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claiming money back from the start


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hi all

 

i am undertaking claming back unfair charges on 2 nationwide accounts ,i know these claims could be well over a thousand each

 

i will post up everthing i do ,so i have a record and if anyone see's me doing some thing wrong please shout (thanks)

 

 

right so to start i am sending two letters one for each account to my nationwide branch ,these are the data protection letters requesting a list of the charges

 

 

think thats all i can do for now will let ya know if any thing happens

 

thanks Mark

nationwide data protection letter sent 05/07/2006

Halifax data protection letter sent 05/07/2006

capitol one data protection letter sent 05/07/2006

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If both accounts are in your name, just send 1 letter with 1 fee - a DPA request covers you for all information held on you.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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thanks for that will change my letter :D

nationwide data protection letter sent 05/07/2006

Halifax data protection letter sent 05/07/2006

capitol one data protection letter sent 05/07/2006

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  • 1 month later...

right finally got my statements back from nationwide

 

one account has £3018 worth of charges

and the other has £3200

 

i take it i send the the letter asking for it back next

 

where do i send it ,do i send it to my branch or not

 

thanks mark

 

and can i make a donation when this all comes through :cool:

nationwide data protection letter sent 05/07/2006

Halifax data protection letter sent 05/07/2006

capitol one data protection letter sent 05/07/2006

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OK. Your claim is going to total in excess of £5k which is outside the small claims court and would move to fast-track which has other implications.

 

What *I* would do is do one account at a time, keeping it under the £5k limit. Less hassle, less stress, sooner your get your money.

 

And of course you can make a donation....I'd be very grateful of it! I'll give you my paypal addy :lol: :lol:

 

Joking aside, the site would very much appreciate a donation when you have settled.

 

Edited to add: Yes, you are sending the Preliminary letter, send it to the Pipers Way, Swindon addres...and send it recorded delivery.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Dolly,

 

Why do you say do one at a time, the banks haven't gone to court with any claim and the only downside to claiming over 5K is £750 costs if you lost your case, which you won't.

 

Do you know something I don't?

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

[/url]

Nationwide

Won

Capital One

Won

Citibank

Part win

GE Capital

Won

 

Exchange your council house for free.

www.UseMyPlace.com

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cool i have now split the claim ,one for each account

 

and will post tomorrow

 

many thanks :grin:

nationwide data protection letter sent 05/07/2006

Halifax data protection letter sent 05/07/2006

capitol one data protection letter sent 05/07/2006

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Sorry, just to add and i'm sure Dolly will correct me on this if i'm wrong, I thought if you had 2 claims at the same time, same bank the judge would just add them together anyway.

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

[/url]

Nationwide

Won

Capital One

Won

Citibank

Part win

GE Capital

Won

 

Exchange your council house for free.

www.UseMyPlace.com

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I would suggest you do not split the claim - it is quite risky doing that as you could get the second and/or any subsequent claims struck out as you are in effect abusing court procedure to keep your claim on the small claims track.

 

You need to be aware that the costs are higher, but you can claim these back. And if you lose you would have to pay costs, but these are limited to a maximum of £750.

 

However, it is a very low risk in my opinion - if the banks aren't going to show up in court for a small claims track - then why would they for a fast track? Remember with fast track they would be forced to disclose their costs by standard disclosure - I am sure the banks will do anything to avoid this.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I was advised to sever my claim as it was over £5000, as have other members on the forum. I certainly wasn't advised I may have my second claim thrown out.

I successfully claimed back the initial amount. I am a week into my LBA for the outstanding amount. It now seems I may have done the wrong thing.

Has the advice changed now that it is apparent that the banks are not going to court?

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Mandy, consensus does appear to have changed now on the severing of claims. As soon as I get a spare minute I will point you in the right diection. Don't worry though, you will be fine.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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so have i made a mistake sending a letter for each account or will it be alright :roll:

nationwide data protection letter sent 05/07/2006

Halifax data protection letter sent 05/07/2006

capitol one data protection letter sent 05/07/2006

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hi all

 

i recieved a letter this morning stating that nationwide would not be paying me my money back because they believe there charges to be fair :-x

 

whats my next step please ;)

 

thanks :D

nationwide data protection letter sent 05/07/2006

Halifax data protection letter sent 05/07/2006

capitol one data protection letter sent 05/07/2006

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Next stage of the plan - you just sent your preliminary letter didn't you? Well send the LBA. If you have decided to claim for both accounts on one, adjust it to say that you are claiming for the two accounts.

 

:)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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  • 1 month later...

well i recieved another letter from nationwide last week saying i was being passed over to ther member service department , yesterday i recieved a letter from them stating they wont refund my charges , i suspect that they are just stalling for time :-x

 

am i right in thinking the next step is to go to court , i was going to use money claim online , any tips greatfully recieved :D

 

nationwide certainly make this hard work :x

nationwide data protection letter sent 05/07/2006

Halifax data protection letter sent 05/07/2006

capitol one data protection letter sent 05/07/2006

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Good luck with moneyclaim - have a read around the threads, Lisadaddy's has got the particulars of claim on if you want to use that. If you are worried, post here before you submit your credit card details and I'll look over it for you.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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