LBA = Letter Before Action

RedSue / Quest, I received a cheque for £1269 on Friday - the very day that they had to supply a defence to Court by!!!!....I won a full re-imbursement totalling over £4K. I waited about 3 weeks, my local county court informed me that they asked the Nationwide to file a defence by 9th March...the day I got the cheque. I telephoned the Nationwide after submitting my Allocation Questionaire and I wrote to them informing them that I was pursuing the claim all the way to the end and that I accepted their initial payment as a partial settlement. When I spoke to them I pointed out that I was £1K short, they told me that was all I was going to get, following which I said "I don't think so, politely requesting that they could save the court hassle and pay me now, which they declined. Their delaying tactics were sublimly ridiculous as I ended up with extra monies as a consequence of 8% interest. I wonder how they explain that level of incompetence to their shareholders etc? Hey ho, still can't wait for what the OFT are going to say to the banks...and by the way I am pursuing a complaint to the FOS re closing my account down. Good luck to you all....your success is but days away. KenSpe

Update Alert!!! See my thread on the main NW board.... Victory!!! ....cheque for £1269 arrived this morning....unbeleivable as I was expecting a more drawn out process. Now for the complaint which wll end up with the FOS. Keep going it is so worth it! All the very best to you all and Thanks!!!!!

Hi everybody,:o Today I rather unexpectedley received the final settlement in my claim. A nice lovely crisp cheque for £1269 landed on the mat accompanied by a letter that stated; "...after further investigations, we've refunded another £1000 in charges and £269.90 which represents interest calculated at the court rate..." Coincidentally, today was the deadline for them to file their defence. The entire process from instigation of MCOL took less than 3 months. Many, many thanks to all who helped, particularly this web site (which I have recommended widely). Donation as soon as I clear the cheque. KenSpe

Quest, I did three things when I ws n your situation; 1) Read a lot of threads, including other banks to get a feel for what might happen and gather help. 2) Telephoned the Nationwide HQ and asked them whay they had not re-imbursed the full amount of my claim and informed them that I would pursue this to the end. 3) When MCOL asked me I the claim had been settled I informed then only partially, whereby the case was transfered to my local County Court and I filed a continuation of the claim for the outstanding amount via the Allocation Questionaire. In my case NW has to file a defence by today, I await the outcome. KenSpe

Hi Folks, Update Time. Yesterday I received a General Form of Judgement or Order from the County Court which identified to the Nationwide; "Upon reading the court file IT IS ORDERED THAT 1. Unless by 9 March 2007 the defendant files acompleted Allocation Questionnaire the defence and any counterclaim shall be struck out without further order". It would seem therefore that my claim will be won by default!! I expect to hear from the Court a week on Monday, hopefully good news. KenSpe

I heard from the local County Court today. The Court have reminded the Nationwide that they have until Friday 9th March to file a defence, which they have not done as yet. If they fail to defend then the claim defaults in my favour and I will finally receive the £1045 that they still owe me! Unless that is I get to send the bailiffs in?? KenSpe

Well, here I am still waiting for the local County Court to offer me a slot. Since posting my continuing claim to them re the outstanding £1045 that the Nationwide still owe me I have heard nothing. KenSpe

Update time. Almost another week has passed since my last post. Nationwide still owe me £1045. The old account closed and they posted me a cheque for £3.45! I have yet to hear from my local County Court re the continuation of my claim, suffice it to say that date for submission has now passed...has anyone out there experienced this stage yet? I have e-mailed the FOS with my detailed comlaint re Nationwide closing my account (a obviously punitive action) and the incomplete settlement...as yet no response. Look forward to your replies. KenSpe

Todays Update Nationwide are closing my account on 11th Feb, but they still have £1045 to re-imburse to my account. I submitted my Allocation Questionairre over a week ago (I have heard nothing from my local County Court as yet). I telephone the nationwide last week to ask them when they were going to complete their re-imbursement of my claim, but the nice young lady couldn't handle my call and asked me to write to them, which I did. As they still have not paid me the monies owed I called them today...and was told the money that have re-imbursed already is all that they intend to re-imburse. I am not really sure as to what will happen next and how they will re-imburse me the final monies once the courts instruct them to do so? Any help would be gratefully received. KenSpe

Hi KitKat35, I am going to identify that I am pursuing the remainder of my claim and acknowledge acceptance as a partial settlement the 75% of my claim that has been met. I will request further guidance from the court. I have stated that I may wish to submit expert opinion with regards to the law and if required I will appoint a lawyer and charge the Nationwide for the costs. Good luck KitKat35 Keep posting! KenSpe

I am just completing the Allocations Questionaire and pursuing my claim in full as there is the small matter of £909.00 outstanding from my original claim. Is there any info or advice anyone can recommend when completeing the Other information section of the form. My Nationwide account closes on 11th February. Any help gratefully accepted. KenSpe

Help!!! Nationwide have filed a defence for the £909 thwy still owe me and I have until 13th Feb to submit my 'Allocation Questionnaire (small claims track). 1) - Is my claim is now for remaining £909? 2) Do I need a lawyer? 3) What advice can folks offer before I continue? Best wishes KenSpe

KitKat35, Sounds similar to my situation. Nationwide are defending £909 in unpaid charges that I have claimed (which is incidentally 25% of my total claim). I asked to proceed and I received papers from Northampton County Court stating that the matter will transfer to my local county court. I intend to pursue the matter and require advice. I have as yet not sent the Nationwide a letter as suggested earlier by Allyxia.

