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Everything posted by petewill19

  1. Thanks patdavies. The fact that there is legal precedence reassures me that it is worth fighting this one, but in the first instance I will write to the Chief Constable enclosing copies of photographs and ask that the FPN is withdrawn on the basis that the road markings and the sign are inadequate. I will point out that I am prepared to let the courts decide but it would be a waste of everyones time and money if it was allowed to progress that far. I know of other FPN's being withdrawn following a written appeal in this way so it's certainly worth a try. I will also, as you suggest, question the authority of PCSO's to issue FPN's for parking 'offences' other than obstruction.
  2. Last week I parked in a hurry to get to the bank before closing etc etc. and left the car off the road with the nearside wheels on a section of what should have been double yellow lines. I say should have been because the outer line was indistinguishable for the length of where the car was parked. There is no footpath as such and I was not obstructing the road. The 'No Waiting' sign on the nearby lamppost had been turned 90 degress and was not visible from the road side. It was also daubed with paint and partly obliterated. I took photographs at the time of finding the ticket showing the car parked 'illegally' and then having moved the car, clearly showing the incomplete section of yellow lines and also one of the sign. The wording on the ticket - issued by a Police Community Support Officer!!! - reads 'No waiting - Parked on double yellow lines'. The question is can I fight this FPN on the basis that a) the double yellow lines were incomplete - even though elsewhere in the area they seemd to be OK and that b) the no waiting sign was inadequate/wrongly positioned and partly obliterated?
  3. I was sorting through some paperwork today and discovered a mortgage redemption statement from Kensington Mortgage Company for a mortgage that was settled in 2002. There are a number of items listed on this statement including sealing fee, sundry debits, solicitors costs etc but two items stand out - one is Interest of approx £1500.00 which I believe is justified as a statement of normal interest charged to the account. The second is 'Redemption Interest' of approx £5500.00 and would appear on the face of it to be a penalty for repaying the mortgage early (even though - as I believe - there was a clause in the terms and conditions concerning early settlement charges) Has anyone had a similar charge applied when settling a mortgage early? Is this charge lawful or should it be seen as an unfair penalty in the same way that bank charges are being challenged as unfair penalties . Any assistance would be greatly appreciated. Is there a separate forum in CAG for mortgage redemption penalties?
  4. Hi Megellan Based on threads I have read over the months, this is standard for NWide i.e. poor communication and you may well find that they will need to be prompted into action as there have been more than a few S.A.R.s that have exceeded the 40 days recently. Hopefully for you, they will be getting their act together and dealing with the demand and you won't be kept waiting too long. Good luck
  5. Hi pears 23! It's the usual nonsense from NWide I'm afraid i.e. total lack of meaningful communication. In common with many other peoples claims my charges were refunded 20+ days after acknowledgment with no warning , no letter informing me it would happen etc etc - it just started appearing in my account and then approx. a week later a letter arrived advising me that the refund had been paid and a breakdown of the charges, interest, court fee etc. Some claimants did receive a letter telling them basically that they (NWide) would not refund their charges and the money then appeared a couple of days later!!! So, sit tight and wait!!! Check your acount from time to time - it won't be long now!!
  6. Hi Gazza01 Just in case........when I was totalling up my charges I initially made the mistake of including the figures from the 'notification of charges' sheets that accompany each statement. These are issued with the statement in the month before they are actually applied to your account. Including these figures in effect doubles the total that you can actually claim and I realised my mistake before I sent anything off to Nwide. I believe others have made the same mistake and thought I should point it out........just in case!!!
  7. Hi monkey_man This a just another version of the standard FOB off letter which you should ignore. If you are following the tried and tested procedure in this forum, the next step is your Letter Before Action which you should send 14 days after they received your preliminary letter. Stick to your timetable and don't allow them to divert you with their tactics. Go for it!!!..... and good luck
  8. Hi skwest Welcome to the Nationwide forum. You will find lots of useful info here and plenty of people willing to help you through the process. Keep reading through lots of threads, take a lok at the FAQ's, and follow the step by step instructions and you shouldn't go wrong. In answer to your two questions; 1) Nwide will only pay up after you have filed a court claim. Recent successes against them suggest that it will be right down to the wire (in terms of court deadlines) before they cough up!! In the meantime they will use all manner of delaying tactics to try and put you off and 'scare' you into backing down from court action. Don't be intimidated by their actions, just stick to the tried and tested procedure and you will succeed. 2) Nwide have now stopped closing accounts after successful first claims but issue a warning to abide by the terms and conditions in future or consider banking elsewhere. There have been a few cases of withdrawing overdraft facilities during the reclaiming process but it remains to be seen whether this is a new tactic that will be applied in every case or if it only applies where the overdraft is constantly or regularly over limit. Just another factor to consider. Hope the above answers your queries. Good luck with your claim - not that you need any. If you have any more questions, post them here, there are always plenty of lovely people willing to help and share their expertise and experience.
