Pezza76 v Nationwide

[pezza76]

Posted data request letter 16th august recorded delivery

 

29th august - letter from nationwide saying they are processing my 6 year statements

 

8th september - have received my statements for last 6 years:eek:

[dolly]

Great stuff - enjoy going through them...hope you find loads

[pezza76]

Thanks for your support. I am a little confused so may be you can help me? After going through my statements from the past 6 years, the charges total up to around £2500. I'm about to send the prelim letter. In this letter do I ask for £2500 and overdraft interest charges? The interest charges work out at about £950 on top of the £2500?

 

Hope you can help.

[livelylad]

:Dyou claim interest at the MCOL stage. you can only claim overdraft interest if the charges they levied put you over your overdraft limit. Hope this helps:D

[pezza76]

It does indeed, thanks for your help. The prelim letter will be going in the post tomorrow!! 8)

[pezza76]

Update - Prelim letter sent to Nationwide on 8th September 2006

 

20th September - Standard reply from Paula Blake at Nationwide in Swindon?? I have been sending my other letters to Northampton? Which address do I send the LBA to?

 

Could someone please be so kind to check through my LBA wording before I send it? I have used the standard template, but changed the wording as they did respond to my prelim letter, but not in the way I wanted them to?

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

I am very disappointed that you have failed to positively respond to my letter of the 8th September.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 8th September.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

 

 

 

 

 

 

 

Yours faithfully,

 

 

 

 

[pezza76]

Update - I sent the LBA on Monday of this week (25th September), have just received a letter through from Nationwide today saying

 

"Thank you for your recent letter.

 

I'm disappointed to learn we haven't been able to resolve your complaint to your satisfaction at this stage.

 

As the Nationwide group uses the Financial Services Authority rules when dealing with customers' concerns, I am now referring your case to our Member Service Department for them to review under the complaints procedure.

 

Member Service will look into your case and will provide a final response on behalf of Nationwide. If you are still not satisfied after receiving their reply, you may then approach the Financial Ombudsman Service for an impartial and independent assessment of the situation.

 

I have enclosed another copy of our intentional complaints procedure for your reference.

 

Yours sincerely

 

Paula Blake"

 

Can anyone please tell me if this is a standard reply? What do I do next? Wait until the Member Services department contact me or wait for the 14 days to expire and file a claim on MCOL??

[jacquij123]

Hi, This is a standard letter from Nationwide, wait until your 14 days are up and then go onto the next stage, Goodluck!

[pezza76]

Thanks very much. I'm slightly concerned with the prelim letter and the LBA I sent to them, as I think I got confused with the interest. I asked for all of my charges back which equates to £2600 + all of the overdraft interest they have charged me which was £900. Should I have done this?

 

I basically have an overdraft with them for £2290, if it wasn't for their charges I would be in credit with my account, hence not accruing any o/d interest.

 

Please help!

[pezza76]

*UPDATE*

 

Received through my final fob off letter from Nationwide Member Services today.

 

This bit made me laugh

 

"We are genuinely sorry that this matter has caused you concern and hope this clarifies the situation and explains why we are unable to refund your charges"

 

Yeah of cause you are concerned!!!

 

Anyway I'm just preparing my MCOL. Could someone please just have a read through and advise if everything is ok with the wording?

 

1. The Claimant has an account ******** with the Defendant, opened May 2000 2. Since 22/03/01 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Contract Terms in Consumer Contracts Regs 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £2549.00; (b) Interest per S.69 County Courts Act of 8% - £591.78 continuing at 8% until judgment or settlement at a daily rate of £0.00022; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

Your advise would be greatly appreciated.

[pezza76]

Right this is my last try before I send it on Tuesday, I seem to be speaking to myself all the time!

 

Can someone please just check this over for me.

 

I have changed the wording to read

 

 

 

Claimant has account ******** with Defendant

from 29th August 2000 conducted on their

standard

terms and conditions. Claimant is claiming

the return of £2549.00 taken by Defendant in

charges over 6 years. The Defendant's

charges are a disproportionate penalty and

therefore unenforceable as they are contrary

to common law. They are also invalid under

the Unfair Contracts Terms Act 1977 s.4 and

under the Unfair Terms in Consumer Contracts

Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a

penalty they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. Defendant has declined

justification of charges despite repeated

requests. Claimant claims interest under

Sec.69 of the County Courts Act 1984 at a

rate of 8% a year from 23/3/01 to 10/10/06 of

£595.14 and also interest at same rate

up to the date of judgment or earlier

payment at a daily rate of £0.56p

[pezza76]

Hi it's only me talking to me again!!!

 

Just an update claim has been processed on MCOL, will now sit back and see what happens!

[rachel 92]

Good luck I have to file my claim Thursday so will be following your case with interest.

[pezza76]

Hi Rach,

 

How much is your claim for?

 

Good luck!

[rachel 92]

Total value with 8% £2,523.01. Keeping my fingers toes everything crossed. Best of luck with your claim.

 

Rach

[pezza76]

Update - MCOL issued on 11/10/06

Acknowledged 17/10/06

 

What happens now?

[fuzzgun19]

I have been reading here -

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

..and it states

 

"The bank will now either....

 

A) Ignore the claim completely - they can claim incompetence as the reason for not Acknowledging or defending and you win by 'default' after 14 days. You will need to apply for a judgment which you should do as soon as the time limit has expired.

 

If they get a defence in before you apply for the judgment, then they gain the right to proceed into court if they want.

 

B) Acknowledge the claim - this buys them a further 14 days to enter a defence. Some banks will acknowledge the claim and then pay up. They know you MEAN it now! For every threat that gets this far, there are many more that give up long before this point and they know it.

 

Some will acknowledge the claim, but 'forget' to enter a defence - after 28 days from the date the papers are served on them you will have won by default and you will get all your money back. Once again, you will need to apply for a judgment. If they do not pay you in full, you have every right to send the bailiffs in - this can also be done from the moneyclaim.gov.uk site or by applying in person at your local court (if you started your claim this way)

 

C) Settle the claim in full, including interest and court fees (if they offer to settle for anything less, then refuse - YOU WILL GET THE FULL AMOUNT)

 

D) Submit a defence. If they do this, the court will send you an Allocation Questionnaire form to complete. This is quite straight forward and, once again, there is help for completing one."

 

I would keep checking your bank account tho, incase they settle.

[dolly]

They will acknowledge with intent to defend and round about the same time, pay out.

[pezza76]

Great News!!!!

 

Have just checked my account on Telephone banking and a cash deposit has been made for £715.32 which is the exact amount I was asking for in Interest plus the £120 court fee!!! Just waiting for the further £2579 to be credited and I've won!!! Get in there!!

 

Thanks to everybody who has helped me, I couldn't have done it with out you.

 

Donation is well and truly on it's way!!!:grin:

[Guest Partypip]

Congrats Pezza, Have fun spending and keeping an eye open for the rest of the cash to come crawling home !!!

[pezza76]

Update - All money safely deposited in to my account!!! Full refund of all charges + Interest + Fees

 

Donation on it's way.

 

Thanks again for all your help.

 

Just A&L and First Direct to go!!

[debt_mountain]

pezza76

 

How many times did you have to check the screen to make sure it was there, I remember seeing the balance and thinking it was someone elses account.

 

Well done and enjoy your money. What you going to do with it, finance some more claims? I immediately started my second claim against them and I have just paid the court fee with the cash they gave me back..."devine retribution"!!