Site Helper to have this Thread moved to the Nationwide Sucesses...

Of course...I MAY be wrong though!...:o

...good luck

LOL! Very good pmsl!

Yipeeee

Daughter rang telephone banking last night and there is money in the account. I can't believe they paid up in full. You were right. I shouldn't have worried. Thank you MilkTrayMan for you help and support - and patience, we would never have done it without you. Daughter is very grateful too. Thank you

The "goodluck" was meant for daniel12. Hope they are successful too.

The banks really are fools aren't they. It would have cost them a lot less if they had just paid the first amount we requested. They would have saved solicitors costs, court cost and interest.