  9. Hi EIDel There's no need to start the whole process again. If there are more charges to add to the claim send in another LBA pointing out that due to these added charges the amount claimed has been revised (you don't have to tell them how much interest is being added - that goes on the MCOL particulars of claim). Then prepare your court claim ready to submit after 14 days. It is unlikely that you will get a positive response to the new LBA although you will very likely receive another FOB off letter and maybe a suggestion that you take up the 'complaint' with the FSA etc etc. Ignore all of these delaying tactics and stick to your timetable. You are in control. If you are only claiming additional interest due to the delay in submitting your court claim then go staight to MCOL now, don't bother with another LBA as they have been warned that you will be taking them to court even though it's been longer than the 14 days. You have, after all been very reasonable and given them plenty of time to respond with a refund!! I hope this has been helpful. Go for it and Good Luck.
  10. Hi James2001 There's no such animal as a reputable, reasonably priced 'No win, no fee' service. They are parasites in my opinion, charging vulnerable people silly money for something that in effect costs very little!! I guess it really depends how much you want the money back!!! I am incredibly busy with work/life/family etc etc. but I felt, having checked through my statements, that is was worth putting aside a few minutes here and there to feed all the charges into a spreadsheet (which then very easily/quickly does all the calculations for you) write a couple of letters using the templates available on this forum and then fill in a MCOL form, on-line, for the court action. Added up it doesn't amount to a great deal of time, costs you the price of a couple of recorded delivery letters and the court fee (you will get that back anyway). Do you have some idea of how much is at stake - I was surprised when I added up six years worth of charges on my account - but even if it is only a couple of hundred or so in total it's still a useful sum of money and it's yours!!! 'No win No fee' services are a con - basically because if you follow the tried and tested - step by step procedure on this forum you will win back your charges and you won't be liable for a hefty commission charge. The only people who have not won their money back are those who have tried to do it their own way, made silly mistakes having ignored all the advice freely available on this forum, tried to by-pass the system, left out vital information and just tried to 'take the banks on' on their own. It is your money and your time. How you choose to spend it is your choice but if you choose to follow the CAG procedure, you will get all the help and encouragement you need here. just ask!! All of us have been there and done it or are doing it now and we have all been helped and encouraged by each other at some stage. Whatever you choose - good luck (not that you need it here!!!)
  11. ......and it makes a big thing about being PROUD TO BE DIFFERENT when in fact it treats it's customers no differently to any other profit making, shareholder-driven financial institution. It will be interesting to hear what 'members' have to say at the next AGM about NWides policy regarding bank charges and a recent statement from their Chief Exec elect. Anyway....sorry Poppy, mustn't hi-jack your thread to air my opinions any more. Hope you get what's rightfully yours very soon.
  12. Hi again Poppy07 Yes - just like that. No warning or anything!! A letter followed in the post about three days later saying how much they had paid and what they had paid (charges, s69 interest, court fee). It also went on to say that if I wasn't prepared to abide by the T's & C's in future that I should go and bank elsewhere - or words to that effect anyway
  13. Hi again - seems that you've already had a similar reply during the time I was interrupted mid-posting. Anyway I'm not so sure that NWide would accept it as a 'legal' defeat. They're simply not prepared to go into court to justify their charges and would probably argue that it would cost less to settle out of court as they currently do. They still believe that people will be too scared to take them to court - not us though eh!!! Go for it as Kelly101 says!!
  14. Hi Spiff500 I'm sure there is no reason why you shouldn't start a fresh claim for the recently added charges. There are no legal reasons to stop you. One thing to bear in mind is that after your current claim is settled, you will get a letter from NWide telling you that if you are not prepared to abide by their T's & C's in the future you should consider banking elsewhere etc. Starting another claim would therefore very likely result in them closing your account. You've probably set up a parachute account in any case so that shouldn't make too much difference
  15. Hi Poppy07 I would wait a few days before you do anything else. My claim was recently settled after 21 days, several others around that time had a similar wait before being paid and there are currently quite a few still waiting for payment having gone beyond three weeks. Your claim will be in the queue and when you get to the top of the list you get paid!!! It could go right up to 28 days though.
