banofi vs Nationwide

[banofi]

hello, well Nationwide ignored my 2nd letter so have now sent my third telling them I am about to take them to court. The amount is £5174 but I suppose I'd have to drop it to £5k for the small claims court. Am taking on Lloyds for just over £2k too!

[livelylad]

hello, well Nationwide ignored my 2nd letter so have now sent my third telling them I am about to take them to court. The amount is £5174 but I suppose I'd have to drop it to £5k for the small claims court. Am taking on Lloyds for just over £2k too!

 

hi you dont have to send them a 3rd letter the second LBA is enough. also just do 2 claims to bring it under the £5k. remember its your cash. :D

[banofi]

Ah thought I had to send 3, oh well. I cannot afford the court fees until payday end of this month anyhow. I thought about splitting the claim in two. Reckon I should do one claim for a 3 year period and another for the other 3? Or maybe one claim for the charges and one for the interest? The latter I've already worked out, the former I'd have to plough through all my statements again (yawn!!).

[dolly]

SUBMIT JUST ONE CLAIM.

 

If you don't there is every chance you could have your second struck out for wasting the court systems time. It was advised at first to do this but over the last couple of months it has been advised NOT to split claims. Nationwide paid out on an £11k claim just a few weeks ago.

 

Your court fee will go up to £250 (I think) as your claim is over £5k, by the way, but you will get it back.

[livelylad]

Ah thought I had to send 3, oh well. I cannot afford the court fees until payday end of this month anyhow. I thought about splitting the claim in two. Reckon I should do one claim for a 3 year period and another for the other 3? Or maybe one claim for the charges and one for the interest? The latter I've already worked out, the former I'd have to plough through all my statements again (yawn!!).

 

hi you cant do one for charges and one for interest. roll on payday!

[banofi]

thanks i'll keep it as one and see what happens. It's a shame you can't make a payment arangement with the courts!

[banofi]

Right then, about to file my moneyclaim. Nationwide have not replied at all to any of my letters so will send them a concise letter via recorded delivery just so they can't say they never received them. I'll go back as far as I can to keep the claim just under 5k, then if I win I'll claim the rest (probably about £300).

[dolly]

Go for it all at once, Nationwide have paid out on many claims over the £5k limit (although your fee will increase).

[banofi]

Right, it's taken me a while to get the court fee, but am now about to submit the claim. It totals £5792.29 (including the 8% on interest and 8% on penalties). Shall i submit it as per the small claims method, and ask that they consider it go through the small claims court? The actual fees and interets without the 8% total £4670.89. Or is there a template for claims bigger than £5k?

[banofi]

Has anyone claimed more than £5k with nationwide??

[banofi]

Just completing the claim form, do i use the registered address they use on the bottom of their letters? (ie Pipers Way, swindon SN38 1NW).

 

Also - any thoughts on the £5k claim anyone?????

 

Thanks!

[MilkTrayMan]

Has anyone claimed more than £5k with nationwide??

...Nationwide paid out on an £11k claim just a few weeks ago.

...any thoughts on the £5k claim anyone?????

Is bad enough that Claimants DON'T read other Threads within the same Forum.

...But to NOT even read Posts in your OWN Thread???...

 

 

Just completing the claim form, do i use the registered address they use on the bottom of their letters? (ie Pipers Way, swindon SN38 1NW).

U'll find the CORRECT address in the following link...

http://www.consumeractiongroup.co.uk/forum/nationwide/74992-nationwide-contact-information.html

[banofi]

Is bad enough that Claimants DON'T read other Threads within the same Forum.

...But to NOT even read Posts in your OWN Thread???...

 

Well.... if you had read through my thread you would have realised that I was actually trying to suss out if there's a different method for applying for a claim OVER £5k. Yes, Nationwide may have paid out over £11k, great... but how!??!? I can't afford a solicitor, that's why iI wanted to know if iI could use the same templates as normal, asking that it be considered for the small claims court. As no-one had responded to my queries I posted the one asking if anyone had claimed over £5k, in order to prompt some responses as I'd fallen down the list with no-one replying. Since no-one replied, I sent the claim form anyway, with a cover letter asking the judge to consider it for small claims court due to the nature of the claim. And also to consider waiving/postponing the normal court fee of £250 because I am on a debt management plan. I am currently awaiting a reply from the court.

 

My letter before action was about a year ago now so I mentioned that i believed it was a tactic from Nationwide to avoid paying out, and could the court consider this. I have waited since then to try and afford the court fee but unfortunately I can't.

 

By the way, I do not need sarcastic posts on my thread. I have spent weeks working 12 hour days and working at the weekends to try and recoup some money paid out on penalty charges, I am extremely tired in the evenings (what there is of them!) and don't have the luxury of time to spend perusing the forums. So to come home to an email which looks as though it may be useful and to find sarcastic comments is not what I need, especially after the recent news about the banks freezing payouts.

[hagenuk]

Look here for details regarding court fees.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=9

 

You may not have to pay them, regardless of whether you are working or not as in order to qualify for remission you need only demonstrate that if you paid the whole fee you would suffer financial hardship.

[banofi]

Quick catch-up... I eventually persuaded the court that i couldn't afford the £250 fee so they asked me to pay £50. I wrote to the court explaining that I am on a debt management plan and wish for the court to consider the claim even though the banks' case is in the high court. The bank had until 3rd Dec to pay up or defend, and they didn't do either. Due to no response from the bank I filed for judgment, which the court granted on December 6th, they ordered the bank to pay me immediately. Nationwide then wrote to the court on Jan 22nd to say they hadn't received the original claim! Probably a complete lie. They had a hearing on 14th Feb to apply for judgment to be set aside. I sent a third party debt order to the court to enforce the payment on 12th Feb, which I paid £55 for. The judge has now set aside the judgment from 6th Dec. They asked the bank to file and serve its defense by 21st Feb. My application for third party debt order has been dismissed. No reason was given!!

I'm so angry now, i thought maybe the court was giving consideration to my financial hardship, but that has all been blown out of the window now.

Not sure where to go from here now. Any more avenues i could take instead of waiting for the test case to finish? I thought judgment meant judgment!!!