Mahharg, I will be using the N1 on advice from others as it seems you can attach more detail and are not limited in what you can write. I have completed a draft version of my N1 already in preperation... I can e-mail the scans of them to you if you need any help- just PM me your e-mail address, as I cannot post them on here... Good luck... Let me know how you get on Lori.. Good Luck....

Not really that easy-peasy... lol. Anyway, I have submitted my revised letter before action now as I miscalculated the charges in my preliminary letter... expecting a negative responce.... claim scheduled for Febuary 20th... Heres my final letter: Mr. Richard Huntley Nationwide Building Society Member Account Servicing 1st Floor Electra House Farnsby Street Swindon SN2 1SR 6th February 2007 Dear Mr. Huntley, R.E. ACCOUNT NUMBER: 3XXXXXXXX Thank you for your letter of 30th January 2007. I am very disappointed that you have failed to respond satisfactorily to my letter of the 23rd January 2006. I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. This is based on the Unfair Terms in Consumer Contracts Regulations. I believe these default charges are unfair and not proportionate to your costs. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. Having reassessed my statements, I now calculate that you have taken £330 in unlawful fees, a schedule of these charges is attached. I require repayment of this sum in full. If you do not comply fully within 14 days then I shall commence a claim in the courts to recover the full amount, 8% statutory interest, plus my costs, without further notice. Yours faithfully, Smesin Any Q's just ask... I'll keep you updated...

yeah cause you will, keep persuing it, they're just trying to stall you... nearly there...keep us posted mrpenguin

I find it complicated to work out, I have already confused myself by asking for £640 instead of £320 as the charges appeared on the statement twice but were only debited once. I don't want to ruin my credibility anymore... If you really think I should go down this path, then i would need some clear, foolproof instructions- I have been on hundreds of other threads in an attempt to work it out aswell as the chat room but have had no answers to my questions about which months I can apply for the interest back e.g. just the ones I had charges in....... or all of the interest charges on my statement (this wouldn't make sense as some months I have no charges thus I would not be owed any interest)..... all of the months forward of the first charge. My AUTHORISED overdraft is not only made up of charges, other transactions aswell. I've heard that this also makes a difference???!?? I also found this on another thread ..."basically if your claiming contractual you need to mention it in both your prelim and lba". Is this true? I can however, change this if I was to get a reply within the next two days as I have not actually sent off my LBA yet (despite what it says above). I would just need some precise instructions. Nevertheless, on £320, the result of applying contractual interest would be negligable would it not?? These charges only do back a maximum of 2 1/2 years?? From reading other threads, I know you are an advocate of the contractual interest so any advice would be appriciatted ASAP as I need to get my LBA off by Tuesday at the latest. Thanks Chris

bump... need answer by 6.20 at the latest!!!!! Please help!

They wouldn't.... they have too much to do never mind quabbling about £15!!

Ok i wasn't going to claim for interest, but if i was to claim for interest .... there are charges some months and not others should i just claim for the months that charges were taken...... or all months after the first charge???

1) everyday days 2) £35 minus nothing 3) leave that charge out or claim half of it 4) its a possibility, do your research first 5) it should be fine if you are not claiming from these accounts... however anything is possible but they should give plenty of notice if they were to close them

Ok i wasn't going to claim for interest, but if i was to claim for interest .... there are charges some months and not others should i just claim for the months that charges were taken...... or all months after the first charge???

Ok, if i was to claim for interest also.... there are charges some months and not others should i just claim for the months that charges were taken...... or all months after the first charge???

Hi Ken, You've probably already read this, but it may help... Give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you might have attached. Bear in mind however that at this stage you need not attach all other documents which you wish the court to consider at the hearing. This is something you will later be asked to provide. You should state here that you believe the case will last no longer than 1 hour. You may wish to add reasons why the case is more suitable for Small Claims Track if your claim value exceeds £5,000 or provide reasoning why the other side should provide evidence of their costs! You could include similar text to this.... I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument. However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith. Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation. Did you have to pay a fee? If so, how much and will this get refunded when you win? Smesin

LOL, thanks Karne, your a star...

5) Ok, I received my generic, fob off, get stuffed, what? open and transparantmybottom, make alternative banking arrangements, heres my number, go away.... letter today (31st January) from: Mr. Richard Huntley Nationwide Building Society Member Account Servicing 1st Floor Electra House Farnsby Street Swindon SN2 1SR I am now going to send the LBA back to him with a list of charges and the dates they were taken.... I am not claiming any interest on my interest charges and am not going to mention the s69 amount on my charges, I will however, make them aware that I will be claiming the 8%. Heres my LBA: 31st January 2007 Dear Mr. Huntley, R.E. ACCOUNT NUMBER: 12345678 Thank you for your letter of 30th January 2007. I am very disappointed that you have failed to respond satisfactorily to my letter of the 23rd January 2006. I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I calculate that you have taken £640 in unlawful fees. I require repayment of this sum in full. If you do not comply fully within 14 days then I shall commence claim in the courts to recover the full amount, 8% statutory interest, plus my costs, without further notice. Yours faithfully, Smesin Once again, any questions, any tips, just post.... I will keep you updated....

5) Ok, I received my generic, fob off, get stuffed, what? open and transparantmybottom, make alternative banking arrangements, heres my number, go away.... letter today (31st January) from: Mr. Richard Huntley Nationwide Building Society Member Account Servicing 1st Floor Electra House Farnsby Street Swindon SN2 1SR I am now going to send the LBA back to him with a list of charges and the dates they were taken.... I am not claiming any interest on my interest charges and am not going to mention the s69 amount on my charges, I will however, make them aware that I will be claiming the 8%. Smesin Once again, any questions, any tips, just post.... I will keep you updated....

Bump

You can find your local county court online at hmcs.gov.uk or something like that and fill in an N1 form or you can do it online at moneyclaim.gov.uk, it's up to you.... both are pretty much the same, apart from doing it manually, you can attach you schedule of charges. See the templates section and step by step instructions for more advice.

1 reply and counting.... That is what I meant, rather than simply acknowledging the claim... putting in a defence aswell. I'm aware that no-one has actually been to court with them yet....

Nationwide Corporate Account (Miss Tractorgirl) Correct..

Digital photo prints offered - myPIXmania - free online photo albums Can someone please check these.... I am not claiming interest on my interest charges. So have edited this out of the 'Value' and 'Particulars Of Claim' Sections. Please could someone have a look through to check if I have made any mistakes or missed anything.... Much appriciated Chris

What happened after you filled in the Allocation Questionnaire? Did they pay up? Close your account? Write to you? Let us know....

I Quote in my first post: 4) The same day I sent a letter reqesting my money back (Preliminary letter, see templates library) along with the 8% interest that the court would award should my claim go that far. £640 (charges) + £29.88 (statutory interest) At this stage, I went on the chatroom (hugely helpful, see link above) and did further research and found I should not have mentioned the 8% at this stage- this should only be bought about when filing a claim form as it can look like you don't understand the process (as I didn't), the 8% statatory interest will be increased by the time you reach the day you make the claim. In addition, on advice from the members in the chatroom, I decided not to persue claiming interest on my interest charges. If you get this wrong on the spreadsheet, your claim can be thrown out or set back, as the amount in question was only about £30, I decided it wasn't worth the risk. I said it was wrong, however, it doesn't really matter that much.... Its just best not to until the claim stage....

Send it to: Charles Bacon Solicitor Legal Compliance (Corporate Affairs) Nationwide Building Society Nationwide House Pipers Way Swindon SN38 1FN

Thanks, Bump...

Bump

Strong Vibes being sent...... Good luck, persevere and you will get there...