Warnes v NW

[Stewpot42]

Just took my letter into the branch to get them to post off to Head office for me.

 

(got no nails left - and i dont normally bite my nails!)

 

Sent off the letter requesting Data off them with £10 fee enclosed, just waiting to hear from them now.

 

Heres hoping!

[Stewpot42]

Just received this e-mail off them on my internet banking, the 28 days notice they are refering to does not happen until after the event as i only get statements every 2 months. I am sure that they used to send you a letter saying they are going to take certain charges at a certain time?

Just like to add that when i logged in it was flashing in RED "you have an URGENT message"

 

Also just added up the last 2 years of chrages and it comes to £1587 so far and thats only 2 years!

 

 

Dear Mr Warnes,

 

If you wish to view the charges that have been applied to your account over the past 2 years, you can do so online.

 

To view a full statement, choose the full statement option towards the right at the top of the screen. You can then choose the dates between which you wish to see transactions whilst viewing a 'Full Statement'. Just above the statement select the option 'Enter my own dates' from the 'Select Period' drop down list. If you select this option, it will enable you to enter your own dates and view the last 27 months worth of transactions. Your account balance will be displayed at the bottom of the statement.

 

If you would like duplicate statements for this account, please contact our CallCentre on 08457 30 20 10 or visit your nearest Nationwide branch.

 

Please note that there is a £5.00 charge for each duplicate copy requested.

 

I can confirm you are giving 28 days notice before each charge debits your Flex account. This notice is given with your monthly statements.

 

I regret I am unable to provide a breakdown of the £30 charge.

 

Regards,

 

Rachel Floyd

Nationwide Direct

 

http://www.nationwide.co.uk

Nationwide. Proud to be different.

[Stewpot42]

Sorry to reply to my own thread again, but just got a phone call of the hull branch as i phoned them to get an appointment to see someone about my account last week, but they never called me back.

 

However i explained my situation to the lady and she is getting the collections dept to ring me back, after i told her i was using the CONSUMERACTION groups advice.

 

Probably nothing will come of the phone conversation, but here is hoping.

 

Briany has just phoned me back, and said the department that deal with this will be back to me before the end of the week, as the government are apparently bringing in a legislation that will entitle people to get there charges back to a level of about £12.50, this other department should be calling me back to offer me a refund, please can someone tell me if i should continue to pursue for the total amount?

 

I will let you all know what they offer me as soon as i know.

[stuff the banks]

Hi do not except anything but the full amount.

 

this £12.50 legislation is still far to much around 60p is more likely the actual cost.

 

i am starting to think this legislation is putting a spanner in the works and slowing things down. It should have been addressed fairly and accurately instead they come to some nonsense figure.

 

Anyway good luck just follow the guide and make them pay you your money (the full amount)

 

REgards

 

Dave

[Stewpot42]

Sent off my letter for data request + £10, but they sent it back saying they couldn`t take cash, so am gonna send them a rubber cheque instead! lol!

[callumsgran]

Keep plugging away Stew, you'll be fine!!!

[Stewpot42]

Never got much help from the Lady at the branch, and am now waiting for them to send the data requested back to me, been 1 week now.

 

Only concern at the moment now is my wife is quite unsupportive of me in my quest, oh well never mind, she might thank me for it if and when i get my money back.

[Stewpot42]

Just had £1200 refunded to my account today! No LBA or court threats, but this is only since August 2005, so i am still going for the rest of it.

[dolly]

Wow! You are only the second I know that has had a part payment but definitely go for the rest...maybe your wife might be a bit happier now! (My hubby used to be like 'yes dear' when I mentioned it....until I got paid out and he started seeing Plasma Screen TV's!!!! )

[Stewpot42]

Just got 9!! cheque misuse fees applied AFTER they refunded the money to my account!! What was the point in refunding the money?

 

Been on the phone to Chrles Bacon trying to find out if and when i get my information off them, but he is on holiday till 31st July, so have got Hazel Bendry looking into it for me. Been waiting for only 2 weeks though so far.

 

If and when it goes to using MoneyClaim does it cost anything to use this website?

[Stewpot42]

hi everybody, been away in holiday so haven`t been abl eto compile my list of charges yet, planning on doing it on tuesday onwards.

[dolly]

Did you ever get the rest of it back? And did they close your account?

 

I would possibly email Charles Bacon, tell him you are going for the additional charges, that you are serious and have filed claim before and will do it again so it would be in their interests to pay before that stage. Be nice about it, it might get you somewhere.

[Stewpot42]

Have sent a PM with my letter to Mr.bacon to you Dolly, your input would be valued as to whether i shoudl change anything in my letter.

[dolly]

Got your PM, will have a look properly tonight for you and get back to you later.

[Stewpot42]

Just got the standard "we're not paying anything as it was your fault letter" off nationwide, should i now send off the Letter before action?

[Stewpot42]

Having read the following letter, i am not sure that this is the correct one or not, please advise.

 

[20/09/06]

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxxx

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

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. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

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 consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £xxxx (this includes any previously refunded charges).

 

I enclose a schedule of the charges which I am claiming with this letter.

 

Additionally you have entered a default notice against my credit record. 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.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully,

 

 

 

Stewart Warnes

[dolly]

No that is the prelim letter.

You have already sent that, haven't you?

The LBA is this one:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-letter-before-action-consumer.html

[Stewpot42]

NO, i haven`t sent the previous prelim letter(dont think) i have sent a polite letter(the one you re-worded for me). All i have sent is the data request letter and that one so far, so do i send this prelim letter, or the LBA? As the polite letter could be construed as the prelim letter.

[dolly]

I would send the LBA, again wording in it that you have had some refunded already.

[Stewpot42]

7 days and counting, still no reply yet? Am expecting standard, we#'re not payin letter tho!

[Stewpot42]

I have asked this already, but if they dont reply to my LBA, do i file at court or use moneyclaim? and do either cost money to set in action?

[Stewpot42]

Okay, got a letter saying "we're sorry we couldn't deal with your complaint - we are handing your complaint over to member services", then got a letter the day after that one saying that "you agreed to the terms and conditions etc.. but we cant help you - go to the financial ombudsman".

 

So could someone tell me which stage to go to next as this is their 14 day reply to my LBA.

 

Cheers

[redsue]

Hi Stewpot42

 

If you've waited 14 days from your LBA then proceed with court action - from what I understand if you are receiving benefits or tax credits then the courts will waive your fee and you must submit your claim to the local court on a N1 form with proof of income. This option is also handy if you are claiming compounded contractual interest as you have the space to submit your particulars of claim in full.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

However, if you are claiming your charges plus the standard s69 8% interest then you can claim via MCOL and use the particulars of claim information from here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html#post273915

 

Have a good look around and decide which option is best for you - I have submitted my claim this morning to our local court on a N1 Form and included on seperate sheets - Particulars of claim, summary of costs (ie post, S.A.R - (Subject Access Request) fee etc) plus the spreadsheets - my claim is for around £4,300 so it cost me £120 court costs but again you can claim these back too.

 

Good luck your nearly there now!

[Stewpot42]

Okay, but what if i cant afford to pay the court costs up front, and am not on any benefits?

[dolly]

Then you have to wait until you can pay the costs, unfortunately.