HKS v Nationwide

[HKS]

Have had a look at statements and on internet banking - so far Nationwide owe me over £4000.00 in charges and I am missing 4 statements.

I am waiting for them to respond to my Data Protection Act to get exact amount of charges - they have until 30 July.

When I started to clock up these charges I went into the branch to get help hoping they would give me a chance to get back on my feet – yeah right! They didn’t help at all. Looking at my statements, they have got progressively worse due to the fact that when money is tight, one charge can spiral. It starts as 20.00 then the following month 50.00 etc etc and eventually one month, I had 485.00 in charges.

Anyway, as Nationwide are so busy – surprise, surprise! – I have mailed Charles Bacon via internet banking stating I want ALL of my charges paid back. At least it gets the ball rolling on that whilst I wait for my DPA letter to be responded to.

I will drag Nationwide through court if I have to. I have two young children. I am on my own and putting some money aside, paying off debts and a nice holiday would definitely do the job.

If anyone has any advice on Nationwide it would be v welcome!

[dolly]

Good luck to you!

 

Nationwide are playing it pretty straightforward at the moment in that they don't refund until the moneyclaim is submitted, so stick to your timetable and withing 6 weeks or so of submitting your Preliminary letter you should have your money back.

 

[oooeee]

hi there and welcome to the forum. i agree with dolly here the nationwide seem to be playing by the rules at the moment the longest wait seems to be for the statements initially. but be patient that holiday is only a matter of weeks away!!!! remember to read through all the info on filling out the forms and deadlines etc and to come on here for advice if you need to. good luck (not that you'll need it!!)

[HKS]

Thanks oooeee, I appreciate that. Am getting quite excited about it actually!

I am unsure as to whether I can claim exemption. I have looked at the leaflet and it says you are exempt ‘if you and your partner receive Working tax credit and Child tax credit’. I receive these but I am a single mum so I don’t know. Any ideas or suggestions anyone?

[oooeee]

yeah you can claim exemption from the court fees but this means you have to print out two copies of the N1 form and take them to your local court with some proof of your benefits. i just took my tax credit entitlement sheet with how much i get with me, once there you have to fill out a simple form and hey presto all done. the people at the court were realy helpful when i did mine hope yours is the same.

p.s. as well as the two copies for the court don't forget to keep one for yourself!!!!

[HKS]

Thanks again!

 

Do you know where I get N1 form from?

[HKS]

Just spoke to Nationwide DP team to find out how they are getting on with my copies of statements. I was told it will be with me by Thurs. She said it hasn't been any earlier because they have a backlog of 800 requests!!!! Get in there!!!! They are going to be very busy for a long time!!

 

Anyway, just to warn anyone sending the DPA request, it is likely to be the full 40 days that they take to get back to you. It is a pain but at least people are standing up and getting what is rightfully theirs.

[kydcarmen]

Good luck to you, I was fortunate enough to be able to get all my statements online and sent the 1st letter last week. I am finding this abit daunting though, keep wondering if I have forgot anything or if I have done it correctly.

 

We shall see!

[HKS]

Good on you! Keep me posted.

[oooeee]

Hi there, the N1 form is in the library section on this forum. you can save it to your computer cut and paste the relevant bits from the moneyclaim section - particulars of claim etc - and then print it. you must remember to print a copy for yourself as you can't save it with the info in. take two copies, plus proof of benefits and a sheet detailing all the charges to your local court and then sit back and wait for the cash!!!!

p.s. don't forget to open a parachute account - coop cashminder or natwest step - incase they close your account. they haven't mine but they have to others.

[HKS]

You're a star! Thanks.

 

Applied yetserday for an account!!

[HKS]

Hi ya!

 

Is the co-op cashminder acc any good if you have a poor credit rating?

 

Or can anyone suggest an account which would be? I only want something to set up dd's, So's and take cash out!!

[dolly]

Yes it is a good account - you get an electron card which is accepted most places now. Takes a couple of weeks to set up though and has a good internet banking site where you can pay bills, transfer money etc.

[kydcarmen]

I have applied for a co-op cashminder and also a Nat West step account. Nat West is simple enough, apply onlinee, takes about ten minutes

[oooeee]

Hi there, i got a co-op cashminder account and my credit rating is absolutly atrociuos. alarm bells sound and a flashing light goes off anytime i apply for anything but they were really helpful although it did take a couple of weeks. i got the phone number off the interent and rang them. its done me a big favour actually cos now i have a debit card and llife is so much easier!!!

[HKS]

Excellent, thanks all!!

 

Have sent off LBA today for £4151.32. Getting closer now. It will be such a relief when it is all over - taking over my mind at the moment!!

[HKS]

I am just fillling out N1 form. I know what to put in the particulars of claim but stupid as it seems, I just don't know what to write in Brief details part. Could someone let me know what they wrote please. Also in the value part, I wrote

£bank charges

£interest levied on bank charges

 

I just don't know what to wrtie for the 8% interest. Do I just say £8% interest on penalties?

 

I know I sound like I am being really thick bu I just want to get it right. I can't make a load of cock ups and hang around the court with my young kids whilst it gets sorted otherwise the poor little things will be bored out of their minds!

 

Thanks

[kydcarmen]

LOL.... I am having the same problem. If you figure it out, please let me know.

[HKS]

OK! Here we go - this is what I put.

 

Brief details

 

I am claiming the return of money taken by the defendant in the way of charges over the last 3 years plus the interest they have levied on those charges.

Value

Bank Charges £3934.00

Interest levied on those charges £217.32

Interest under section 69 of the County Courts Act 1984 at the rate of 8% a year £684.55

Total £4835.87

 

 

Particulars of claim

 

Attached on the back of N1 form

 

(What I attached!)

 

PARTICULARS OF CLAIM

1. The Claimant has an account with the Defendant, (a/c no) ,which was opened around (date opened approx).

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £.

b) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from ………..to 08 August 2006 of £….. and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £ (total claim multiplied by 0.00022)

 

c) a declaration from this honourable court that the term of the contract leading to the application of the charges is unenforceable;

 

d) Court costs;

 

I believe that the contents of these particulars of claim are true

 

signed

date

 

 

HOPE THIS HELPS AND HASN'T CONFUSED YOU!!

[HKS]

N1 issued today. Worried as claim is high and imagine that if they are going to see it through and take a case through court, it will be a high one. I have such bad luck so can see it being me! Never mind - I will take it to the end!

[HKS]

Received the intend to defend notice from Nationwide yesterday. Hopefully I will get money in my account soon!

[dolly]

Keep checking from now, can go in anytime of day remember

[davisc02]

Time for Dolly to get out her crystal ball I think, she usually gets her predictions correct to the second:p

[dolly]

Time for Dolly to get out her crystal ball I think, she usually gets her predictions correct to the second:p

 

Ha ha!!!

 

OK then, I predict that some money will have gone into the account overnight tonight. I want to say that some has already gone in, actually, (that's my gut feeling) but I will stay on the side of caution.

[HKS]

How right you were Dolly!

 

Interest has gone back in - split between both accounts.

 

I just did a transfer and it said my balance is £3779 on one account and £1259.32 on the other! Can't believe it!