  16. Hi BibiS Well done! Good luck with your claim and don't hesitate to ask if you're not sure about anything. There are loads of people on this forum who are very generous with their time, experience, help and encouragement. You don't have to be nervous of the banks...after all they're afraid of going in to a court room to explain themselves, they're not closing all claimants accounts now and all these claims going through are costing them BIG money, not just refunding the charges but court costs, extra staffing, administration and so on. You've got the upper hand and we're all with you!!! Onwards and upwards as they say!!
  17. Hi Stewpot My claim was paid on 19th March, 21 days after acknowledgement (along with a few other people's claims around that time) they are now taking longer and getting close to the 28 days. I guess you'll have to find something else to chew on............??????????
  18. Hi RichardP Chill Chill!!! Going by current timescales from acknowledgement to pay out, you will probably have to wait another couple of weeks. Some claims seem to be going close to the full 28 days. NWide seem to be very busy for some reason??? Anyway, don't worry, you will get paid. (says he, who was getting very twitchy and checking his account 2 or 3 times a day after a couple of weeks waiting!!! )
  19. Hi 'Raypool' Standard procedure from NWide I'm afraid. What it really means though is that they will put your claim in a 'spreadsheet' queue and when your name gets to the top of the 'screen' you get paid!! In the meantime they will probably go as far as saying in their defence to the court that they dispute the whole claim even though they may well have paid out by then!!! It's farcical really and an abuse of the court system. The time from acknowledgement to paying up is currently 3 weeks or more - probably due to the demand and a backlog!
  20. Hi all Like you I was getting rather anxious having had my MCOL acknowledged on 27th Feb with NWide saying they intended to defend and then nothing happening.....nothing.......checking my account twice/three times daily........nothing..........until I checked my statement on-line on the 20th March to find four separate payments credited to my account late the day before. These equated to all of my charges, interest @8% (s69) and the court fee. Since then I have noticed that other payouts have been taking 3 weeks from acknowledgement and in some cases a couple of days more. I reckon they have an increasing backlog and can't keep up with the demand. They haven't yet failed to pay up to the best of my knowledge - I'm sure I will be corrected if I'm wrong.
  21. Hi Tractorgirl If the amount you have claimed isn't going to change, I would proceed with the court action. You could still include the £10 fee for your SAR in the total of your claim as the reason for requesting copies of your statements was to confirm the unlawful charges applied to your account, regardless of whether you had all the original statements to hand or not. Hope this helps and if anyone disagrees with me...it is only my humble opinion.
  22. Hi 'Cerisemercedes' IMHO It would be advisable to send another Letter Before Action referring to your previous letters but advising them that as they had not refunded your charges following your last LBA you will proceed with court action without delay. In other words let them know that you still mean business and that they have had long enough to do something about it and time has run out!! You will probably get another fob off reply but process your N1 (or MCOL) anyway.
  23. Hi Whiskas The general trend, I believe, is to NOT close accounts now (unless you are pursuing a second or multiple claims). I think i am right in saying that all of us who have had a settlement/part settlement in the last few weeks have had a letter detailing the refunds and saying basically that they (NWide) cannot offer a 'free' bank account and suggest that if we are not prepared to abide by their Terms & Conditions in the future, we should bank elsewhere. I believe several subscribers to this forum were in the process of filing complaints for retaliatory account closures against NWide, through the Financial Ombudsman Service, after Alliance & Leicester were fined for the same action. Hope this answers your query and if anyone else can confirm this....or even correct me....then please do!!
  24. Go for it 'Rightfully' - ignore all the time wasting fob off stuff that NWide keep churning out. It's a case of head down and charge...and we're all with you. You may get another similar letter trying to deflect you into the ombudsman route (8 weeks to sort that diversion out) - ignore that one as well, don't even contemplate replying. It's 14 days from the date of your LBA and then file your claim at court (unless by some miraculous turn round in their handling of these claims and they pay up within the 14 days....I haven't heard of any reports of pigs taking flying lessons recently!!)
  25. Thanks 'Rightfullymine' I'll be looking myself and all assistance will be most welcome.
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