AA99 v Nationwide

[AA99]

My main bank current account is with Nationwide and we have lived on a £1,800 agreed overdraft for over 6 months, and I have £4,500 charges to claim off them yet (or at least get in the queue for a hardship claim) and my OH has £5,000 owing on a Gold Card with Nationwide so have been treading very gently with them.......

They have accepted no charges & interest for 6 months at £20 p.m. but they say it's not worth it to them anymore as it costs them £20 p.m. to check to see if I have paid it! They will hand over to a DCA next month! In a predicament about how much to rock their boat.

[AA99]

I will post this also on the Hardship Claims and FSA Waivers with bank charges, but in the meantime, shall bump my own thread, and let you know.....

 

I have just been on Mr MSE's site and someone on there has just had £2,000 worth of mortgage and council tax arrears paid off directly by the bank as part-settlement of his hardship charges claim. He is happy with that. The balance of the claim will progress with the FSA/Lords decision on charges.

 

I am about to submit my claim regardless as we are now in severe hardship and the Nationwide account I've had for 25 years is my single biggest source of funds for payment of utility bills (£800 shortfall) over 6 months:(

 

Wondered if anybody else thinks could be a good way to go, or not :?

[AA99]

My OH received this letter today for his Credit Card. I found it quite offensive and I have composed a reply that I think is too gentle. I would like to continue interest frozen, no charges, and a further regular supply of funds dropping the balance owing. They are just hassling for arrears when we've been on a plan for 7 months:-x

 

Wondered if I could slip in a threat about copying their letter to Unfair Practices people, whichever law/act/statute is applicable:confused:

 

There are no exorbitant interest rates of charges to claim and I am in a predicament with post #1

 

HELP please:eek:

[AA99]

Please could a mod change my title of this thread to Nationwide instead of NW. Thank you. As this is in the Bank Action group, I shall copy and cut my other posts to a new thread AA99 v Nationwide Credit card in Debt Action Group.

[yourbank]

Just found you AA.

[MARTIN3030]

In response to your question AA-the answer is no.

[headoutthesand]

Hi AA

 

Just read your post on another thread. How are you getting along thus far with this hardship claim against Nationwide?

[AA99]

Hi AA

 

Just read your post on another thread. How are you getting along thus far with this hardship claim against Nationwide?

 

Hi, thought I recognised you! Thanks for subbing! All I've done so far is input all the charges on a spreadsheet which I've boshed up and have to re-do, also in process of opening a parachute account....

[headoutthesand]

Okay so you have £4500 of charges plus interest on them plus compensatory 8% to claim ?

 

Do you feel you fit in the hardship criteria ? I assume so as you are considering bankruptcy. Will have a read of your thread up there try and get a better picture.

 

What debts/arrears do you have as well as the nationwide goldcard? Mortgage/Rent/Utilities/Council Tax ?

Is the £800 shortfall you spoke of utilities arrears ?

 

If you do, then don;t worry too much about your charges spreadsheet for the moment, concentrate on getting the hardship claim in and recognised by Nationwide. They arent the easiest either unfortunately. So the more info you can give me about your circumstances the better.

 

Are you on a flexaccount with them at the moment?

 

 

 

You are in a DMP - is this self set up or through payplan/cccs ? They have been accepting payments on the c/card of £20 pcm for 6 months and frozen interest and charges. Have just started hassling you again. You will need to go back to them with an update of your circumstances, updated IE sheet etc... even if they havent changed, and make a new offer for the repayment plan.

 

Threatening 'collection agents' etc when on a plan is out of order - have a look at the http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf might give you something to chuck at them. Did you send off the 'gentle' letter you wrote ?

 

I will try help you with the hardship claim if I can, if you can;t get me then pm yourbank, jansus or tuttsi.

Edited April 6, 2009 by headoutthesand

[headoutthesand]

There we are, http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/192830-aa99-bankruptcy.html should have read that first, gives a much better picture.

 

Def a decent case for hardship. The money isnt going to go far, but if you can get it now, before going for the BR, it will pay up your rent arrears at least and might cover the BR fees.

