Help with Nationwide

[fizzle]

Hi I was hoping I could get some help in drafting a letter to Nationwide

 

I have a Flexaccount with nationwide which I didn't use and it had a zero balance with no overdraft. A couple of years ago, somehow they attached a direct debit for a service, which I didn't authorise, obviously when it came around it bounced, this happened twice before I noticed and received letters. Long story short I failed to dispute it while charges were racking up and ended up totalling about £270 worth of charges, which I paid.

 

While it would be nice to get the charges back, What I really would like from them is to remove the default they have put there, I have only just recently discovered that while the rest of my file is clean, the default they have put on there has caused me issues

 

Could I use the sample letter and just add a bit asking for the default to be removed?

 

Any help would be really appreciated!

[BankFodder]

You should also be covered by The direct Debit Guarantee.

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/27/27-directdebit-guarantee.htm

 

and you should make a complaint uder ths. Do they say that you did autorise the payment? What is the story.

I think that if it is their fault then you are looking at return of charges, default removed and an extra payment for the cheek.

I don't uderstand why you paid it?

 

More info please

[fizzle]

Finally got round to sending them a letter by recorded post today.

 

I'll let you all know the outcome!

[fizzle]

Hello!

 

got a response from nationwide, I've scanned it as its too long to type!

 

links here:

 

http://img374.imageshack.us/img374/652/nationwide13ra.jpg

http://img98.imageshack.us/img98/2008/nationwide20oe.jpg

 

 

Also here is the text from the original letter which I modified slightly from the library and sent.

 

Nationwide Building Society

Nationwide House

Pipers way

Swindon

SN38 1NW

 

WITHOUT PREDJUDICE

 

Dear Sir,

 

ACCOUNT NUMBER:

 

I have held the above mentioned current account with your bank for the past 5 years. During this time I have incurred charges for going overdrawn due to bounced direct debits, and unauthorised overdraft fees & Interest.

 

It is my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law.

 

Murray v Leasureplay (2004)

Dunlop Tyre Company v New Garage and Motor Co. (1915)

Bridge v. Campbell Discount Co. Ltd. (1962)

 

There are many more cases of this type far more than I have room to list here.

 

Further to these cases, I also believe these charges to be a direct breach of the 1977 Unfair Terms (contracts) Act which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.

 

With this in mind, I respectfully request that you return to me ALL charges made on this account in the last 5 years within 7 days of receipt of this letter by way of personal cheque. If you choose not to do so, I will start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs and for an extra 8% APR as allowed by the County Courts Act (1984). I also request the default and ‘late payment’ records related to this account to be removed from the files of credit reference agencies, Experian and Equifax, as they were put there by yourselves, in relation to these charges.

 

Further to this, if you decide NOT to accept my offer of settlement of this issue, I would like to make a formal request under the Data Protection Act (1998) for a complete and exhaustive list of all charges made on this account over the last 5 years. As you are no doubt aware, you are afforded 40 days to comply with this request or you must request an extension from the Information Commissioner. If you are of any doubt that this information is covered by the act, may I respectfully draw your attention to the case of Durant v FSA 2003 where the judge ruled that bank statement information is indeed personal information and thus covered. In any event, this information is requested with a view to prospective legal action on my part and therefore would be covered under the same act.

 

 

 

 

I have not received a list of charges from the bank as stated in the letter.

:?

 

What action should I take next ?

 

many thanks

[fizzle]

Hello!

 

got a response from nationwide, I've scanned it as its too long to type!

 

links here:

 

http://img374.imageshack.us/img374/652/nationwide13ra.jpg

http://img98.imageshack.us/img98/2008/nationwide20oe.jpg

 

 

Also here is the text from the original letter which I modified slightly from the library and sent.

 

Nationwide Building Society

Nationwide House

Pipers way

Swindon

SN38 1NW

 

WITHOUT PREDJUDICE

 

Dear Sir,

 

ACCOUNT NUMBER:

 

I have held the above mentioned current account with your bank for the past 5 years. During this time I have incurred charges for going overdrawn due to bounced direct debits, and unauthorised overdraft fees & Interest.

 

It is my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law.

 

Murray v Leasureplay (2004)

Dunlop Tyre Company v New Garage and Motor Co. (1915)

Bridge v. Campbell Discount Co. Ltd. (1962)

 

There are many more cases of this type far more than I have room to list here.

 

Further to these cases, I also believe these charges to be a direct breach of the 1977 Unfair Terms (contracts) Act which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.

 

With this in mind, I respectfully request that you return to me ALL charges made on this account in the last 5 years within 7 days of receipt of this letter by way of personal cheque. If you choose not to do so, I will start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs and for an extra 8% APR as allowed by the County Courts Act (1984). I also request the default and ‘late payment’ records related to this account to be removed from the files of credit reference agencies, Experian and Equifax, as they were put there by yourselves, in relation to these charges.

 

Further to this, if you decide NOT to accept my offer of settlement of this issue, I would like to make a formal request under the Data Protection Act (1998) for a complete and exhaustive list of all charges made on this account over the last 5 years. As you are no doubt aware, you are afforded 40 days to comply with this request or you must request an extension from the Information Commissioner. If you are of any doubt that this information is covered by the act, may I respectfully draw your attention to the case of Durant v FSA 2003 where the judge ruled that bank statement information is indeed personal information and thus covered. In any event, this information is requested with a view to prospective legal action on my part and therefore would be covered under the same act.

