Started against the NW - fingers crossed

[garystacey]

Just received my acknowledgment letter for NWBS confimring that they know they have 40 days to supply all data.

 

Will there be any problem that both accounts I have data for are now closed as I got fed up of banking with them? (Suppose this makes the account closure threat non existent LOL)

 

From this point how long does it take?

 

Thanks for all the help & also the courage to take them on.

 

G

[maverik1979]

Just received my acknowledgment letter for NWBS confimring that they know they have 40 days to supply all data.

 

Will there be any problem that both accounts I have data for are now closed as I got fed up of banking with them? (Suppose this makes the account closure threat non existent LOL)

 

From this point how long does it take?

 

Thanks for all the help & also the courage to take them on.

 

G

 

the accounts being closed is of no relevance, and as such the 40 days still stands, dont worry about it

[garystacey]

As my accounts are now closed with NW...in which letter should I ask them to pay me via cheque or should I give my new bank details to them?

 

Still waiting for the data from them at present but raring to go when I recieve it.

[Michael Browne]

As my accounts are now closed with NW...in which letter should I ask them to pay me via cheque or should I give my new bank details to them?

 

Add a short paragraph to both letters saying that as these a/c are now closed you require to be paid by cheque

[garystacey]

Received statments & Prelim letter sent asking for £690.66.

 

Time will tell.

[dolly]

Great stuff - keep us updated

[garystacey]

Will do.

 

Data request letter also sent to NW credit card today.

[dolly]

 

Data request letter also sent to NW credit card today.

 

There's no stopping you now is there?!

[garystacey]

Received the standard 'go away' letter from NW.

However, in the wording it says that if I'm not happy I can always taking my banking elsewhere??!!

This could be very difficult as my account with them was closed two years ago.

So in my LBA should I mention that they manage my account so well that they don't even recognise this fact??

 

LBA hopefully going off later today.

 

Clock is ticking.

[garystacey]

Although I've received the standard reply from NW for my one account.

Why I have received nothing for my joint account.

The prelim letters werree sent on the same day (27/7/06)?

Can I take it they've ignored it & go onto the LBA now for my joint account?

[Michael Browne]

Yes and yes.

[garystacey]

Right then both LBA's gone off.

Anyone pls point me the right way for the wording on the Moneyclaim - Particualrs of claim section.

 

Pls remember I have no longer a bank accounbt with NW and don't knbow the original contact date.

 

So far I've drafted....

 

Previously I had a contract with the defendant bank and which was 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 6 years 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.

However I need help knowing where to add in the amount of my charges, the amount of excess interest & the 8% interst I can claim...plus my £10 for data request & stamps???

 

Help pls.

 

TIA

[dolly]

I previously had a contract with the defendant

which was 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 have not done so.I also claim interest

under section 69 of the County Courts Act

1984 at the rate of 8% a year from xx/xx/xx

to xx/xx/06 of £xx.xx and also interest at

the same rate up to the date of judgment or

earlier payment at a daily rate of £0.xx

 

Doubt you will get the bit about your DPA money back and stamp money in there because of the amount of characters you are allowed. If you really wanted to claim those back you would have to fill an N1 court form in and issue it in your local court.

[garystacey]

After my LBA dated 09/08/06 I've received a letter from NW (Deborah Desborough - Team Leader, Member Account Servicing), thanking me for my letter & stating their disappointment that we've been ubale to resolve the matter & it had now been passed to the 'Financial Services Authority' & I should expect their final response on NW behalf.

 

 

What course of action should I do next?

 

Do I have to wait for their reply or do I carry on with the 'Moneyclaim' after the 14 days from the date of LBA?

 

Should I acknowledge their letter?

 

TIA

 

----------------------------------

 

Data request sent 18/06/06

Prelim letter sent 17/07/06

LBA sent 09/08/06

[Michael Browne]

Off to moneyclaim on the 23rd. Ignore the letter.

[garystacey]

Just doing the money claim now....

 

anyone help with a proper/realistic rate for "....also interest at

the same rate up to the date of judgment or

earlier payment at a daily rate of £0.xx...."

 

I'm asking for £690.66 + 8%.

 

TIA for all help

[dolly]

Total of charges (£690.66) x 0.00022 = £0.15

[garystacey]

Tick-Toc times up!!!!

 

Claims filed with Moneyclaim today for both my individual & joint accounts!

 

How long does it all take from now?

I originally asked for a cheque in my Prelim & LBA will they still follow my request?

 

Once received I can settle my credit card bill will Barclaycard & then go after them too!

[dolly]

They should send you a cheque as your accounts are closed, aren't they?

 

Can you PM a mod with the details for the Litigation section?

 

How long will it take? Well they have been slower than usual recently, taking about 14 days so anytime in the next 2 weeks I would say.

[garystacey]

Hmmmm.

 

Could be interesting getting the money without a cheque as both my accounts with them have been closed for over 2 years now.

[garystacey]

Silly question but......

 

On my moneyclaim - its now appearing as issued (04/09/06) then in the judgment box its says 'start'

 

Do I need to do anything with regard to the 'start'...there appears to be 2 choices (a) not filed an admission or defence & (b) has admited.

 

Do I need to do anything now or is this once I get a response from NW?

 

TIA

[austenpowers]

You don't need to do anything, if you tried to file for judgment now moneyclaim wouldn't let you anyway. The only time you would file for judgment is if your claim is not acknowledged within 14 days of being served, or if it is acknowledged, if they weren't to submit a defence within the 28 days allowed. Your claim is unlikely to get this far though, the next thing likely to happen is Nationwide will acknowledge your claim in the next few days and then you will get paid out about 10 days or so after that. Of course this cannot be guaranteed, but going on previous results you just sit back and wait now....

 

Good luck!

[garystacey]

Well this morning Nationwide have acknowledged both my claims against them.

Charles Bacon's name is on both acknowledgements saying that they will defend this case in full.

 

What next apart from wait?

 

Do I need to email him with the details of my claim against him or should he have all the oprevious correspondances I sent to th NW head office.

[garystacey]

Still no further correspondances from NW.

It s been 7 days since they acknowledged - does this mean I can expect they to defend or is it normal?

 

I'm starting to get nervous that it'll end up in court.

[dolly]

No, it means they'll pay out any day. You checked your account recently ???