 

As you are on benefits and unlikely to go back into work, and in rented accom, then I do think you are thinking on the right lines, but you are right to take your time in thinking about it, and absolutely spot on in trying to keep paying what you CAN afford to the creditors.

 

If you want a hand with the letter for NW please just shout.

[AA99]

Thank you very much for your advice:) I have managed to agree payment plans with various creditors including the Nationwide Gold Card directly. I did send off the letter in response to their 'threat' but have had no reply directly to that letter, instead have received a DN, and 3 more threatening letters:mad: I have been trying to keep my 2 threads with Nationwide separate. One is for their Gold Credit Card and one is for my Flexaccount bank charges:confused:

 

http://www.consumeractiongroup.co.uk/forum/nationwide/191402-aa99-nationwide-gold-card.html

Edited April 6, 2009 by AA99
Link for credit card thread

[headoutthesand]

Okay, concentrate on the hardship claim on this thread in that case.

 

Have you completed the income expenditure form? I assume you did one for your £1 offer payments so you can use that for this too.

[AA99]

We submitted an I&E to all our creditors on 8 September 2008, clearly showing a repayment to them all of £20 p.m. except for AA99 v GEMoney (Car Loan) which was £55 p.m. They issued a faulty DN and wouldn't accept. The others are in the region of £20 p.m. each but nothing to MBNA who don't have our CCA's. I have just downloaded the CFS from the link below and will do a revised one now because, in actual fact, expenses have more than risen.

 

I am particularly concerned, being on benefits, about the amounts that "the government says you need to live on" My gas & elec have gone from £38 & £28 each p.m. to a requested £70 p.m. each. Atlantic haven't been much help and Ofgem are a bit concerned, but the last advice I had from them was to take the bills to the Housing Benefit office which I am going to try and do this week:confused:

 

I thought an approach to Nationwide, beside the new FSA Waiver iro Hardship, would be to ask them to repay my priority debt arrears from my charges as someone else on here successfully did. I would be happy with that and, of course, they would eliminate my agreed O/D of £1800.

[headoutthesand]

Yes that is a good approach as they can see you are comitted to sorting out your finances.

 

Do you have a basic idea how much your charges are? will they more than cover your £1800 OD and priority arrears ?

[AA99]

Unfortunately I boshed up my spreadsheet but was roughly £4,000

 

In fact, just looking through my documents, I have so many sample spreadsheets that I've lost track which is the most uptodate one to use:confused: Initially I added 8% even though one is not meant to until court, but now am confused:confused:

[yourbank]

the waiver allows for compensatory interest so its okay to add it in now for your hardship claim. Getting the letter and evidence to nationwide is more important than getting your spreadsheet perfect.

[AA99]

Thank you yourbank

[yourbank]

 

yourbank, I thought as much:cool:

 

So, can you both bounce into my thread (and show me and the rest of us how to really tantalize my bank into refunding my charges, OR, paying my priority debts in the meantime:p) and post a template'ish letter in my thread for me Special request ;-)

http://www.consumeractiongroup.co.uk/forum/nationwide/176846-aa99-nationwide.html

 

Thanks for PM Caro(I have responded to your concerns).

Target your letter specifically to Hardship:

 

"2.

In making an assessment of financial difficulty the firm will take into account:

a.

evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;

b.

evidence of the following events:

i.

items repeatedly being returned unpaid due to lack of available funds;

ii.

failing to make loan repayments or other commitments;

iii.

discontinuation of regular credits;

iv.

notification of some form of insolvency or court proceedings;

v.

regular requests for increased borrowing or repeated rescheduling of debts;

vi.

making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and

vii.

repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty)."

 

Target 2(a) and 2(b). And chase it up if necessary. Sometimes you can see that having patience does not really indicate hardship cos if I am in hardship, I would ringing them everyday at 9am. Hassling them will get a response quicker for some reason otherwise you are simply in a pile of letters and forms on someones desk.

[AA99]

Hi:) Am nearly at the end of my tether:mad: Have spent 2 whole afternoons compiling my spreadsheet charges and finalised it, phew!

