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taylormandy

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Everything posted by taylormandy

  1. Cheers bong, that's exactly what I needed to know! I'll make a start on this and keep you updated. Thanks for your help.
  2. Hi Bong Yes, that is exactly how it reads.
  3. Hi, I really would be grateful if somebody could advise as to whether I should send a letter regarding their ridiculous defence in the hope of getting a settlement, or whether I should just get my court bundle ready and send it off?
  4. Hi. The first thing you need to do is read the FAQ's. I realise the site is very large and can be difficult to negotiate around, but there is a thread entitled "welcome to the forum". You should find links there to the FAQs and the step by step guide. You need to be very sure you understand the processes, then start your claim. Also, start a thread in the main Nationwide forum, rather than here, in the success. We will try to help if we can.
  5. Somebody in "customer services" said I couldn't claim more than six years of charges in response to my LBA, but it was not raised in their defence. So can they now not enter an argument againt the limitation issue? Also, what are your thoughts regarding sending a letter to Charles Bacon, inviting them to settle, as their defence has no relevance to my actual claim? Many thanks for your help thus far.
  6. I can't add much more to the sentiments already expressed, but I too, am so sorry that the judge took this stance. I have followed your work closely as I am also claiming charges older than six years. I wish you well in your appeal.
  7. I've plenty of time before my bundle has to be in, so would it be worthwhile dropping a line to Charles Bacon, confirming I am pressing ahead and pointing out that his defence doesn't seem to have any relevance whatsoever to the claim and perhaps he should just settle now?
  8. Hi, thank you all for your help. The Notice of allocation to small claims track states " each party shall deliver to every other part and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing". I presume this is the court bundle - am I right? Is my rebuttal that is being talked of a statement within this bundle? I am just not sure what form this rebuttal takes. Westy, I'm sure you are right. In hindsight, I shouldn't have split the first claim, but at the time general opinion was generally to split. Thanks again Mandy
  9. Thank you all for your help. JonCris, when you talk about my rebuttal, what are you referring to? (!) Also, can they really not refer to the time limit in court as it is not in their defence? Does that mean if it goes all the way, all I have to do is prove the unlawfulness of the charges, not the Limitation Act? My notification of court date says " District Judge Dickinson has considered the satements of case and allocation questionnaires filed and allocated the claim to the small claims track". I was never sent an allocation questionnaire! Redsue, I was following your thread before Christmas, but had missed recent events. So you've handed in your AQ, but NW haven't. Where does this leave you? Why did you get an AQ and I didn't?! They paid me 24.9% previously, I wonder why they wont pay you? Good luck anyway! Bill, you are right. Nothing in their defence seems to have any bearing on this claim! Unfortunately, the money hasn't gone into a closed account. I just haven't got it! thank you all again. I haven't had to go as far as this with my other claims!
  10. hi bong, I have returned a copy of the N236 to the court and to Nationwide. The defence is: This is the third claim brought by the Claimant for refunds of account charges from the defendant since June 2006. The total amount of charges and interest debited to the Claimant's account since 1 July 2006, was £6941.79 Without prejudice to arguments concerning its liability to do so, the Defendant had refunded the sum of £6934.05 to the claimant together with interest totalling £2284.67 prior to the issue of this claim. Further charges of 7.74 and interest thereon of £3.82 was refunded to the Claimant on 15 Nov 2006. That's it! They are basically saying that they have already refunded me money. However, this is the total from June 2000- June2006. They make no mention that what I'm claiming for now is different money. It's for charges from 1998 - June 2000. I am not sure what to argue in defence of the fact that this is my third claim.
  11. Hi, apologies for posting in the general forum, but I am having no joy in the Nationwide forum. This third claim is for charges from 1998-2000. I have a court date for 9th March. Please, please, would somebody take a quick look at my thread and advise how I answer their defence regarding this being my third claim. I presume thier angle is that I've abused the court process by splitting my first claim into two. Many many thanks in advance. http://www.consumeractiongroup.co.uk/forum/nationwide/54166-taylors-nationwide-3rd-time.html
  12. I would be grateful for ANY advice. I now have a court hearing for 9th March. I need a robust response to the fact that part of their defence is that this is my third claim. (I split my first claim to keep it under £5000). I really would appreciate some help. Thanks
  13. Hi Ken, welcome. You will have your money back very soon. I just named the Building Society in my claim. Keep us informed!
