sicircus V Nationwide **WON**

[sicircus]

Can anyone help me with this ?

I can't find the relative info on here.

 

I had an unauthorised overdraft on a Nationwide Flexaccount about a year ago.

They were charging me 20 pounds a month & interest on it a month,

The charges always go out 3 days before I'm paid so always playing catch-up.

 

overdraft was a matter of 50 quid or something.

I got ahead of the game as of 2/7/08 & was 9.79 pounds in credit.

I seem to remember telling them at the time I wanted to close the account & them telling me I had to reduce the balance to zero to do so.

 

On 28/7/08 they applied another 20 pound charge taking me overdrawn to the tune of 10.21 pounds & have since applied a charge of 20 pounds & interest on 28th of every month since.

 

The overdraft now stands at some 228 pounds on an account I don't want, need or use.

I'm not trying to claim it back as I haven't paid it

- I just want to know how to get them to refund it & close the account

- I've had no communication from them at all

- they seem happy to just let the interest rack up

- I'm starting to worry now though

- can anyone help me with this ?

ie. how do I word my letter to them etc.

 

Thanks from a new guy !

[evancosmo]

Hi there

 

If I've read this correctly you've got an od made up entirely of bank charges. You didn't mention whether or not you've made a claim yet to Nationwide for the bank charges. Even though they are currently stayed i.e. the county courts aren't hearing any more cases until the Lords give their verdict on the OFT test case; I'd suggest you need to get the ball rolling if you haven't already. First thing you'll need to do is a subject access request. The bank charges library is really useful, full of template letters & a step by step guide. Starting this process puts the account in dispute & given we're so close to a final verdict (autumn) they may not default the account, although if they do try & get clever there are templates in the library for that eventuality too.

 

Hope this helps, keep us posted. There's some really experienced guys on here & I'm sure you'll get tons of support as you move this process forward.

 

Regards, EC

[sicircus]

Hi EC,

 

No I've not made a claim yet - I've downloaded a letter template stating I'm not going to pay the overdraft charges - not sent it yet - I've a week off work next week so I'll get cracking with it all then. Not really sure what order to do it all in - need to peruse this site some more. Thanks for your advice.

 

SI

[evancosmo]

keep us posted on your progress

[carolan78]

This is exactly how my account racked up. It was a basic Nationwide Flex account, and they continued to put charges on every month until the balance was £400ish then they closed the account. Two years on and they have filed a county court claim. I am defending the claim because I have always took the view I don't owe them this, if it hadn't been for the 100's of pounds in rediculas charges I would have never have had a negative balance with them in the first place.

Edited July 7, 2009 by carolan78
typos

[sicircus]

Hi,

 

I could do with some more advice on this.

I sent off a Subject Access Request 03/08/09 and received what would appear to be a standard response: a letter outlining their "...current policy on handling complaints from customers about bank charges", stating "...exactly what will happen next will depend on the courts"; a copy of Flexaccount terms & conditions; a 3 page summary of charges applied since July 2005 amounting to 765.57 GBP. Overdraft is 225.49GBP. My request seems to have spurred them into action !!! & I've since received 3 letters.

I have received a letter dated 27th July 2009 asking that I bring account within agreed o/d limit (zero); a letter dated 10th August 2009 stating amount to be paid in full within 7 working days of date of letter or a default will be added to my credit file; a letter dated 27th August 2009 with a Default Notice enclosed, threatening CCJ etc.

I have also had up to 10 a day of those automated messages let on home tel. no.

What is the best way forward now ? As stated in original post I'm new to all this ! Is now a good time to send letter requesting they refund bank charges & remove default notice against my credit record ?

 

It would appear that the current 'stay of execution' works one way ie they can take me to court, but any complaints I have against them are 'on hold'.

Thanks for your help & support thus far

 

Si

[sicircus]

I think I 'smell a rat' here !!! I've paid 10GBP for 2 & a bit pages of A4 copy paper with a simple table of 3 columns: Date, Description, Value - Charge/Refund Transactions 27/07/01 - 07/08/09 indicating a Charges Balance of 765.57GBP.

Is this all the information I'm entitled to under Subject Access Request ? The only other items in the reply were a standard letter re. stance on bank charges/OFT etc & a photocopy of FlexAccount terms & conditions !

 

Thanks again

 

Si

[carolan78]

No they haven't sent you a full Subject Access Request. Did you state you just wanted the charges in your original letter?

[sicircus]

Hi,

 

No I sent the SAR template from this site - requesting all data, not limited to last 6 years etc !!

 

Their covering letter opens:

 

'We are writing to you as you have asked for copies of your bank statements/a list of charges; which we assume is to enable you to reconcile your bank charges

 

We enclose a copy of your statements/ a list of charges as requested'

 

No copy statements enclosed, only 3 photocopied A4 sheets with charges summary as detailed in my previous post.

 

The 2nd covering letter in same envelope is headed:

'Flexaccount Subject Access Requests'

 

saying 'please find enclosed the information for the account requested'...it then goes on to state that '...There are many events in the history of an account which involve manual intervention. Over the course of the last six years, manual processes may have been applied to your account in order to ensure the smooth running of your facilities. If you have conducted any of the following activities, some degree of manual intervention will have been involved, however, please note this is not an exhaustive list, but will provide guidance:'

 

then it's just a panel listing things such as Account opening, Cash deposits etc as bullet points.

 

I'm blazing about these people now ! they've now issued a default notice - more convinced than ever now that I'm going to pursue this vigorously.

 

Just need advice on next steps

 

Thanks

[carolan78]

I think the next step is to put a complaint in with the information commisioner. Have a search around the forum for others that have had the same thing and see what they do. They haven't fully complied with my SAR but I at least got a copy of all the statements. As mine is at court I have included the complaint in the counterclaim, which you obviously can not do.

