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.

[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....

[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

[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.

[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:

[AA99]

Thank you yourbank

[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

[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

[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 ?

[AA99]

Thanks for that but I was referring to which 'covering' letter per post #19 is the correct one to send:confused:

[AA99]

The first one, red and blue, is MSE, the second one is from CAG templates. Why do we have to take them off the thread:confused:

[AA99]

I need to produce a spreadsheet for complex bank charges and am really struggling:confused: The site template shows the link is being restored/worked on. Can anybody help with one please :-?

[AA99]

Thanks tuttsi. I have had a CAG colleague assist me and has entered up all the figures onto a spreadsheet with the full charges including overdraft interest but he is having trouble saving it:???: I know he is a busy man so am waiting to see if it can be saved and emailed back to me. We do qualify for all the Hardship Waiver conditions so am looking forward to submitting the claim. I have in the meantime opened an easy cash online account and have slowly started transferring some benefits into that and switching over the few direct debits I have.

[AA99]

Yes, everything is more than ready! Was going to use the letter per #27 and also there is one on the templates that caro has put together.

 

Thanks

[AA99]

Thank you tuttsi, I agree whole heartedly with what you have said. I would have adapted the letter accordingly. However, I did manage to input all my charges, with and without 8% interest, for the last 6 years and it came to about £4k but then BF broke the news with the new thread about all the interest and particularly the time at which they reached £500, etc. so have been having it revised. I believe I could be looking at plus £10k so have been waiting for that until I put a letter together.

 

In the meantime, I am slowly having my benefits transferred to an online umbrella account together with the only 3 direct debits I have, so that there can be no more charges, etc, on the NW account. I can then hopefully leave the NW account dormant until I put my claim in. Dormant being nearly £2k in agreed overdraft limit........

[AA99]

I am still compiling my charges to claim back, but in the meantime have copied and pasted the following from a fellow Cagger who has received this response and put it in the General Bank Charges thread.

 

Any comments appreciated:)

 

I recently submitted my N1 for charges including overfraft interest as per discussion earlier in this thread and have just received LTSB's defence.

 

In this they state -

 

'The Claimant's claim appears to be misconceived in that the Claimant is seeking a refund of overdraft interest. There is no claim for refund of the authorised rate interest as it is contractually due and is a core term of the agreement between the Bank and the Claimant. As such the Defendant denies that they are indebted to the Claimant for the sums claimed under this heading.'

 

Their defence goes on to quote the case law that they intend to rely on -

 

'Emerald Meats (London) Ltd. v A/B Group (UK) Plc [2002] EWCA Civ 460 which is authority for the proposition that a customer entering into overdraft arrangement could expect to pay interest on the basis of the standard practice operated by the bank.'

[AA99]

Pleasure Landy. I am still compiling figures at different stages. Updates to follow soonest:)