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Bankershost

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  1. I have had both my CCJs set aside by the courts. Experian have removed one but are refusing to remove the second even though I have checked the Registry Trust's records which now show that there is nothing registered against my name (and told them this). I have just noticed that when removing the first one, Experian had removed the wrong one and now having received notification from the Registry Trust to move the second they are refusing to remove because the case numbers don't match.

     

    OMG Credit Experts I wouldn't trust them with a shopping list let alone my credit data.

     

    I have had to do all the investigating myself and I am given different information every time I talk to one of their operatives...continually ask to talk to a line manager but strangely never there! I want a job as a manager at Experian, it must be a right cushy number! Any way once more into the breach tomorrow morning, by then my blood may have cooled to a mere simmer :mad:

  2. Defaulted 4 years back on two Nationwide accounts when I was made redundant. I managed to get one of the defaults removed by going to court regarding charges but cases were then stayed and was not able to progress with the second account in time.

     

    Are there any avenues that I would be advised to investigate to get the default removed as the defaulted amount almost entirely consisted of bank charges?

     

    Any advice would be most appreciated.

  3. Hi Fred.

     

    I'm just a beginner too but this is an outline of my recently submitted POC which I poached from somewhere on this forum:

     

    Particulars of Claim

     

    1. The Claimant has a Nationwide Flex Account: ************* ("the Account") with the Defendant. The Flex account was opened on or around **/**/****.

     

    2. The Accounts are governed by the Defendant’s Personal Banking Terms and Conditions (“the contract”)

     

    3. During the period in which the Account has been operating the Defendant has debited numerous charges to the Accounts in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied.

     

    4. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contracts between itself and the Claimant.

     

    5. A schedule of charges are attached to these particulars of claim.

     

    6. The Claimant will further rely on the Office of Fair Trading’s (“the OFT”) statement of 5th April 2006 concerning default charges in credit card contracts, as the OFT’s recommendations regarding standard default terms in credit card contracts have wider implications, as regards bank current Account agreements.

     

    7. The Claimant thus contends that:

    a) The charges debited to the Accounts:

    i) are punitive in nature;

    ii) are not a genuine pre-estimate of cost incurred by the Defendant;

    iii) exceed any alleged actual loss to the Defendant in respect of any breaches of contract

    on the part of the Claimant;

    iv) are not intended to represent or relate 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) Further to 7.a), the charges debited to the Accounts are penalties rather than liquidated damages. A charge is held to be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison to the greatest loss that could conceivably be proved to have followed from the breach. A penalty clause is void in its entirety and unenforceable. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79, along with Murray v Leisure Play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss

     

    c) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

     

    d) In the alternative to 7.a), b) and c), if the Court finds that the charges are not a penalty, then the Claimant contends that they are unreasonable within the meaning of s.15 Supply of Goods and Services Act 1982

     

    8. Contractual Interest

    a) The Claimant claims compound interest on the amounts claimed under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, using the rate and method specified in the said contract, and as is applied by the Defendant to monies it is owed.

     

    b) The Claimant’s grounds for seeking restitution of the compounded contractual rate of interest is that the Defendant would be unjustly enriched if the Claimant's entitlement was limited to the statutory rate of interest in that the Defendant has had use of the sums and would have used these sums to re-lend at commercial compounded rates.

     

    c) The Claimant contends that the taking of unlawful penalties from the Claimant’s Accounts is unauthorised borrowing by the Defendant. Therefore, under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, in the first instance the Claimant has calculated compound interest at the Defendant’s current unauthorised overdraft rate of **%.

     

    d) A list of charges, interest calculated and rate used are attached to these Particulars of Claim.

     

    9. Accordingly, the Claimant claims:

    a) The return of the amounts debited between **/**/**** and **/**/**** in respect of charges and interest charged thereon in the sum of £****

     

    b) The removal of the default applied to the Claimants Credit file by ******. Under section 14 of the Data Protection Act 1998, a Court has the authority to order the removal of inaccurate data. It is my belief that ****** entered details of this default solely due to the level of unlawful charges imposed on my bank account prior to *****, specifically that the default amount was the sum of £**** and the level of unlawful charges was £****.

