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smesin

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Everything posted by smesin

  1. Hi, I claimed back my bank chanrges fom Nationwide last March and until recently they have not taken any more. But now, they have begun to charge me for my unpaid DD's, unauthorised OD fees, etc. I have searched the site but have not come across any similar situations. I seem to remember some letter that could be written that was available on this site to put a stop to this, even temporarily. Can anyone point me in the right direction? I have already used the search function. Cheers, Smesin
  2. Not really, I just wondered what people thought about this... I got restless during my first claim against Nationwide. I'm just about to start a claim for my girlfriend... What is the worst that could happen if I calculated the charges total and put in a claim straight away and did away with the Preliminary and LBA Letters? I have not heard much disscussion about this and it would certainly cut out about 2/3 weeks of the process. DISCUSS....
  3. Ok... I just rang the lady @ my county court to confirm what the process was for tying things up and she advised me to put in writing that i wished to withdraw proceedings against Nationwide as I have received full settlement... Which I did.... thought this might come in useful. 21st March 2007 Dear Sir/Madam, R.E. CLAIM NUMBER: XXXXXXXX Since receiving notice of an acknowledgement of service from Nationwide Building Society stating that they intended to defend the claim, I have received full settlement from them. I therefore wish to withdraw any further proceedings regarding this claim. Yours faithfully, Smesin
  4. You will.. sit tight and keep us updated!! Smoking is going well- if you mean smoking as is having the occasional lapse hating myself, feeling crap, getting remotivated then lapsing again. Difficult at the moment.. but soldiering on!!! All the best, Smesin
  5. No, I beleive that the 28 days is from when the claim was 'deemed to have been served'... see your court papers... Not 100% on this though. Just sit tight and keep checking your account.... All the best. Smesin
  6. I know there are a few loose ends to tie up now with the court, etc. But i don't have to be pro-active anymore cause i've got my money. So any comments about tying things up would be appriciated...
  7. Sat 10th March (Post #70). I have not filled in an AQ form.
  8. I have just checked my Nationwide account and I have been paid in full as follows... From my statement: 15 March Credit By Cash £50.00 (Court Fee) 16 March Correction £330.00 (Charges) 16 March Credit By Cash £65.61 (Interest) Thanks for everyones input on this thread, you have all been a huge source of inspiration and motivation. Keep me updated with your progresses through this thread. Donation on its way... Smesin
  9. Ok... Dispite the letter from NW saying that my charges are in the process of being refunded (see attachment in post above).... I received a notice from the court on Saturday 10th March stating that Nationwide intend to defend the whole claim!!???!!!??? Confused.... Thoughts please.....
  10. I got mine back with my Notice Of Issue..... Get on their case if you really want it... although I don't think it's important as your notice of issue is your confirmation.
  11. Ok, check this out... This is the letter I received from the complaints department when it was passed on to them. Ive not heard of them admitting defeat in this way before but atleast I now have clarification and don't have to worry about court, etc. Has anyone else ever had this letter? Nevertheless, I have still not received my money.... Will celebrate when I see it in my account!!!!!!!!! Smesin Letter From Nationwide.doc
  12. Sat 3rd I would say... This gives them 2 days with first class post which is plenty. Furthermore, considering it was sent to there registered address... I assume someone must be there weekends to deal with this type of mail. Trust the court... if they say it is deemed served on 3rd March then I'm guessin Nationwide aint gonna argue... You should receive your paperwork soon which gives all the dates anyway. It's not that significant so I shouldn't worry as it will probably we acknowledged by NW before then. Smesin
  13. Deal Noel!!! Sorry... Option 2.... I'll wait it out.... They might forget then I can send the baliffs in. Cheers Mahharg P.S. Hows the No Smoking going?
  14. How much do you need the money?... don't hassle them... They could just forget to pay you with their increased workload!! Mr Bacon will open the paper to see pics of your local branch being done over by heavies... Wishful thinking...lol
  15. Correct Mahharg.... And in regard to the allocation questionnaire, I am not sure of which path to go down (old strat or new)? What you said makes sense as I could do without the hassle of putting together a court bundle to be honest... however I must do more reading first as I have not fully got my head around both strategys... Comments appriciated.... I have received no notification that Nationwide have acknowled my claim as of yet... they have until 14th March (9 days) from today. Thanks for everyones comments... Keep us posted.. Will keep you up to date.... Smesin
  16. Yes... expect your money anytime soon.... Your claim will not be defended
  17. Ok, I received my notice of issue from Chesterfield County Court today. It states my claim was filed on 21st Feb. The Court sent it to the defendant by first class post on 26th Feb and it will be deemed to be served on 28th Feb. The defendant has until 14th March to reply. It's just a waiting game now I hope... Any tips at this stage would be appriciated? Particularly in regard to correspondance... can i expect to receive something from Nationwide themselves or will everything from this stage go through the courts? Smesin
  18. OK, Go to the general and templates sections of this forum, read through the step-by-step instructions thoroughly before you go any further. Smesin
  19. Overdraft Interest is the interest you are charged for borrowing their money i.e. for being in overdraft. You will have been charged this each and every month if you have been in your overdraft. Now, we are claiming that their charges are unlawful. These charges have caused us to go into further overdraft resulting in higher interest charges each month. Therefore, if the charges/penaltys are unlawful then the interest on them should follow suit. Note here that if your overdraft is made up purely of charges (i.e. no purchases, dd's, etc.) you should be able to claim all of this back. If you were overdrawn say £200 already and that was your limit then you went into unauthorised overdraft then you could only claim part of the interest charged that month as some of it was lawful (i.e. for purchases and whatever else you used the £200 for). Using the spreadsheets you can work out how much you are owed by entering your balance at the time of each interest payment. You need your statements for this. I, however am not claiming this as I messed it up a few times. Considering my claim is only for about £330, the overdraft interest figure would be neglibable. I decided that it was better to be safe and forefeit a few quid than get it wrong and have it thrown out of court on a technicality. But by all means, do go ahead if you are confident. Hope this helps, Smesin.
  20. You sound like your getting restless mahharg!!! It'll come...
  21. $%*! the ombudsman... I received the same letter, stick to the timescales as set out on this website. **%! the "very nice" lady too... she would be 'very nice' wouldn't she. Don't do anything over the phone either, its a waste of time, costs you money, and there is no proof of your conversation.. Pick up where you left off in writing... All the best.. Smesin
  22. Ok, Received my second fob off letter from Mr. Huntly and filed my claim at my local county court on Wednesday 21st Feb (cost £50). Was told it would be issued and then I would be sent back a stamped copy. Will let you know my progress from here forward... Nearly There!!! Smesin
  23. Hi Mahharg, The N1 form is just as good as MCOL if not better... You can fill it in and print it off at home (see link) then just drop it off at your local county court (3 copies). I regard to the Particulars, I managed to fit mine on, PM me your e-mail address and I will send you the scanned images of mine as i cannot post on here.... If not, I do not see a problem why you could not attach them if it was stated on the form... N1 Form: http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf Here is my text from the POC Section: 1. The Claimant has an account 3*****32 ("the Account") with the Defendant which was opened on or around 14th September 2004 2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £330.00; b) Court costs; c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just. 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982). These are edited slightly from the template as I am not claiming interest on my interest.... Let me know if you want to see the scans. It's also a bit weired that our claims are running alongside eachother and I too also gave up smoking about 8 days ago... I guess this keeps our fingers busy and sueing a national building society can motivate you to do anything!!! Hope this helps, Smesin.
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