Hi, new-ish. Young V Nationwide

[Bev77]

Hi,

 

Can anyone let me know if MCOL allows/uses visa electron for payments? I know a lot of places never used to, but more and more are accepting this now.

 

I've tried looking on the website, but can't find it anywhere.

 

Cheers.

[ALG]

Hi Bev

 

I believe Solo and Electron are accepted in the payment section which is right at the end of the claim, however don't worry if it is not there as you can save you claim at various stages.

 

All the Best and enjoy the cash when you get it.

[Bev77]

Hi AG

 

Thanks for that. Great to know! Apparently it's a lot quicker to use MCOL than the 'standard' courts service. I've just opened a Co-op account as a parachute, which comes with an electron card:D so I can use that to pay the fees.

 

Cheers again!

[Bev77]

Sorry me again with another quickie. Do Nationwide usually reply to the LBA letter? The one I've sent - the 14 days are up on Tuesday and I've had nothing at all back from them. Is this usually the case?

 

Also do I have to wait to file with MCOL? Or can I do it as soon as the 14 days are up?

 

Cheers

Bev

[barracad]

You said you'd take them to court if they didn't pay up within 14 days, so take them to court as soon as the 14 days are up.

[Bev77]

Ok, cheers. I didn't know if there was a time-frame that you were sposed to wait before applying to the court.

 

Well, I'll be doing it either Thurs or Fri next week then.

 

Ooh, getting scary now!

 

Thanks for that.

 

Bev

[Bev77]

Hi all,

 

I've received a letter this morning from Deborah Desborough.

 

Thank you for your letter of 13 July 2006, about charges incurred on your Flex Account. (My LBA letter)

Please find enclosed a copy of the letter sent on the 11July 2006, I can only apologise that this has not been received. (It was received on 13th, and I sent LBA same day - should I have waited?)

If you have any further queries please don't hesitate to call me. My contact number is 01793 712603.

I must make you aware The Nationwide Group uses the Financial Services Authority rules when dealing with customers' concerns. I've enclosed a leaflet that explaind our Internal Complaints Procedure should you not be happy with my reply.

Yours Sincerely,

Deborah Desborough

The Nationwide Group uses the Financial Services Authority rules when dealing with customers' concerns. Under their guidelines, you may consider the following course of action if you're not satisfied with my response.

1. Our Member Service Department can review your concerns. I will be glad to refer it for you. If you decide to go ahead with this option, please contact me.

2. If you are still not satisfied, you may then approach the Financial Ombudsman Service for an impartial, independent assessment of the situation.

If you dont come back to us within the next 56 days, I will close our file.

Is this the standard reply from the LBA letter? Should I have left some time between receiving their first 'standard bog off' letter and sending the LBA?

 

What's the next course of action? I take it I wait for the rest of the 14 days and then file with MCOL?

 

I won't be able to file with them until the end of next week anyway, either thurs or friday as will not have the money till then.

 

It's just thrown me as she has 'apologised that this has not been received'. I've just looked at my LBA letter and the first line says that 'I am very disappointed that you have failed to respond to my letter of the 03 July 2006' Should i have amended this to read something along the lines of 'Thank you for your letter of 11 July 2006'?

I really hope I've not mucked it all up, by failing to include this line Please say it's not all gone to pot now!

Cheers

Bev

[dolly]

No its fine - you have stuck to your deadlines, just because they haven't replied in time, tough

 

You go ahead and file moneyclaim this week.

[Bev77]

Thanks for that Dolly. I wont have the money to actually file the claim till the end of next week anyway, so it gives them a bit more time - no one can say I'm being unreasonable ;o)

 

I've started filling in the MCOL form now, as I understand that it can be saved at any point - at least if I get it all ready now, then as soon as i get some money in I can process it straight away.

 

I'm sure it's been asked before, but I did a quick search and can't find the answer. Which address do I use for the claim form?

 

Legal Compliance (Corporate Affairs)

Nationwide Building Society

Nationwide House

Pipers Way

Swindon

SN38 1FN

**********************************

Nationwide Building Society

Data Protection Team

Kings Park Road

Moulton Park

Northampton

NN3 6NW

***********************************

Nationwide Building Society

Member Account Servicing

1st Floor Electra House

Farnsby Street

Swindon

SN2 1SR

 

Any of these or somewhere different?

 

Cheers

[dolly]

Use the Pipers Way, Swindon one without the Legal Compliance bit. Just address it to Nationwide Bldg Soc....gets to Mr Bacon quicker then

 

You can save the moneyclaim at any point so get it all prepared and as soon as you have the money you can make payment and it is gone. You'll be fine with it as well, have your money back in no time!

