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Kizzyella v Nationwide


Kizzyella
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Hi everyone, I just wanted to start a thread in readiness of my battle with the banks. I already had all of my statements for the last 6 years with the Nationwide so I have filled in my statement of charges and sent this along with my preliminary letter by recorded delivery today. NOW I AM NERVOUS !!!

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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Hi all. Yesterday I received a response from Nationwide saying they have passed my request to the Member Account Servicing Department, as they do not deal with refunds in the Data department. Its a reply at least but the 14 day clock is still ticking.

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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Just to update you all. After sending my prelim letter on 18th Sept, I discovered more and more about what we can claim. I had already asked for Contractual interest, but have since discovered it can be compounded from first charge to settlement. To be on the safe side, I have sent today a revised prelim letter and a new statement of charges with a fresh 14 days to respond before LBA. Is anyone in this forum doing similar with Compounded contractual interest? Any advise will be most welcome.

 

Thanks,

Kizzy

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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UPDATE: received letter today from Karon Winkler at Member Relations saying they are really sorry that I have these concerns (Prelim letter) but they are unable to refund the charges. "If I feel that I am unable to abide by their Terms and Conditions then it may be an appropriate time to consider changing my account to another provider."

She goes on to say," We do not want to lose you as a member so hope that, on reflection, you will now feel able to accept and comply with the FlexAccount terms and conditions." ( Don't think so!)

I will continue to sit fast until the prelim 14 days are up, then send out the LBA.

Any advice for me anyone???

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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Hi Kizzyella - I'm claiming compounded contractual interest for two accounts (on the charges only - not interest) which I also found out about after sending the prelim. So I when I sent my LBA in I added in an extra paragraph -

 

"since my previous letter I now understand that the principle of mutuality, or reciprocity, applies to the aforementioned contract and will be claiming back compounded contractual interest on these charges"

 

Have a look over my threads - bill-k and dolly have been an absolute stars and full of encouragement - I used one of Vampiress spreadsheets to do the sums

 

Right! Forgive me but I'm going to try and link you to my thread here

 

http://www.consumeractiongroup.co.uk/forum/nationwide/28574-authorised-interest-unauthorised-interest.html#post222042

 

also

 

http://www.consumeractiongroup.co.uk/forum/nationwide/32834-changing-claim-amount-prelim.html?highlight=redsue#post256179

 

(sorry I'm not a techie) but if that fails to work the thread is 'Authorised Interest and Unauthorised interest' in the NW section.

 

Hope it may be of some help Good luck! :-)

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Hi redsue , thanks for your reply and yes, the links to your threads do work. I remember seeing your very first post and since then I have often followed your activity, mainly because of the compounding contractual interest issue. My best friend, neighbour and partner in our reclaim mission is purplerain. We have morning and afternoon boardroom meetings at my kitchen table, discussing tactics, developments and suchlike. We are aware of all the relevent threads, but sometimes too much information can overload the brain.

The advice and support on here is overwhelming; we really appreciate it.

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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The advice and support on here is overwhelming; we really appreciate it.

 

Yep I'll second that

Purple X :-)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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  • 4 weeks later...

Filled in the N1 form today. Off to court tomorrow. Wish me luck.

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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Hi everyone, filed my N1 at Nottingham County Court this morning. Major step forward.Fingers crossed.

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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Received copy of claim from court today with claim number. Will contact a moderator with info. Feel a bit queasy now. Oh my word, what have I done!!!

No, don't panic,it will be ok, calm down.......and Exhale.

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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Hi,

 

Good luck - I completed a first small claim last year. I found the day in court both interesting and a very useful experience which I would repeat again.

Nerves, yes especially as it was me as claimant vs three defendants.

I have done jury service previously so it wasn't all new.

 

I believe you may be able to take a friend for support, but check with and inform court first. And remember Judges are human - the one in my case was very reasoned and helpful, but do remember he can only apply the law as it is, even if to you it may seem "an ass"

 

Hope it all goes well

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Thank you for your words of support Roger. I have just read your own thread and I am so sorry to hear about your son. My only advice to you is never forget that you are dealing with money-making corporations who have their own protocol to follow. Sympathy or understanding isn't high on their list. Stay firm and stick to the rules of engagement that are described on this site. There are hundreds of people on here who will guide and support you. I couldn't have done it without them. Any advice you need I will try my best to help. gook luck yourself.

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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You should get a crystal ball !

£610.10 has appeared in my account as a credit by cheque. Does it all come in drips and drabs from them? Wonderful to see that all the months of hard work are starting to pay off though.

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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..

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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..

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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Another £750.21 has appeared in my Nationwide account.:) Only another £4,500.00 to go. LOL

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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Another £750.21 has gone into my account this morning.:) No letter or phone call explaining what the amounts are for, but I will let you know as soon as I do.

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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Nice one! You should get the letter through in the next couple of days. Followed by the letter saying they are closing your account!

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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Update: Received letter from Nationwide confirming they have paid £1360.31 into my current account. Still over £4,000 short !

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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Received notice from court that acknowledgement of service has been filed on 11 November 2006. Nationwide have responded to the claim indicating an intention to defend all of the claim, so have 28 days from 11 Nov to file a defence.

 

Do I just sit tight ?

Do I write to Nationwide accepting refunded charges as first installment and giving them notice that I will continue to pursue the rest?

Do I write to the court telling them of the amount I have been credited so far and to adjust the claim amount?

 

Any help gratefully received before I cock up at this stage.

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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Did the letter from Nationwide show how they had arrived at the figure they paid you and explain the shortfall?

 

I also claimed 24.9% but they paid me just short of my S69 claim. My thinking is if they are going to close the account anyway what have we got to lose in pursuing the rest.

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