Jump to content
  • Tweets

  • Posts

    • Hi all,   I would like to thank you all for your help so far on this matter. I have been reading some relevant thread on here as rightly suggested to get myself up to speed.   One thing is certainly clear, and that is NO to mediation. I have got to put the form N180 in the post first class tomorrow money to meet Monday's deadline. I haven't really found a clear answer to one or two things: 1) Can i change the hearing venue to my preferred county court? 2) What's my reason for considering the case not suitable for the small claims tack and what alternative?   I'm really sorry to be a nuisance but this has got to be posted tomorrow morning and i'm running out of time.   I am really counting on your advise please
    • I have contested a parking ticket on Bradfield Rd car park in Sheffield i was only there in April for 39 minutes but got issued a ticket saying i was parked in permit holders space. Its normally free for 1hr 30. I have attempted to pay the original fine but it would seem there reference number is incorrect as it does not let me pay.  They have now sent letters demanding £160 and have passed the charge to a company called Zenith.  I have rang wrote etc but cannot get any form of coherent communication and am now worried as to what to do next any advice appreciated.
    • Hi caggers,  OH got a vanquis card, defaulted and made a last payment in July 2015. Since she gave me a heads up with threat letters for pre-court action, I fired off a CCA and got a response way after the prescribed time line (I can live with that).   They did send her a CCA and breakdown of spends. The problem I had with the CCA they sent her was it was pretty unreadable (I can post a copy) but it had her signature on there. I don't doubt the OH owes money but after speaking with her she cannot remember but didn't think it was as much as Lowell's are wanting to claim for as she only had a £500 limit and the amount they want is near £900.   I fired off an AID letter stating the CCA was illegible and at the same time sent a SAR to them specifically asking for a copy of the DN, Breakdown of charges and Interest and anything else they hold.   They come back acknowledging both letters but still asked what she her intentions are regarding the account with failure to do so possibly resulting in a claim form incurring costs.   They also said they will not send any further copies of the CCA as they've already compiled with the original CCA request.   Am I correct in thinking the CCA has to be legible and that this is grounds for the AID? I'm happy to come to an arrangement to clear the right amount owed but not some over inflated figure.   Thanks PM
    • The airline's boss Scott Kirby tells the BBC passenger testing is "key to reopening the world economy". View the full article
    • Latest sales and profits figures from America's big tech companies exceed Wall Street expectations. View the full article
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

sicircus V Nationwide **WON**


Please note that this topic has not had any new posts for the last 3912 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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 !

Link to post
Share on other sites

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

"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

Link to post
Share on other sites

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

Link to post
Share on other sites

keep us posted on your progress

"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

Link to post
Share on other sites

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 by carolan78
typos
Link to post
Share on other sites
  • 1 month later...

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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. :)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

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 !

Link to post
Share on other sites

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 !

Link to post
Share on other sites
  • 1 month later...

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

Link to post
Share on other sites

"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.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

Link to post
Share on other sites
  • 1 month later...

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

Link to post
Share on other sites

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

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites
  • 2 months later...

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

Link to post
Share on other sites

That is fantastic!! :D

 

Did you get a letter from them regarding the refund?

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Congratulations. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Very surprising - but well done.

Link to post
Share on other sites

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 !

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...