thanx for this !

fair enough thanx for this advice and your patience ... in the 14 days shall I include weekends or do i just count 14 working days ! ?

But why... they have allready replied ! ? I can see why I should wait 14 days after the lba as i said that i will take them to court . but the prelim states that ' ...you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect'' they have not responded positevely within this time period and thus i will give them a letter before action giving them a further 24 days in which to reflect.

Why wait ? if they replied ....they replied right ?

8 days after posting the prelim letters for ntwide credit card and my flex account I received a reply for the ntwide credit card. It stated that they will only pay the difference on any charges over the 12 pound limit. They quoted the OFT saying that 12 pounds are fair. They also said that they would return this balance to my account even though the credit card is closed due to me defaulting on it ! I am still waiting for a responce for the flexaccount. I quickly drafted a letter for my responce. Shall I posted now or wait for the 14 days to fully expire ? LETTER BEFORE COURT ACTION Dear Sir/Madam Regarding: Nationwide Credit Card Services: Gold card number: xxxxxxxxxx. I am very disappointed that you have failed to positively respond to my letter of the xxxxxx. Furthermore may I add that the OFT recommendation is not legally binding and that I am very much aware that you have been refunding the full amount to other disgruntled customers of yours as it is clearly shown with the amount of cases you have settled in full and unconditionally so far. Due to recent media coverage on credit card charges and my enquiries to legal professionals as well as a number of financial recovery companies specialising in this field, I now believe that you, Nationwide Building Society have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in her obligation, to pay a disproportionately high sum in compensation. I now believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss. Furthermore if you fail to comply with this letter, I request without further notice a breakdown and proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e). I also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against and you are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action. Therefore I require you to refund me a total of £3000, representing the total, unlawful amount which you have levied from the aforementioned credit card account during the period xxxxxxxxxxxx.For your convenience I am again attaching a spreadsheet with the charges, I have already sent you a copy of this in my original letter of the xxxxxxxxxx I hereby give you a further 14 days to reply accepting my request and letting me know a date by which I will receive payment, preferably in the form of a cheque, for the full requested amount. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in my local county court without further warning. This action will inevitably involve you in additional costs (court fees, your solicitors fees, claimed statutory interest etc). I will expect that the monies will not be placed back in my credit card account as it is now closed and as I will be exercising my first right of appropriation for these funds. If you are uncertain of what this means then please contact your legal team.

the bbc is using the 8% as leverage for the claim. It states : that it is in the interest of the bank to pay up or risk having to pay interest in court .

Please let me know what is it in the BBC template that is wrong ?

thanks for this mate

Hi I am gonna post a series of Prelim Letters and in most of them the earliest charge I am claiming for in the 12th of July 2001. My concern is that when it comes to the court stage I will not be able to claim it because it would be more than 6 years by then. Is it from the prelim letter that the 6 years apply ? Thank you :confused: :confused:

thanx and damn !!! contractuall claim out of the window now !

halliday is the Judge ... and in your search there is absolutely no info i can find validating that there was a hearing a bout hbos on the 8th of june with this judge

why not ?

really ? what is the link ? I could not find anything on google !

I don't want to be a c... but dad may as well be a bank employee! I mean he is not giving us any specific details so that we check them ourselves .... I will reserve my judgement untill I see proof.

what sort of extra grief did they give you for claiming contractuall ? Why dont everyone do it ? What sort of dangers are they if your claim is less than 5000 ? thanx

So would anyone care to share details of their succesful claim including letters and particulars of claim that have been succesfull in this domain ?

Has anyone actually got money back + contractual interest ? By this I mean not getting back the interest they charged you on the charges. I mean the interest you charged them for taking the charges ! Has it ever happened please let me know !

Thanks for this claire .... I will need your help in future .

Ι am slowly becoming a BANK :o

They called me again saying that they can trace statements for 2 whole years ! I said that this is rediculous and as I have defaulted on the credit card and they took a charge on my property for the alleged debt they must have them statements or instantly they should wipe off the debt I incurred in the said years. They said they will investigate further. Hey I got an email reply : Thank you for your email. I have been advised that all available statements will be despatched to you on 06.06.07. Once again please accept my apologies for the delay you have experienced in receiving your information. Kind regards " to this I replied : 'Thank you for your prompt reply. I will expect that you will comply with my S.A.R and provide me statements relating to the period of time I specified. I find it difficult to understand what is it that you mean by stating that 'all available statements will be dispatched" Surely all statements of my credit card account should be available regardless. I hope that Nationwide will comply fully with my S.A.R and provide the information I requested for the time period I requested. If the information I receive does not cover the whole time period requested in the S.A.R you received on the 20th of feb 07 then I will have no other option but to issue a formal complaint to the FO and the ICO or pursue a claim to the county court which has the power to force you to comply with my request as well as award damages. ' How do you guys think I am doing so far ? Do you think they are trying to be funny with this .... they are so polite in the phone and they did admit they delayed the claim and that it was their fault.

I Waited and waited and nothing has happened .... not delivering what they promised. I received a call saying that I should give them another coupled of days. So I emailed again " In our previous correspodence in regards to your outstanding non-compliance in regards to my subject access request received by your department on the xxxx 07 you reassured me that I would have a reply by Monday the 4th of June 07. Unfortunately this hasn't happened yet as I have not received the aforementioned credit card statements. Frankly my patience is wearing thin. The next stage will be either a formal complaint to the FO, the ICO or the county court which has the power to force you to comply with my request as well as award damages. It is clear to me that reasonable time has been given to you. Nevertheless, due to yourself promising that Nationwide will comply with my request I am willing to wait for an extra 4 days. Thus I will expect that until the 7th of June I will receive the information you now unlawfully withhold. Thank you

I got another letter saying if they could have a copy of my initial S.A.R. I emailed them the following : " Please find attached a copy of the original letter I sent to you, delivered by Royal Mail's next day Special Delivery on xxxx I require a formal Data Protection response to this in reference to my initial application received by Nationwide Building Society 91 days ago. As we discussed on the phone earlier, I require a complete list of transactions and charges relating to my Credit Card Account fromxxxx xxxx up to xxxx You stated that you have requested a copy of all my credit card statements to be forwarded to me, which I should receive by Monday 4th June and I can confirm that I am happy with this. As I mentioned, I am not interested how you meet your obligations, (contacting credit card services, etc) just that you do. I'm stunned at how my original letter can go completely astray in your department yet the postal order enclosed with it is banked the very same day! Nevertheless, your sincere personal assistance has been noted and very much appreciated. Yours sincerely

Hi all... Nationwide wrote to me saying they LOST they S.A.R letter and do I have any evidence of this. I wrote back sending them a photocopy of the royal mail registered delivery page including a scan of the signature of the guy that received the letter in their data protection department. The letter was authored by a Susan Taylor. I also included a photocopy of the postal order that was CASHED ! Further to that I reminded the that they are not following the law as there has been 93 days since the S.A.R was issued.

I never said that I send an S.A.R to MCOL .... just stated that it was also lost in the royal mail :o

tell us their name ! was it phoenix financial recoveries... at least they hire a barrister in case 1 in a million they ask you to go to court ....you don't actually have to.