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    • Hi slick!    On 22 July they said they would refund me £74.07 Theres no DD in place as my membership was a once off payment in November last year.  Hi Dx,    I paid through PayPal last year as a one off payment. 
    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
    • Yes Unicorn feed tax again, can't sue the keeper for more than the Original Charge, so any additional Debt Collection fees aka the £60 they add is abuse,iof process as per HHJ Harvey at Lewes county Court What lookedinfroinfo is indicating is that the main signage on entry and dotted around is merely an " Invitation to Treat", not the offer, the Offer and Acceptance occurs at the payment machine, so wording there is key.
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sicircus V Nationwide **WON**


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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 !

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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

 

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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

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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

 

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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
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  • 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

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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

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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

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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.

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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

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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. :)

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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 !

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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 !

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  • 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

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"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.

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  • 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

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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

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F&Q's... Read here

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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. .

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  • 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

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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. .

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Congratulations. :)

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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

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Very surprising - but well done.

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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 !

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