 

However, have also spent another afternoon looking for the right letter to send. Caro's produced one and I have combined that with an MSE one. Please can somebody confirm which one would be right to use?

 

[insert your name

and address]

[insert date]

[insert name and

address of bank]

Dear Sir or Madam,

Account number: [insert account number]

I am writing to request that you repay all the default charges that have been applied to my account since 27 July 2001 [include if relevant or delete, stop any debt enforcement action being taken against me] and stop adding any further charges to my account. I do not believe these charges reflect the true cost to [insert name of bank] of going into unauthorised overdraft.

 

I request that you deal with my case now rather than once the test case has ended as I am currently experiencing financial difficulties due to [select from a loss of employment / disability / serious illness / imprisonment / a relationship breakdown / the death of a partner / starting a lower paid job / needing to take parental care leave / starting full time education] and the FSA waiver states that you should continue to deal with hardship cases.

My current circumstances mean that I [enter full details of why you are in financial hardship and the effect is has on your life, for example are you missing mortgage payments, needing to take cash out on a credit card to pay for day to day goods].

[use this section if you rely on income based benefits as your income or delete]

Additionally, I rely on means tested benefits for my income and this has been set by the government as the minimum amount of money someone needs to live on.

The charges total £[insert total charge], plus as I believe I have been unlawfully deprived of the money I have calculated £[insert total of interest] interest at the statutory rate, the amount a court would award.

 

I therefore ask that you repay me the full amount of [insert total of charges plus interest]. I have attached a full schedule of the charges and interest with this document.

I look forward for a full response to this letter within 14 days.

Yours faithfully,

[insert your signature]

[insert your name (printed)]

[include the print out of charges and interest from the calculator and be sure to keep a copy for yourself]

Your Name

Your address

Date xx/xx/xx

Your Bank

Your banks Address

Dear Sir/Madam,

 

Notice of Consideration for Hardship Status

Claim reference Number xxxxxxxxx

Account number xxxxxxxxxx

Please find attached a detailed summary of my financial standing, as evidence in support of my claim/request, be treated sympathetically and speedily in view of hardship.

In making this request, I remind you of your duty to comply with conditions agreed in the waiver of July 2007 and continuation of July 2008 between yourselves and the FSA.

I look forward to acknowledgment of this, with an undertaking that you will proceed to process it, as per the requirements of the terms agreed within the waiver.

Yours Faithfully

xxxxxxxxxxxxx

Enc; Financial Statement.

Data protection act 1998.

I give my permission for you to process/use data related to me, in the course of processing my claim/inquiry to a satisfactory conclusion.

Signed xxxxxxxxxxxx Name xxxxxxxxxxxxx

Date xx/xx/xx

[BankFodder]

AA99,

 

I've sent you an email

[yourbank]

AA, as BF is helping you I am gonna step aside.

[AA99]

AA, as BF is helping you I am gonna step aside.

 

YB, thanks for the consideration but BF and I were talking about something completely different. Perhaps you would still please like to comment on the letter/s, am particularly concerned about whether I should refer to FSA Waiver 2008, threaten court, ask the bank to at least pay my rent and utility bills. My charges only from 2003-2009 amount to £3,500 with NO interest added yet.

 

Your comments would be appreciated

[yourbank]

I'd refer to the one in 2009 perhaps, as it has taken over from that one. I would aim it at arrears, and FSA Waiver specific.

 

2.

In making an assessment of financial difficulty the firm will take into account:

a.

evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;

b.

evidence of the following events:

i.

items repeatedly being returned unpaid due to lack of available funds;

ii.

failing to make loan repayments or other commitments;

iii.

discontinuation of regular credits;

iv.

notification of some form of insolvency or court proceedings;

v.

regular requests for increased borrowing or repeated rescheduling of debts;

vi.

making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and

vii.

repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).

[AA99]

I'd refer to the one in 2009 perhaps, as it has taken over from that one.

Which one is that YB ?

 

One more thing, what would be the job title/position of who it should be addressed to ?

[yourbank]

http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf

The above one.