[Bev77]

Thanks for the vote of confidence Dolly! I'm getting just a little nervous now!

[Bev77]

HELP!!!!

 

I'm stuck on a few things on the MCOL site!

 

 

Particulars of claim:

 

You have a contract with the defendant bank

dated April 2005 and which is conducted on

their standard terms and conditions. You

are claiming the return of money taken by

the defendant in the way of charges over

the last 1 year plus the interest they have

levied on those charges. The bank's charges

are a disproportionate penalty and

therefore unenforceable as they are

contrary to common law. Further, as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and sch.2

(1)(e). In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15. You have

repeatedly asked the bank to justify their

charges but they have declined to do so.

The claimant claims interest under section

69 of the County Courts Act 1984 at the

rate of 8% a year from 27/09/2005{date when

the money became owed to you} to 28/07/2006

of £47.70? and also interest at the same

rate up to the date of judgment or earlier

payment at a daily rate of {enter the daily

rate of interest}.

Date when money became owed to me - I've put the very first time I got charged - is this correct?

 

Interest calculations - I've worked it out with the 8% spreadsheet from here and I have 4 TOTAL figures:-

 

1 Penalty charged - £745.50

2 8% on penalties - £47.66

3 Interest on penalties - £0.74

4 8% interest on penalties - £0.04

 

The amount in red is £47.70 which is made up of the totals of 2+4, is this correct?

 

The daily rate of interest - what is it?

 

The human rights act - NO

claim interest - YES

 

Are these both correct?

 

Also it says it can be no more than 1080 characters. It's currenty 1200, and I copied Bankfodders guide notes in bank templates library.

 

Please help!

 

Also, as I'm not going to to be actually claiming till the end of next week, I realise that the interest figures will have changed by then.

[barracad]

Date when money became owed to me - I've put the very first time I got charged - is this correct?

Yes

The amount in red is £47.70 which is made up of the totals of 2+4, is this correct?

 

Yes

 

The daily rate of interest - what is it?

 

Claim amount (excluding interest and court fees) multiplied by 0.00022

 

The human rights act - NO

claim interest - YES

 

Are these both correct?

 

Yes

 

Also it says it can be no more than 1080 characters. It's currenty 1200, and I copied Bankfodders guide notes in bank templates library.

 

This is just a guide, not a template. As you have copied and pasted it, it makes sense whatsoever. For example:

 

You have a contract with the defendant

 

Who is 'you' - you're submitting the claim to a court so are you saying the court has a contract with the defendant?

 

You need to read through this carefully, change it so that it all makes sense, and then if it's still over the character limit see what words you can change, or what bits you can cut out to make it fit.

[Bev77]

Thanks for that. I Knew it was a guide, and not a template, but for some reason was just having a blonde moment!

 

Does this now read ok?

 

I have a contract with the defendant dated

April 2005 and which is conducted on their

standard terms and conditions. I am

claiming the return of money taken by the

defendant in the way of charges over the

last 1 year plus the interest they have

levied on those charges. The bank's charges

are a disproportionate penalty and

therefore unenforceable as they are

contrary to common law. Further, as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and

sch.2 1)(e). In the event that the charges

are not a penalty then they are

unreasonable within the meaning of the

Supply of Goods and Services Act 1982 s.15.

I have repeatedly asked the bank to justify

their charges but they have declined to do

so.

I also claim interest under section 69 of

the County Courts Act 1984 at the rate of

8% a year from 27/09/2005 to 28/07/2006 of

£47.70 and also interest at the same rate

up to the date of judgment or earlier

payment at a daily rate of £0.16.

 

It now fits btw.

[barracad]

Looks fine to me.

[Bev77]

Hi all,

 

I've opened my parachute account - 2 as it happens! Co-op cashminder and Natwest Step.

 

Should I change everything over now? Or wait to see if they close my account? Also if I do wait, and they give me 30 days notice to close it, can I then write back with the retaliatory action letter? I don't really want my account closed, I don't want all the hassle of changing all my payments. It's too late for my husband's wages to be paid into a different account this month anyway.

[Bev77]

Right,

 

LBA was sent on 13th, give them the standard 2 days to receive it, means the 15th. 14 days from then means the 29th. Is this correct? Which in turn means that MCOL can't be filed until at least the 29th, which is tomorrow, is that right?

 

Do they accept claims made at the weekend? I've already set the money aside to claim, I might wait until first thing monday morning to actually file it. Is there any reason/advantages for me to do so?