     

    Further, under section 13 of the Data Protection Act, it is possible to claim for compensation for failure to comply with the requirements of section 14. Whilst not part of my existing claim, I shall retain the right of further action under this clause in the future, should I see fit.

     

    c) All applicable Court fees

     

    d) Contractual interest at an annual **.**% compounded daily from the date of each transaction to **/**/**** of £****, as detailed in the list of charges attached hereto, and also interest at the same rate, from this date, up to the date of judgment or earlier payment, at a daily rate of £****.

     

    Statement of Truth

     

    Dated this 23rd March 2007.

    I believe that the contents of these particulars of claim are true.

     

    Signed:

    Hope that this is of some use to you and good luck!

     

  4. Hi, I'm not sure about that. If you are claiming for charges then the account is under dispute and should be passed back to Nationwide. If this happens I am sure that they will offset any credits against your debt.

  5. Hi Toots.

     

    I have 2 accounts with Nationwide. I am currently in the process of claiming charges for the smaller account but will make a larger claim on the second at a later date. It is on this second account that I have a charging order against my property. I got no response when asking for advice regarding this but these are my thoughts on the matter:

    • I will request that the default be removed as the amount that was defaulted consisted entirely of bank charges.
    • If I am successful in having the default removed I plan to make a seperate claim regarding the charging order (I believe that they have to default your account before they can progress to CCJ's/charging orders, default removed = no grounds to enforce CCJ). I will request that it be removed, that the court costs be reimbursed and I may even consider putting in a claim for resultant costs of having to accept a higher interest rate mortgage.

    I think that you would truly have a case if the original default amount was the same as or less than the bank charges applied to your account up to the default date.

     

    I will let you know how I get on, good luck.

  6. Thanks Glenn and good luck with your claim, I would like to hear how you get on!

     

    Do you not think that the LBA template is a bit misleading as it quotes the following to be added when requesting removal of defaults: plus a claim under ss.7 and 13 of the Data Protection Act 1998. I thought that section 7 referred only to disclosure.

  7. Hi Bankfodder.

     

    I have been defaulted on 2 accounts with Nationwide and I have a charging order on one of them.

     

    I have split the 2 accounts into seperate claims and I'm in the process of writing my first LBA.

     

    I have been trying to get clarification on the wording of the template LBA regarding removal of defaults..It refers to claiming under ss.7 and 13 of the Data Protection Act 1998 in the summary, is this correct?

     

    Your help would be most appreciated.

     

    Bankershost.

  8. :confused: Hi All.

     

    With regards to removal of defaults on the template LBA, how is making a claim under section 7 of the Data Protection Act relevant? Surely this section would apply solely when you have been refused full access to all pertinent information.

     

    I can see how section 13 would be relevant to such a claim but not section 7, am I correct in my assumption?

     

    Please note that I am not trying to be a smart arse (clueless in reality!), I just want to get my first LBA correct.

     

    Would especially like to hear from someone who has successfully had defaults removed as part of a claim.

  9. Hi.

     

    Just writing my LBA for claim against Nationwide and I'm not sure about the wording. I am not sure what the following in the summary of the LBA applies to: plus a claim under ss.7 and 13 of the Data Protection Act 1998.

    Also I am requesting that they remove a default, the reasons given in the LBA draft are as follows: This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. Can I leave this statement in it's entireity or am I required to use just one of these statements and delete the other?

    Thanks for your help.

     

     

  10. I am in the process of claiming bank charges from Nationwide. I have 2 Flex accounts with them, if I split the 2 accounts as seperate claims (to keep within the 5,000), is it possible for Nationwide to request the courts that the 2 be amalgamated into 1 claim or are both accounts legally viewed as seperate contracts?

     

    Anyone knowledgeable regarding this, please help.

  11. Have calculated unauthorised rate of interest and decided to make seperate claims for each account to keep within the 5,000. About to compose my Prelim, can anyone point me in the direction of a recent template that makes mention of interest that is being applied (the one in the templates doesn't)? Thanks.

  12. Hi Goff.

     

    I got statements from both my Flex Accounts but found that one account was short of a large period of high charges. They didn't send these until I sent them a Letter Before Action, threatening to take them to court. Check very carefully that your statements are complete!

     

    Good luck with your claim.

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