 

 

 

 

I have not received a list of charges from the bank as stated in the letter.

:?

 

What action should I take next ?

 

many thanks

[Guest enforcer]

ive had exactly the same reply from the same woman miss dannielle block..ive sent a second letter off today insisting that her charges are not transparant as i asked for a detailed breakdown of them in my last letter but she still failed to supply one..so i insisted on a refund of all charges within 14 days or i will proceed with my claim including interest and court costs which i enclosed an account of using the template in the library...totalling an extra £270 on top of the charges...hopefully they will either ignore this letter or refund the charges....ill let you all know in a fortnight

[Guest enforcer]

ive had exactly the same reply from the same woman miss dannielle block..ive sent a second letter off today insisting that her charges are not transparant as i asked for a detailed breakdown of them in my last letter but she still failed to supply one..so i insisted on a refund of all charges within 14 days or i will proceed with my claim including interest and court costs which i enclosed an account of using the template in the library...totalling an extra £270 on top of the charges...hopefully they will either ignore this letter or refund the charges....ill let you all know in a fortnight

[fizzle]

I would phone and remind them that you made an official request under the DPA for a list of charges and that the clock is ticking - they have only 40 days to comply.

 

Ask if they should view tje lack of response regarding the DPA request as a refusal - in which case report them to the IC straight away.

 

He might eventually get the message that banks are not complying.

 

Thanks,

 

I will also try my luck for a list of charges in a branch on my lunch hour tomorrow.

[fizzle]

I would phone and remind them that you made an official request under the DPA for a list of charges and that the clock is ticking - they have only 40 days to comply.

 

Ask if they should view tje lack of response regarding the DPA request as a refusal - in which case report them to the IC straight away.

 

He might eventually get the message that banks are not complying.

 

Thanks,

 

I will also try my luck for a list of charges in a branch on my lunch hour tomorrow.

[fizzle]

ive had exactly the same reply from the same woman miss dannielle block..ive sent a second letter off today insisting that her charges are not transparant as i asked for a detailed breakdown of them in my last letter but she still failed to supply one..so i insisted on a refund of all charges within 14 days or i will proceed with my claim including interest and court costs which i enclosed an account of using the template in the library...totalling an extra £270 on top of the charges...hopefully they will either ignore this letter or refund the charges....ill let you all know in a fortnight

 

they must just be sending out a standard reply to most people, in hope that we forget about it. How wrong are they!

[fizzle]

ive had exactly the same reply from the same woman miss dannielle block..ive sent a second letter off today insisting that her charges are not transparant as i asked for a detailed breakdown of them in my last letter but she still failed to supply one..so i insisted on a refund of all charges within 14 days or i will proceed with my claim including interest and court costs which i enclosed an account of using the template in the library...totalling an extra £270 on top of the charges...hopefully they will either ignore this letter or refund the charges....ill let you all know in a fortnight

 

they must just be sending out a standard reply to most people, in hope that we forget about it. How wrong are they!

[fizzle]

I managed to get all the statements from a branch today and have worked out the costs of the charges, using the excel sheet from the library.

 

should I send another similar letter to the one I sent above what wording should I change ?

 

thanks for your help

[fizzle]

I managed to get all the statements from a branch today and have worked out the costs of the charges, using the excel sheet from the library.

 

should I send another similar letter to the one I sent above what wording should I change ?

 

thanks for your help

[BankFodder]

Letter before action from the library

[BankFodder]

Letter before action from the library

[fizzle]

right, they have had another letter with no response. Their time is up now. Just about to do the moneyclaim form.

 

Just wondering can I also put the bit about removing the default in the particulars of claim?

 

thanks

[lee6370]

I also had the standard letter, and i've now started action against them. It seems that their way of dealing with people who respond to the standard letter is to ignore them.

 

I sent 2 letters after getting their standard reply letter and have heard nothing.

[BankFodder]

right, they have had another letter with no response. Their time is up now. Just about to do the moneyclaim form.

 

Just wondering can I also put the bit about removing the default in the particulars of claim?

 

thanks

 

Before you go further,

 

Have you got a copy of the direct debit? Was it signed by you? Who was the beneficiary.

[fizzle]

right, they have had another letter with no response. Their time is up now. Just about to do the moneyclaim form.

 

Just wondering can I also put the bit about removing the default in the particulars of claim?

 

thanks

 

Before you go further,

 

Have you got a copy of the direct debit? Was it signed by you? Who was the beneficiary.

 

No, I don't there is no copy of it as fair as I am aware, i've tried for 2 years to get information off them about it without any luck, if there is anything signed it wont be by me, it was for a telephone company who I don't even use!

 

I am not mentioning that in the court bit, as the charges are unfair anyway thats what I was putting in my claim. So, do I add the default details to the claim or not ?

 

thanks

[BankFodder]

Yes bu I am getting curious about this direct debit.

 

I don't think that you should take any more action for a moment.

Have you sent a DPA request for the direct debit or evidence of it?

Have you got anything in witing which refers to it?

 

It seems to me to be very important to your case.

[BankFodder]

Which is the telephone company?

Have you put a dpa request in to them?

[fizzle]

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