 

Also I know that there is at least 1 more charge due to come out, and historically they have come out at the end of the month, so I'd like to wait to see if/when it comes out and add that to my claim as well instead of doing this all over again for 1 charge.

 

Also what do I need to do once I've filed Moneyclaim? Is there anyone I need to notify or anywhere I need to post to say that I've filed?

 

Any help appreciated.

 

Cheers

[Bev77]

HEEELLPPPP!!!

 

I'm trying to submit the moneyclaim form, but the wording is too long by 2 lines. Can anyone help me shorten it? PLEASE?

 

I have a contract with the defendant dated

April 2005 and which is conducted on their

standard terms and conditions. I am

claiming the return of money taken by the

defendant in the way of charges over the

last year + the interest they have levied

on those charges. The bank's charges are a

disproportionate penalty and therefore

unenforceable as they are contrary to

common law. Further, as a disproportionate

penalty they are invalid under the Unfair

(Contracts) Terms Act 1977 s.4 and under

the Unfair Terms in Consumer Contracts

Regulations 1999. Para.8 and sch.2 1)(e).

In the event that the charges are not a

penalty then they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15. I have repeatedly

asked the bank to justify their charges but

they have declined to do so. I also claim

interest under section 69 of the County

Courts Act 1984 at the rate of 8% a year

from 27/09/2005 to 28/07/2006 of £47.70 and

also interest at the same rate up to the

date of judgment or earlier payment at a

daily rate of £0.16.

 

As far as I can see, there is no way that it can be shortened.

[dolly]

 

I have a contract with the defendant dated

April 2005 and which is conducted on their

standard terms and conditions.I am

claiming the return of money taken in the

way of charges over the last year + the

interest they have levied on those charges.

The bank's charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law.Further, as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 sch.2(1)(e).

In the event that the charges are not a

penalty then they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15.I have repeatedly

asked the bank to justify their charges but

they have declined to do so.I also claim

interest under section 69 of the County

Courts Act 1984 at the rate of 8% a year

from 27/09/05 to 28/07/06 of £47.70 and

also interest at the same rate up to the

date of judgment or earlier payment at a

daily rate of £0.16.

Does that fit now?

[Bev77]

Just one more line to go....

[Bev77]

I have a contract with the defendant dated

April 2005 and which is conducted on their

standard terms and conditions.I am

claiming the return of money taken in the

way of charges over the last year + the

interest they have levied on those charges.

The bank's charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law.Further, as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 sch.2(1)(e).

In the event that the charges are not a

penalty then they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15.I have repeatedly

asked the bank to justify their charges but

they have declined to do so.I also claim

interest under section 69 of the County

Courts Act 1984 at the rate of 8% a year

from 27/09/05 to 28/07/06 of £47.70 and

also interest at the same rate up to the

date of judgment or earlier payment at a

daily rate of £0.16.

 

 

I've taken out the word 'bank's', so it now reads 'The charges are a disproportionate penalty...' 'have asked them to justify...'

 

Would that be ok? Does it still read ok? Still doesn't fit though. Can I substitue the plus sign (+) for the word 'and'?

[Bev77]

I have a contract with the defendant dated

April 2005 and which is conducted on their

standard terms and conditions.I am claiming

the return of money taken in the way of

charges over the last year + the interest

they have levied on those charges.The

charges are a disproportionate penalty and

therefore unenforceable as they are

contrary to common law.Further, as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 sch.2(1)

(e).In the event that the charges are not a

penalty then they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15.I have repeatedly

asked them to justify their charges but

they haven't done so.I also claim interest

under section 69 of the County Courts Act

1984 at the rate of 8% a year from 27/09/05

to 28/07/06 of £47.70 and also interest at

the same rate up to the date of judgment or

earlier payment at a daily rate of £0.16.

 

This is now 24 lines. Apart from the other changes I've already mentioned, I've also changed it from 'refused to do so' to 'haven't done so'.

 

Can someone please let me know if this is ok, cos as soon as it's ok to go I'll be submitting it, and I'd like to get it done today.

 

Cheers.

[dolly]

Could you put 'have not' instead of 'haven't' ?

Otherwise, go for it

[Bev77]

Thanks Dolly,

 

I've amended it to say have not now and it still fits! YAY! Thanks for your help.

 

I've just tried to pay for it with my visa electron card and it doesn't accept electron only visa delta! GRR. Means a trip out in the rain (plus kids - bloody summer hols) to take money out of one account and put it into the other.

 

Oh well, hopefully I'll get it done at some point today.

 

Thanks again.

[Bev77]

Right then - Moneyclaim filed!

 

Ooh wish me luck, I'm getting scared!