kaiser_solsay v Nationwide **WON**

[kaiser_solsay]

Hello all,

 

Claiming for £1,518.00 for fees applied to my account for being slightly over limit.

 

Letter back from Nationwide advising me to contact ombusman to take thing further.

 

Summary Cause Summons submitted instead to Perth Sheriff Court for full amount + 8%apr + court costs.

 

Will keep you all posted.

[Janet-M]

Good luck and yes keep us posted please

[kaiser_solsay]

--------------------------------------------------------------------------------

 

Hi there,

 

I submitted a Summary Cause Summons to reclaim cash back from Nationwide, but its been returned as I have not corrected named who I am raising the claim against.

 

Can anyone help with who I should name and the address for court action?

 

Thanks,

 

Dominic

[Bookworm]

Your local branch address should be ok, unless different in Scotland?

[kaiser_solsay]

Thanks again

[kaiser_solsay]

Hi there,

 

Sorry to butt in to someone else thread but I wondered if you could settle me nerves!!

 

I actioned a 'Summary Cause Summons' (Scottish system) on the Nationwide for payment of £1,248 + fees. They had 21 days to reply before I won the case by default. I received a letter from a solicitors firm in Edinburgh saying that they wish to defend yesterday, one day before the 21 days was due to expire. The actual court hearing date on the summons is for next Friday 28th, and I am now worried that they are going to turn up!

 

Can anyone settle my nerves? Do you think they will show?

[kaiser_solsay]

Hi there,

 

I actioned a 'Summary Cause Summons' (Scottish system) on the Nationwide for payment of £1,248 + fees. They had 21 days to reply before I won the case by default. I received a letter from a solicitors firm in Edinburgh saying that they wish to defend yesterday, one day before the 21 days was due to expire. The actual court hearing date on the summons is for next Friday 28th, and I am now worried that they are going to turn up!

 

Can anyone settle my nerves? Do you think they will show?

 

Solicitors letter read:

 

Morton Fraser Solicitors, Edinburgh.

 

Dear Sir,

 

YOU V NATIONWIDE BUILDING SOCIETY

PERTH SHERIFF COURT

 

We refer to the above matter and enclose defences on behalf of our clients. These have been lodged in process.

 

Defences

 

Admited that this court has jurisduction.

 

Admitted that the pursuer wroteo the defenders seeking to reclaim the total of £1,285.

Admitted that the defender refused to accept the pursuers request and dismissed his claim in writing. Quoad ultra denied.

 

Explained and averred that the pursuer has a cdit card account with the defenders. When that account was opened the pursuer agreed to the defenders credit card terms and conditions of business. Clause 3 of said terms allows the defenders to levy additional charges in the event that the pursuers fails to make a payment, goes over his credit limit, makes a late payment, or if the defenders are oblidged to telephone the pursuer or call at his address because he breaches said conditions. Clause 4 of the terms and conditions permits the defenders to make reasonable changes to the charges levied. On 28th June 2006 they sent a leaflet to the pursuer informing him of the new charges payable under clause 3.

 

The pursuer breached his contract with the defenders. In particular, he breached his obligation not to go over his credit limit. Due to said breach the defenders leived charges puruant to said clause.

[oooeee]

hi there, you must be getting very wobbly now!!!! from everyone i've seen on here they will not show but you must be prepared to go to court if they do. i'm not sure if things are different in scotland? but i received my "intend to defend" notification and the money was in my account the next day. my advice to you would be to keep checking your account in the next week to see if it goes in but you may want to join the court buddy system on here to find someone to lend moral support etc incase they go that far? and read up on what laws they are breaking etc so you know what to say?- theres a good section in the library on this - but i wouldn't panic too much they just want you to back out so they don't have to pay you, i thought i was going to be the one they picked on just as every body on here thought at one point. keep checking your account and let us know what happens. GOOD LUCK

[kaiser_solsay]

Hello,

 

I contacted the sheriff court today and they confirmed that they had heard from this solicitor. They solicitor claims that they are going to appear this Friday at the hearing date. I have taken the morning off to appear so I will keep you guys updated as to what happens!

 

I think that it will just be me that shows up on Friday but you never know!!

 

What do you guys think?

[oooeee]

OMG i would be sh******g a brick by now!! just make sure you read up on everything just incase but i bet you a fiver they don't show. perhaps we could run a book on it? wouldn't get very good odds though. have you got a court buddy? have you checked your account just incase the money is already there? my thoughts are with you mate good luck

[charlieho]

Best of luck against Nationwide Let us know how you get on ,I'm owed about £2,500 in unlawful charges by Nationwide and have broken up into batches of £740.00 (whimped out of summary cause using scottish small claims).See CharlieHo V Nationwide

 

Charlie

[dolly]

Any news on this yet, have you checked your account to see if any money has gone in?

