Kay v Nationwide

[Kay1-9-6-3]

Hi all,

 

Before I start I would like to say a BIG thank you to the Bank Action Grp.

I feel human again because I know I don't have to just sit and watch the banks literally take MY money from me:D .

 

On 2/4/06 DPA letter sent to Nationwide. Received a letter 7 days later acknowledging my request and that the info will be sent out asap, refund £240 of bank interest charges and also cancelled a further £60 bank charges. Soon enough I recieved all my statements, as requested - 21/4/06. I'm in the process of adding all the charges up. Maybe someone can help me on this one. Some of the statements show the percentage rate. How do I calculate the interest charges.

[BankFodder]

Please will you post the Lloyds claim in the Lloyds forum.

As far as calculating the interest, you're not really calculating an interest rate. you are only reclaiming the interest which they have actually charged you. This means that you have to look at the charges which they have levied each month and also the figure in interest which they have levied each month and work out how much of that interest figure relates to those charges.

The idea is that if the charges are unlawful then any interest that they charge you on those charges is unlawful

[Kay1-9-6-3]

Please will you post the Lloyds claim in the Lloyds forum.

As far as calculating the interest, you're not really calculating an interest rate. you are only reclaiming the interest which they have actually charged you. This means that you have to look at the charges which they have levied each month and also the figure in interest which they have levied each month and work out how much of that interest figure relates to those charges.

The idea is that if the charges are unlawful then any interest that they charge you on those charges is unlawful

 

Thanks for the advice. I have posted the LTSB claim in correct forum.

[Kay1-9-6-3]

Hi all,

 

Before I start I would like to say a BIG thank you to the Bank Action Grp.

I feel human again because I know I don't have to just sit and watch the banks literally take MY money from me:D .

 

On 2/4/06 DPA letter sent to Nationwide. Received a letter 7 days later acknowledging my request and that the info will be sent out asap, refund £240 of bank charges and also cancelled a further £60. Soon enough I recieved all my statements, as requested - 21/4/06. I'm in the process of adding all the charges up. Maybe someone can help me on this one. Some of the statements show the percentage rate. How do I calculate the interest charges.

 

I don't know if this is just coincidence, but I have just received a letter from N'wide informing me that my further advance of £10,000, taken out 20 years ago will still have a balance of £9,000 pounds after the 4.5 years I have left to pay on it.

 

The main mortgage has recently been paid off. We changed from an endowment to capital pay when there was the big Question on miss-sold endowments, but I wasn't aware that the change did not include the further advance:confused: . Has anyone else had any similar experiences?

 

I'm frantically searching for my paperwork

[Kay1-9-6-3]

I have logged all my charges onto a spreadsheet, for my records. Having looked closer at the charges, the £240 refunded, so far, is stated as interest charges.

It does not say over which period. I have taken this amount from my final figure. I shall double check for my own records:oops:

[Guest Lueeze]

Please stay on 1 thread thanks

[Kay1-9-6-3]

Hi all,

 

Before I start I would like to say a BIG thank you to the Bank Action Grp.

I feel human again because I know I don't have to just sit and watch the banks literally take MY money from me:D .

 

On 2/4/06 DPA letter sent to Nationwide. Received a letter 7 days later acknowledging my request and that the info will be sent out asap, refund £240 of bank interest charges and also cancelled a further £60 bank charges. Soon enough I recieved all my statements, as requested - 21/4/06. I'm in the process of adding all the charges up. Maybe someone can help me on this one. Some of the statements show the percentage rate. How do I calculate the interest charges.

 

I have been studying other areas of this site and re-read the DPA Act 1998 and realised that I did not request from the bank any entries they may have made against me in 'default'. Time is ticking for me to send my prelim letter. Is this something I could do at a later stage and if so will I need to pay another £10.00. I also realised that I did not request statements for my LTSB credit card. Is it worth requesting this if I am successful with my first claim or should I just leave it, now that it's an after-thought?

 

Hoping that someone can help.

[BankFodder]

Every separate Subject Access Request must be accompanied by a payment of £10. If you have all the information you need then begin making your claim straightaway. If there is more information which you need for a separate claim then request that information separately but it doesn't need to hold up another independent claim.

 

If you have paid charges on a credit card account then there is no reason not to bother claiming that as well. The money is yours. You should get it back.

[Kay1-9-6-3]

I believe I am right in thinking that when you send the preliminary letter the 14 days includes weekends. By my calculation then that time is up today. I have heard nothing.

It’s funny that they should be prepared to refund interest on my money but no word on what is legally mine. I’m starting to sound clued up.

I understand that I need to send a schedule of charges I am claiming. Is this a copy of the statements the b/society sent to me highlighting the charges I am claiming?

[Don Quioxte]

I understand that I need to send a schedule of charges I am claiming. Is this a copy of the statements the b/society sent to me highlighting the charges I am claiming?

 

Your 14 days are calendar days and not working days.

 

It is entirely up to you as to whether you send a schedule or summary of charges. The bank hold all your data. They have a responsibility and it is a reasonable assumption that they can be expected to calculate the charges and amount of claim. Personally, I sent a summary of charges with both my prelim letters and LBAs. It is entirely your shout.

 

My recommended procedure is to send a summary with the LBA as you are going to have to use the spreadsheet to make a calculation of interest at that point anyway.. so when you have finished inputing all the data, then it is fairly easy to just copy and past to a word document and tidy it up to make it look like a professional and detailed "summary of charges" with the dates and amounts for the bank to peruse. But that is just a personal preference. Either way it would be prudent to have such information to hand so that you can submit it with your Court Allocation Questionnaire should it reach the litigation stage however.