Another Update, No news I'm afraid. Nothing has appeared in my account except for the refunded charges for this months that were promised. The account closes on 11th February, so everything is shifting over to my new account with the Alliance & Leicester...hope the wages go in OK! Charles Bacon, if your reading this site....I am still waiting for my £909.00 and I am pursuing it through the Court...all the way. Best wishes and good luck to you all. KenSpe

Hi Folks, Sorry for the delay - busy time, work, storm damage and so on. LU1 - see Milk Tray Man's excellent advice earlier on in my thread...don't do the NW any favours, they are dragging everything out as long as they can just to save money and wind us ll up, but hey, we can wait.... 1) I posted (signed for) the MCOL court papers stating I wish to proceed yesterday. No letter or info the Charles Bacon. 2) The court papers, which contained a copy of the Nationwide's defence declared they had settled in full, (which they have not) and detailed the payment and date it was paid to my account. 3) I have claimed for £3700+, which I filed with the court, so they will know the difference. 4) Letter closing the account states that I was not prepared to conduct the account according to terms & conditions etc. They give you an absolute date closing the account. I wondered about writing to them to say that the reason I could not do so was because the T & C's are unlawful and that in due course the OFT and Financial Ombudsman will be telling you that! I think I will, just to make the point.;-) Keep smiling! KenSpe

Update time again; Many thanks Milk Tray Man and watch this space KitKat35. Today I received a letter from Northampton County Court (MCOL) whereby the Nationwide state that they have paid the claim in full (which they have not). I have been given until 13th February to inform them of my decision. As I am still £909.81 short I will be proceeding with the claim. Should I re-submit my schedule of charges to the Court or simply just answer that I am going to proceed? Many thanks for your continued support.

Hi Everyone, My donation to this excellent website will be forthcoming once I get all my monies back. Today I received my letter which informs me that they are closing my account as I am clearly not able to conduct it in accordance with their T & C's. Parachute account is now ready. However, I am still to receive the £909.81 that is outstanding on my claim? Should I wait for another week, or should I write to Charles Bacon again informing him that I accept their offer as a partial settlement and remind him of the outstanding amount? Should I wait till the end of the 28 day period cited via my MCOL and instruct the courts at that stage? Help as always, greatly appreciated. KenSpe

Hello all, Fantastic and unexpected early victory news. Today I received £622.77 credtied by cash into my account, plus £2234.06 which is currently being processed. This represents 76% of my total claim (£3766.74), meaning there is a shortfall of £909.81. They have also cancelled the 216.34 of impending charges and as yet have not threatened closure of the account. Clearly I will accept the amount as partial payment, however I want to pursue them further to regain the £909.81 they still owe me. What is the best way to proceed? Do I reply to the chapt that wrote to me clearly stating that I accept thier offer as partial settlement of monies owed?

Hi MTM, Cheers. It is a shame that they don't stop hitting with charges....I am waiting for the Alliance & leicester to set up a parachute account. I wondered if Charles Bacon and his team read this web site, I would in their position? Thanks again to all for the help, support and guidance. KenSpe

I have today received acknowledgement of my MCOL claim against the Nationwide, which is signed by Charles Bacon (thier Solicitor) and states that they intend to defend the claim. Is this their usual approach or am I going to be the test case? Reassurances and info gratefully received!

Good Luck Laurence, I have had no acknowledgement at all, just awaiting the court hearing on 17th January!

Received paperwork from MCOL Naorthampton County Court. Indicates that the papers were served on 3rd Jan, giving them until 17th Jan to respond. Stung me again for £166 this month, so I will have to file a second claim once they have been extracted from my account. Awaiting written confirmation from Alliance & Leicester re parachute account (confirmed by e-mail). The anticipation is awesome....I wonder when they are likely to re-imburse me the £3700?

All done and dusted as advised, letter & accompanying schedule of charges & 8% interest claim postesd to the Court. I checked my claim this morning and found that papers have been served upon Nationwide on 29/12/2006. I await further progress and hopefully a return of my monies...so they have until 12/01/2006 to do so. I wonder what will happen. KenSpe

Hi, I read with interest KitKat35's post about sending a schedule of charges to the courts. I filed my claim yesterday and have sent an update schedule of charges to the Nationwide by recorded delivery today, but which court address would I send such info to? Many thanks KenSpe