Benforlini v Nationwide

[Benforlini]

Hi all.

Am sending my Data Protection Act disclosure request off today. One question, Have they not already set a legal precedent by paying some of you guys already?

 

Will keep you posted.

 

S.A.R sent 08.09.06

Repy received 12.09.06

Request for payment sent 20.09.06

LBA sent 10.10.06

Claim Issued 07.11.06 Served 09.11.06

Part payment received 13.11.06

 

Anxiety does not empty tomorrow of its sorrows, but only empties today of its strength.

C.Spurgeon

[austenpowers]

Hi and welcome

 

No they haven't set a legal precedent as none of the cases have ever reached court. I've not actually been paid out yet myself so I'm not sure of the exact wording they use, but it goes something like they don't agree the charges are unlawful and they are confident they would win but claim it is not practical for them to continue with legal proceedings due to the cost involved and that is the only reason they are paying out.

 

Of course the major reason they don't want any cases going to court, is exactly what you say, in that they do NOT want to set a legal precedent.

 

Good luck with your claim.

[Benforlini]

Just a thought.

But surely it would support our claim if it ever got to court.

 

Hope you get paid.

[Benforlini]

Had this interesting response to the manual intervention clause in the S.A.R......

 

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:

• Account opening
  
• Cash deposits
  
• Cash withdrawals at counter
  
• Set up/amendment/cancellation/return of Direct Debits and Standing Orders
  
• Cheque transactions, including returned cheques
  
• Card transactions
  
• Refunds
  
• Complaints
  
• Collection activity
  
• Chaps/Swift
  
• Telegraphic Transfers
  
• Travel Money
  
• Lost or Stolen cards, Cheque Books, Pin Reminders
  
• Duplicate statement production
  
• Change statement dates
  
• Name change
  
• Change of address
  
• Change of account holder
  
• Change of holding branch
  
• Deceased member
  
• Power of Attorney
  
• No Mail indicator
  
• Dormancy
  
• R85 Registration
  
• Probate
  
• Court Orders
  
• S352's

Is this their standard reply or new to a lot of you?

Nevertheless, request for payment sent 20.09.06.

As I'm still waiting to hear from Abbey anyone know the outcome of the Information Commissioners visit

[kydcarmen]

Not seen this one before.

[Benforlini]

Anyone know why they are making an issue of this clause?

[jonni2bad]

Because they would like to pretend that these have happened in your case and this would give them reason to make these excessive charges.

 

Ignore it.

[Benforlini]

Thanks. Have just this morning received their, may be appropriate for you to consider alternative banking arrangements.....will close our file in 56 days letter signed Dannielle Gee, Team Manager, Member Account Servicing. As the original fourteen days is not yet up can I send the LBA now?

[kydcarmen]

I stuck to the 14 days and then sent the LBA. Thats what I suggest you do, then at least your covered and it can't come back on you if it does go to court.

[Benforlini]

O.K. Will do.

[Benforlini]

LBA sent today.

Was it my imagination or did I hear that Watchdog are discussing bank charges next week?

[jonni2bad]

Indeed they are - feel free to write in!!!

[Benforlini]

Also good write up in today's Daily Mail

[Benforlini]

Claim deemed served on the 9th November, S69 payment received on the 13th! Surely even Dolly couldn't have predicted the speed of that payment.

However, claimed 24.9% contractual. Hmm

[redsue]

Hiya matey, how are you doing with your own claim?

[Benforlini]

Sue

 

Having filed their usual part payment defence, just about to confirm to the court that their repayment has not been in full and final settlement as they are still £820 short of what I claimed.

[redsue]

Hi Benforlini

Any further news on your claim matey

[Benforlini]

Hi Benforlini

Any further news on your claim matey

 

Just yesterday received a court date of 10th April following the court giving Nationwide three opportunities to submit their Allocation Questionaire. It has however stayed in the small claims track. Court bundle here I come.

[redsue]

the court giving Nationwide three opportunities to submit their Allocation Questionaire

 

How on earth can this be fair?

If the shoe where on the other foot...

Let us know how you are getting on with your court bundle and give us a shout if you need any help

[Benforlini]

Attended my local court last week in place of my wfe, who was unwell, (so I could not speak) only to have the Judge throw out the balance of our claim for the 24.9% compound contractual interest. All our arguments re implied mutuality and reciprocity, unjust enrichment and the OFT's fairness and balance argument fell on deaf ears as no contract existed originally. However, the Judge did record that the Dunlop case seemed to prove a compelling case for the penalty charges to be disproportionate and therefore unfair. The Judge also mentioned the number of cases he was aware of that had been settled just before a hearing could take place, and I got the impression that these district Judges feel constrained by the lack of legal precedent set by a higher court and accordingly don't want to be responsible for setting a legal precedent themselves.

 

Interestingly the young female barrister acting for the Nationwide confessed to me on the way out that she also was pursuing her bank!

 

Ah well, perhaps our claim was a percentage too far!

[redsue]

never mind Benforlini - FWIW I'm calling a halt too (other bigger fish to fry) as unless your claim is intact you seem to be flogging a dead horse - I am however going to go after them now for pre 6 years. best wishes

[Benforlini]

as unless your claim is intact you seem to be flogging a dead horse - I am however going to go after them now for pre 6 years.

 

Me too, my own personal account this time back to 1994 so keep in touch. I think your right because the Judge seemed quite impressed at the Nationwide having already paid all the charges, S69 interest and the court fee plus another £35 with the copies of their court bundle.