  14. First of all, Merry Christmas to you all! I am going to add another query here. The advice at the time of my first claim in June was to sever it if is was over £5000. This I did and therefore made 2 claims, both of which were successful, NW settled after I filed my claims at court. This is a separate claim because it is for charges more than 6 years ago. Part of the NW defence is that this is my third claim. Does anybody have any suggestions for me to reply to this. I realise it will not be enough to tell the judge that it i was acting on the advice given, but I don't want my case struck out for abuse of the court system. I realise that this was the risk I took at the time, but can I do anything about it now? Interesting, NONE of their defence alludes to the fact that the charges are over 6 years, just that this is my third claim, and that they have already paid me money (the first 2 claims). They appear to be completely ignoring the fact that I am asking for totally different charges back (one's that I haven't had refunded already). I really would appreciate some help with this situation. Thank you.
  15. Does anybody have any assistance they can offer?
  16. I've already successfully claimed against Nationwide twice. This final claim is for charges from 1998-2006 i.e more than 6 years ago. I have got to the stage in my claim where Nationwide have entered a defence. They did not do this with my previous claims, they just acknowledged, then paid! Their defence is this: This is my third claim against them. They already refunded money to me (the first 2 claims). Now, in my mind, this is no defence at all to this, my third claim. Just because I have successfully claimed previously cannot be a defence against this claim. They have not cited the Limitation Act in their defence at all. Does this mean they cannot bring it up in court? Now that they have entered a defence, is it more likely I will need to go to court? I am quite prepared to do so, and feel confident in my understanding of the issues involved in claiming beyond six years, I just wondered what others would make of their defence. Grateful for any opinions. I need to return form N236 stating I wish to proceed with the claim, with a copy to Nationwide. Shall I send additional info at this point, or wait until court?
  17. Hi, I split my claim up into 3 parts to keep it below the limit, based on advice at the time. However, I have since read much advice which suggests claiming in one go, because the court could view repeated actions merely to keep within small claims limits, an abuse of the process. There is then the potential they will strike out second and subsequent claims. As far as I am aware, the main risk in fast track is that you could be liable for fees of £750 if you lose. Do loads more reading around the site, because there are many people who have claimed large amounts in one go and been successful. Hope this helps.
  18. Hi, just thought I ought confirm - yes I did claim (and get) unauthorised contractual rate @ 24.9%, but it was simple, not compounded. I now have another claim going through at compounded unauthorised contractual rate, but don't really want to post too much in view of the fact the NW are watching me on this site!! (Trust me to choose a really obvious username!!!) But yes, they do seem to be paying simple unauthorised contractual, don't know yet about compounded. Will let you know!
  19. My second claim was paid into my account to which I had no access. I had to go to the branch with proof of I.D (utulity bill and passport) to withdraw the money and close the account. I'm not sure where you stand with receiving all the money. As Glenn says, the judge may wll see it as reasonable that they pay you the balance once all debt is paid.
  20. Just donated!! You seem to be having more response than me! (My thread is located in the bear garden). I agree with what you say. Just giving and paypal may take a small comission, but at the end of the day, we need to be able to publicise and fundraise for the charity closest to our hearts, and these companies make it possible.
  21. I certainly had my own account closed once I had claimed my charges back and as far as I can tell, so has everybody else. You need to advise your cousin to open a new account asap!
  22. I think it was simple. ( I just changed the 8% for 24.9% in the original spreadsheets). I'll be better informed for the next one!
  23. Yes - Nationwide paid 24.9% - unauthorised overdraft rate.
  24. I've just displayed my ignorance of all things technical again haven't I!! It must just be my internet connection that is lost when I click on certain threads then! (including my own!)
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