[Kay1-9-6-3]

Thank you for that information:-).

[Kay1-9-6-3]

I believe I am right in thinking that when you send the preliminary letter the 14 days includes weekends. By my calculation then that time is up today. I have heard nothing.

It’s funny that they should be prepared to refund interest on my money but no word on what is legally mine. I’m starting to sound clued up.

 

I understand that I need to send a schedule of charges I am claiming. Is this a copy of the statements the b/society sent to me highlighting the charges I am claiming?

 

I sent a LBA a few days later than planned and then received a reply to my request for payment letter. Saying the usual. Sorry that you are still not happy but 'the matter has now been passed to our Ombudsman and you shall received a reply within 56 days'. No attempt to answer my letter.

 

Now this is where I am getting nervous. I have been reading the step-by-step guide and understand, that after 14 more days, I will need to complete a money claim form? Am I on the right track?

[barracad]

I have been reading the step-by-step guide and understand, that after 14 more days, I will need to complete a money claim form? Am I on the right track?

 

Yes. Good luck!

[Kay1-9-6-3]

Received letter today on the conclusion of Nationwides investigation:

 

Another standard letter stating that 'I agreed to abide by the FlexAccount Terms and conditions' etc.... Offered to inrease my overdrrraft limit if contact them in good time.

 

'... g-e-n-u-i-n-e-l-y sorry that' they cannot refund!!! 'If you feel that you are unable to abide by the terms and conditions of your FlexAccount then, regrettably, it may be an appropriate time to consider changing your account to another provider'.

 

Ending 'hope you will now feel able to accept and comply with the FlexAccount terms and conditions.

 

This site has taught me not to leave without a fight.

 

I'm short of funds at the moment but will gather it from somewhere to file my claim.

[Movingon]

You should write to them saying something like you note that if customers decide to protect their rights as enshrined in Law that they will then refuse to deal with those customers, and that your claim will be filed forthwith and the Judge made aware of their intimidatory tactics.

 

It honestly smacks of gangster culture; you blow the whistle on us and we'll DO YA.

[Kay1-9-6-3]

I received all interest charges, £240, after requesting a list of charges to my account. Does this mean that I am not entitled to add interest when I file a money claim? I would be grateful for some advice.

[Movingon]

I received all interest charges, £240, after requesting a list of charges to my account. Does this mean that I am not entitled to add interest when I file a money claim? I would be grateful for some advice.

 

OK, interest

 

You can try to tot up the interest they charged you on each charge, but it's difficult and possibly wildly inaccurate. BUT the charges you can claim back are things which are a penalty for you doing something wrong... for instance "O/D Fee" when you exceed your overdraft limit, or "Returned Item" when they bounced a direct debit. You can't claim the interest they charge you on your whole overdraft.

 

However, the County Courts Act 1984 provides for an individual to claim interest on ANY money owed to them by ANYONE. This is fixed at 8% and in the case of bank charges should be charged at a daily rate of 8/365% per day, from the date the charge was levied to the present day.

 

This interest is nothing to do with banks; it's what you're entitled to claim back against money ANYONE owes you, once you go to court.

[Kay1-9-6-3]

I have recorded all details of my charges and interest using the first calculation sheet. Will this give me a near accurate figure:

 

1712£37.66

eg:

 

Days Interest claim

UNPAID DD FEE £100.00 31/10/2001 1712 £37.66

 

I'm only concerned incase I need to explain how I came to these figures.

[Michael Browne]

This spreadsheet is for calculating the 8% interest that you can claim when you file at court and is accurate, not near, but accurate.

 

If you are talking about interest on your charges which you claim in the prelim and LBA then you need to use the 2nd spreadsheet. This one is near accurate.

[Kay1-9-6-3]

Thanks for that. I feel more confident in my figures and shall add the interest figures to my claim when I file it in court.

[Kay1-9-6-3]

You should write to them saying something like you note that if customers decide to protect their rights as enshrined in Law that they will then refuse to deal with those customers, and that your claim will be filed forthwith and the Judge made aware of their intimidatory tactics.

 

It honestly smacks of gangster culture; you blow the whistle on us and we'll DO YA.

 

Replied to NW and told them I expected a standard letter which boarded on the evasive. Reminded them that I requested that they demonstrate their penalty costs and added your suggestion at the end.

Now I'll file my claim and hope for the best.

[Kay1-9-6-3]

I've used the Particulars of claim information to outline my case. I thought it so impressive. I attempted to past it all onto the N1 form. Is it at all possible to shrink the details so that it fits? Any one with helpful hints will be most appreciated.

 

Moderated: 3 threads merged , please keep to your original thread when updating , Thanks

[Janet-M]

You do know theres 2 pages to the N1 form ? so you should have plenty of room .

If you didn't know don't worry you are far from the first who has tried to fit it in the limited space on page 1

[Kay1-9-6-3]

You do know theres 2 pages to the N1 form ? so you should have plenty of room .

If you didn't know don't worry you are far from the first who has tried to fit it in the limited space on page 1

 

 

 

I thought you had to fit all of the info in to the 'Brief details of claim'.

I made such an effort. I actually fitted it all in after that

Now I know that I can use page 2 to fit the claim details on also, I shall split the info. Thanks for that.

[Kay1-9-6-3]

Does a copy of the Money Claim need to be sent to the Defendants or will the last letter that I sent, informing them that I shall be filing claim in court, be sufficient. Do they need a listed copy of the interest I am claiming.