 

If you need it quickly, maybe send Nationwide a stern letter and a copy of the complaint you have sent to the informations commisioner. Might just give them a kick up the backside.

[sicircus]

Thanks for your input !

I've made a stern but polite phone call to the relevant department at Nationwide informing them of my intention to complain to Information Commissioner if they don't pull their finger out. I've also complained verbally about issue of Default Notice.

 

Need to have a rummage around the forum again now - thanks again foryour input

[sea-sidelady]

Here is the letter you need.

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-

 

I have also moved your posts to make a thread of your own. Keep everything on this one, it is easier to help when everything is in the one place.

[sicircus]

Thanks all.

I have one more question - I've filled in the complex bank charges spreadsheet ready to send off with letter - am I right in assuming that I add up the 3 columns to get final figure I'm claiming ie. Penalty charged, etc ? the final amount I'm claiming appears to be considerably more ( about a hundred quid) than the bank's figure.

Please advise - I'm useless at maths

 

Thanks again

ps the sinister phone calls continue !

[carolan78]

I don't think you add the 8% on to the figure, in my counterclaim I just added the penalties charged and interest they had put on the account together.

[sicircus]

I've not added the 8% - that's on a different page of spreadsheet - there are 3 columns on the complex spreadsheet - penalty charged, interest charged & interest on penalty charges - need to know if I've done it right before I send it off - I've read the postings on interest & no wiser to be honest - just wanna make sure it's right before it goes - I'm kinda 'full steam ahead ' with this now & don't wanna shoot myself or anyone else in the foot !

[sicircus]

Just to let you know where I'm up to and would appreciate some feedback/advice.

 

My preliminary letter and letter before action/charges schedule appear to have been largely ignored eg. standard letters from Flexaccount Collections saying that details have been passed to the Branch Service Centre & they will contact me when they've made a decision - of course never heard anything from them. So, their threats issue from one address - when you reply to that address they reply that it's been passed to another Nationwide address in Swindon - they just seem to be passing the buck !

 

I've never received a full SAR - when they got non-compliance letter 2 they just sent photocopied statements - no notes of manual intervention or legal action so sending letter 3 this week as they've had nearly 3 months to comply & also sending complaint to Data Commissioner.

 

I'm in receipt of a Default Notice requiring action/payment by Sept 10th - never heard anything else about that - I'm hoping they take me to court as whole of overdraft comprised of charges & I feel I have a strong case in that they've refused to comply with SAR.

 

In the next 14 days I'm filing a claim for my bank charges/interest & I'm also going to file claim re. non-compliance of DPA.

 

Thanks - I could do with an 'arm around the shoulder' here - these people (Nationwide) do not seem to give a damn

[indebtstudent]

"It would appear that the current 'stay of execution' works one way ie they can take me to court, but any complaints I have against them are 'on hold'."

 

Unfortunately this is EXACTLY the position, which is why with respect, I disagree with some people about the waiver. It is FAR too cosy an arrangement for my liking.

 

Your claim will most likely be stayed but you have to operate on the assumption that it may not and prepare thoroughly. I believe some people have had success in going after the CRA's as they just take whatever the bank tells them for granted.

[sicircus]

I need some help here with the figures I'm claiming for. What figures do I need to put in my court claim. In my letters requesting payment I added up 3 columns; penalty charges, interest charged & interest on penalties as per complex charges spreadsheet - firstly was that correct ?

When I put my claim on I need to add 8% to the total of the above ? is this right ?

Any help would be appreciated - having set off down this route I do feel a bit abandoned now - appreciate you guys giving your help & time for free. I need advice before I commit to another 100 quid for court claim.

 

Nationwide never bothered to send full SAR; ignore letters; don't seem worried about Data Commissioner or anyone else for that matter.

 

Thanks

 

Si

[sea-sidelady]

I always found using the simple spread sheets were far easier to fill in. I would need to go and have a look at the complex one as it has been a while.

 

Here is some information about interest

 

Claiming Interest

 

What interest can I claim?

If you are claiming unlawful charges from a bank, credit card company or finance company or claiming back PPI payments, you can claim back the interest they have levied on the charges you are reclaiming.

 

You can also claim interest specified under s69 of the County Courts Act 1984 calculated as simple interest at 8% per annum (0.022%/day) on all the charges and interest levied on those charges from the date of the charge until the date of (court) judgement or earlier settlement. You can only claim this interest when you file a claim in court.

 

Did you send spread sheets with your prelim and lba letters? Is this where you have yours from?

http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets

[sicircus]

I won !!!!!!!!!!!!!!!!!!!!! & no need for court - just told them I was reporting to Data Commissioner because they never fully complied with SAR request !

Nationwide credited 418.31 to my Flexaccount today

O/D made up solely of charges !

 

Thank you all for your help

[sea-sidelady]

That is fantastic!!

 

Did you get a letter from them regarding the refund?

[citizenB]

Congratulations.

[BankFodder]

Very surprising - but well done.

[sicircus]

the letter refers to the fact that the o/d was created by them - in other words I was in credit after paying off o/d & they subsequently added charge to take me into red again & continued to add charges.

 

What I did was call them after the High Court ruling & offer to pay half if they 'called off the dogs' - sent an income/expenditure form & just asked that common sense prevail & then I threatened re. Data Commissioner - the feeling I got was that if you approach them it puts you in a better position - the woman I spoke to said they up to their eyes in it following the ruling.

 

refund letter and funds hit account 8th Feb - still got another nasty letter dated 11th Feb from collections !!! & they have refunded the full amount + interest !