 

Please do keep us updated as I am thinking of you. If I were in Scotland I would definitely come with you on Friday....is there anyone on the buddy system that can?

 

I am still hoping that no-one does turn up but are you well prepared, just in case? You know WHY you are claiming these, and the grounds? Please stay in touch and I'll do my best to help you.

[kaiser_solsay]

Hi guys,

 

2 days to go!!

 

Nationwide don't have my bank account number as the Summary Cause Summons system does give you the option to enter your banking details. I spoke to the sheriff officer on Tuesday afternoon for some advice and he told me that the hearing this Friday will be an initial hearing only and really only to ensure that both parties plan to continue with the claim/defence. He said that it would be an initial 5 minute session and that we would then receive a second hearing date to get down to the nitty gritty. I'm hoping that they will not turn up!!

 

My wife did receive a phone call from the Nationwide this afternoon though, looking for me, however I was still at work. She gave my mobile number but they did not call....I wonder if they were calling to make me an offer??

 

I'm not sure how the buddy system works?? Can anyone help?

[dolly]

The Buddy System can be found HERE. They are people in your area who may be willing to go to court with you I believe. It might be a bit too late though now as it is such short notice.

 

I imagine that Nationwide did want to speak to you about the case and I bet that they call back tomorrow.

 

Can I ask why you never broke the claim down so it was under £750?

[dolly]

Any update ???

[kaiser_solsay]

Hey Dolly,

 

Interesting day today!

 

I recevied a call from Nationwide this afternoon. They wanted to confirm my postal address for forwarding a cheque for £693! However....the amount they are refunding is for my Flex current account that I had noted in my original letter to them way back at the start! The court summons i have actioned was for the fees applied to my credit card - £1,285 and I was going to action a second claim for the £693 via small claims. I asked them if they planned on settling my credit card fees but they told me that it was a different dept that delt with credit card claims. I took this dept number and called. They knew nothing of my claim (or so they said) and told me that they would get back to me. They called me back within 20 mins and said that the recent OFT ruling stated that the maximum that any bank could apply was £12 therefore Nationwide were prepared to only pay me £8 of the £20 fee's applied to my account. Also...as Nationwide charges were £12 up until 2004 they would only offer to may me £8 per fee as of 2004! I refused and told them I would see them in court!!

 

They called me back again and said that if I was not prepared to accept this offer then a representative would appear tomorrow morning at Perth Sheriff Court, 9.30am.

 

I am extremely confident that no-one will show. How could they hope to successfully challenge me after agreeing to refund my current account fees and then offering me part payment for the credit card claim.....surely this is admitting their guilt?!?!

 

What's you view?

 

Dominic

[dolly]

I reckon you will be getting a phonecall about 8am tomorrow morning with some office junior snivelling that they will pay them all. Either that or they won't turn up and if they do it'll be no biggie if it is just to postpone to a later date.

 

As for the £12 thing that is just a smokescreen, a lot of them are doing that and at the moment it is just a guideline by the OFT, nothing has been passed to say that they are perfectly legitimate charges.

 

The thing is, if they do ring to settle early doors tomorrow you need to make sure that the money is in your account before the court hearing at 9.30 otherwise you make sure you turn up. They could try and trick you, saying they will pay it in the hope that you don't turn up and they can get the case thrown out.

[kaiser_solsay]

Hiya,

 

Yeah I have taken the morning off from work so will be going regardless.

 

I have told a guys in the office at work all about my claim and they are all busy looking out their bank statements!

 

I have actually completed other claim forms for Clydesdale, Cahoot, Egg and was waiting first to see what happened with the Nationwide...a test case as you will!

 

I have already opened an accout with the RBS in advance of submitting my Clydesdale claim..got £100 for swopping too!

 

Will be in touch tomorrow afternoon to let you know the outcome.

[dolly]

I can just see them offering you a wad of cash on the steps of the court

 

Will be thinking of you in the morning, please do update as soon as possible.

[oooeee]

i'm excited and nervous for you!! i wish i lived up there to come and give you some support but thinking of you.

[dolly]

Just keeping this near the top.....hope it went OK.

[rafearnhead]

BUMP!

 

Good luck mate!

[dolly]

You do realise that my nerves are in pieces here???

[wizzywig]

Just been reading this thread as I too will be taking on the Nationwide in Scotland... I was getting so worried for you. I hope everything went ok this morning. I am dying to hear how everything went.

[oooeee]

if i log onto this post one more time today my other half says he'll divorce me!!!! so doing it secret whilst he's out lol. i'm hoping all went well for you mate xx