Adthemadlad v Nationwide.

[adthemadlad]

I’m new to the forum. Think my case is a bit unique. I have a nationwide account but about a year ago I switched it to Barclays because I started working for them. I updated my new details on my Paypal account and used it for six months no problems. Then one day Paypal emailed me to say that two payments I had made bounced (they were only for 1 or 2 pounds each. Confused, I checked, and I saw that they had debited my nationwide account instead of my Barclays account (I don’t know how) and a couple days later I received a letter from Nationwide advising me that my account will be charge 30 pounds, twice! This put the account into the red by sixty pounds plus interest. I wrote a letter to my local branch explaining that I thought it was unfair that they charged me this much. A couple of days later they replied saying I should probably take it up with Paypal. Then I was made aware of the Bank action group and here I am. I think I’m doing things right I sent the SAR - (Subject Access Request) - (Subject Access Request) letter and received my copy statements, then I made a spreadsheet outlining all the charges and sent that back with a request for repayment of charges. I know I’ve got a while to go yet.

My problem is that since these two charges put me in the red by sixty pounds I haven’t done anything to stop Nationwide charging me more money. I could go into the bank and settle the overdraft but I just couldn’t bring myself to hand them the money! Now, after a series of monthly unauthorised overdraft charges plus interest, the accounts £144.94 overdrawn! That’s NOT money I’ve spent its all charges from Nationwide. I’ve included the overdraft in my claim

[adthemadlad]

Just got a reply today from them it was personally signed(whether it was personall written or not i dont know):

Dear Mr Jones...

We appreciate your time...Nationwide believes it is open and transparent about charges... you will appreciate why i am unable to refund any charges on your account...

 

They've also include a number to contact them on and what to do if i'm not happy. What do i next?

[dolly]

You're not unique, you know, this happened to me too and I got all mine back. I was 27p overdrawn when I stopped using the account and ended up just over £900 overdrawn because of the charges.

 

I take it you have sent your Preliminary letter and got the bog off one back?

 

Next stage, LBA then onto moneyclaim

 

How much are you claiming for?

[blueskies]

Do you still work for Barclays? If you do could you please PM Bankfodder and let him know. It is a site requirement but you are still welcome to use the facilities and get advice. I would also strongly advise that you remain anonymous everywhere on this site as the banks don't seem to like us very much (I wonder why!) and if your employer finds out your real name they may make things hard for you at work.

 

Good luck and keep us informed of your progress

[adthemadlad]

Yes i still work for barclays but i'm only an 18 year old cashier, I don't think i've got too much to worry about. I'm actually only claiming about just over 400 pounds from Nationwide and i only decided to claim the charges because i think they're were particularly unfair. Its good to see i'm not the only one who has founf themself in this pickle. I'll keep you updated guys.

[adthemadlad]

sent my LBA today getting nervous

[adthemadlad]

I've sent my prelimary about a month and half ago, sent my first request for repayment a month ago and my LBA over 14 days ago. NO reply. Now i have just been on Money claim and completed the form. I wasn't sure what i was doing on the particulars part so i'm just praying i did that right. It broke my heart paying the fifty pound fee but so longs as i filled the form in correct i should get this back! Right?

 

Any one else filled the particulars part of form on the website just tell me what they did? I didn't find it very clear in the step-by-step guide.

 

I'm getting nervous now.

 

This website rules though!

[dolly]

You will be FINE!!!

 

If you want to post what you've put in the particulars section I'll have a look through it for you just to make sure everything runs smoothly

[adthemadlad]

This is what what i wrote in my particulars.

 

I am claiming on the grounds that i have a

contract with the defendant bank 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 3 years, these

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. The Charges are as follows:

TOTAL £449.50

 

What do you think?

[dolly]

Did you put the bit in about claiming tehe 8% interest - you need to do that. If you haven't, ring the court THIS MORNING ASAP otherwise you may lose out on it.

 

I also claim interest under section 69 of

the County Courts Act 1984 at the rate of

8% a year from xx/xx/20xxto xx/08/2006 of

£xx.xxand also interest at the same rate

up to the date of judgment or earlier

payment at a daily rate of £xx.xx

 

To work out the daily rate, you need to do this calculation:

 

Total Of Charges (not including interest) x 0.00022 = xx.xx

So yours would be 449.50 x 0.00022=£0.10

[adthemadlad]

I think it might be too late. Is absolutely neccesary?

[dolly]

If you want the 8% then yes. If you want to change it now it will cost you £35 and time filling out the form. How much was the 8% worth to you?

[adthemadlad]

Filed my money claim and i have my notice of issue back from the County court. The fifty pounds has been paid now all i have to do i suppose is wait for them to reply?

This is it now they should pay up. Right?

[Michael Browne]

Yes, they will probably acknowledge and may well file a defence, but ultimately will settle.

[dolly]

They will acknowledge with intent to defend and then pay up within a few days of the acknowledgement. As soon as they have acknowledged, keep checking your bank account as it will go in as a cash payment - not all at once but in segments.

[adthemadlad]

Its been a long jouney but i'm nearly there. I'm getting scared now. I filed a claim through money claim about a week ago, paid the fifty pounds required and I got confirmation a few days later. Now i have recieved an "Acknowledgement of Service" from the court in which a Mr Charles Bacon has taken over the claim (Any one heard of him?) He's from Legal compliance and has ticked the box on the "A o S" saying he intends to defend the claim.

Someone must have recieved one of these? Is this just to buy more time before they offer half back? Will they defend the claim all the way to court? Or will they just give back the 500 big ones straight away before it even goes that far?

 

Also has anyone else had Charles Bacon from legal compliance deal with there claim? :?

 

Thanks in advance to anyone who can help. This is it I'm nearly there!!! :)

[dolly]

Going to ask for this to be merged with your others.

 

Charles Bacon defends them all. Keep checking your account from now as money should go in any day, any time of day. Shows up as 'Cash Deposit'.

[adthemadlad]

Really is this what happened for you then?

[dolly]

Yep...me and everyone else

[caro]

Threads merged. Please stick to one thread as it makes it easier for simple folk like me to follow your progress and possibly help.