Nationwide - Response

[stubbarama]

I received my response letter from the Nationwide this morning, merely stating if I told them what charges I was on about they would look into it.

 

As I had used the template letter on Bank Action Group so I thought it was very clear and to the point, I rang them and despite not geting the person who originaly sent the letter, spoke to a young girl who was more than aware of the situation and fobbed me off with the " You have to ask the branch for them " as I pointed out to her my original letter was addressed to the branch and why should I have to do it again ? She became very anoid and cited that she was going over the same thing again and again, well if I dont get a suitable answer Im going too !!

 

I asked to speak to a supervisor/manager and was told they were all in a meeting, so I asked for her to get someone to call me when they were out. She put me on hold and then came back saying they were looking for my letter. Then came back saying that I had ask for a list of charges, not a list of statements. I was getting a bit hett up now and ponted out she was being a bit picky. but still she went on.

 

So finaly I said to get a manager to call me, when voila one appeared out of no where, and said she would call the branch for me, and get them to liaise with me. I told her that I wanted a list of charges and not a chat and she agreed.

 

Dont think this is going to be easy.

[Robertxc]

Send in £10 with a letter to their head office saying the following:

 

Dear Sirs,

 

Please send me all of the information which I am entitled to under the Data Protection Act 1998. I require you to enclose copies of all bank statements.

 

Your faithfully

 

They have 40 days to comply (which they will, quite happily). After that add up all the charges and send them a letter threatening court within xxx days if the money isn't returned.

[stubbarama]

Robert, I already sent Daves template letter out of the libary. Therfore asking for the list of charges.

 

I pointed this out to her, but she didnt want to know. I ended up talking to a team leader who dealt with it.

[Robertxc]

So, are they sending the info or not?

[stubbarama]

They said they would, but I have heard nothing yet. I expect there to be a delay in receiving it, but the clock is ticking.

[Robertxc]

I think this is a good illustration of why it's important to follow the Data Protection request route. They have an entire department set up to deal with DPA requests, and you'll find that it's an entirely straightforward process to get all your information out of them. Nationwide will dend you a hefty ring bound folder with absolutely everything in it, provided you ask for it is the proper way, through a formal data protection request.

[stubbarama]

I hope they dont give me everything.

 

Could take a while to sort through 6 years worth of info.

 

I did a quick tally up on the likely charges and it seems to be approx 2100 (A few statements missing) and interst of £700.

[Robertxc]

Provided you document every charge, you shouldn't have too much trouble getting it all back

[stubbarama]

I have received the statements this morning, With a letter stating that in Feb 2001 I got a refund of £25 and that it was the Nationwides policy to only refund on a first offense ( despite it not being the first ).

 

Should I send them back a letter asking for the total amount or go straight to the online claim ? if I do send them a letter can I ask for the 8% Apr ?

[Robertxc]

If you're going to go to court, it's best to have your facts right. I suggest you get all your previous statements and add it all up. Then when you start your claim you can provide a detailed list of every charge. A little bit of patience and preparation at this stage is definitley worth while. Also, when you go back with your detailed list, you'll be sending a messager that you're dead serious.

[BankFodder]

You should now total it all up and ask for it back first and let them know the basis on which they should return the money.

When you say 8% interest, what are you referring to?

 

If you are claimimg money which the banks have taken from you unlawfully, then you certainly have grounds for claiming interest.

 

However, if their charges had resulted in or were included in an overdraft, then they would have been charging yo interest on the value of the charges. This would be the interest which you should be claiming

I think that the 8% you are referring to is the County Court rate. But you only claim that when you have started your action.

 

Actually, I think that there is a good basis for saying that there is an implied term of mutuality or reciprocity in all bank contracts. If this would be the case then as the seizure of money by the bank amounts to unauthorised borrowing by them and that therefore they should pay you interest on the the sum at their own unauthorised borrowing rate. However, this gets us into contraversial waters and you might prefer simpoy to go in for a quick kill. :twisted:

[stubbarama]

Thanks Bankfodder, when you say "let them know the basis on which they should return the money. " do you mean pointing out the legalities again

?

 

The 8% was the county court Apr so I will leave that out.

[BankFodder]

yes

[stubbarama]

Nationwide have 4 days left to acknowledge the claim, and after speaking with Gary Clay they are more than likely to post it at the last minute.

 

Just wondering whether if they do acknowlege the claim, we can get some press coverage on the back of them backing down at the last minute against Gary ? see if they will actualy get it into court this time.

[lee6370]

I'm just about to send them a letter requesting the return of my £725. However you might be interested to know just got of the phone with a Sarah Watson of Nationwide, and she called the charges a FINE.

 

When I pointed out to her that she had just called it a fine, she become very flustered

[stubbarama]

I dont suppose you have a recording of the call do you ?

[lee6370]

I wish i had, i'd love to use it myself, but i've still mentioned it in my letter to them.

[stubbarama]

Nationwide have until today to acknowledge the claim, and I just checked online and still nothing. :?

 

Well I think nothing, it still just says "Issued"

[BankFodder]

So have you tried to apply for judgment?

Try it and see if the system lets you or whether you have to wait until tomorrow or Monday.

[stubbarama]

Just tried and it says I have to wait. But its a standard form. Will try in the morning.

[BankFodder]

Yum yum!

[Dave Johnson]

Keep us posted

Cheers

Dave

17 Litigation in process

[richardc]

I dont suppose you have a recording of the call do you ?

 

They probably will have. You can request under DPA

[stubbarama]

Tried again this morning, same page telling me I cant.

 

Checked the court paperwork and it does save they have unitl 4th March.

 

Will try again tommorow.

[stubbarama]

Q. I am entering judgment by default but a message comes up stating you cannot enter judgment by default at this time, why does it say this?

 

A. This is because the defendant's time for filing a response has not yet passed. If their deadline fell on a weekend or bank holiday they are given the next working day to respond. It may also be because the defendant has filed an acknowledgement of service, which gives them an extra 14 days to respond.