Stuart V Nationwide

[katesage]

Hi everyone

 

I'm a friend of katesages and we are reclaiming my charges back from Nation wide.

 

I am owed £740.50p

 

We would like to claim back contractual interest especially as most of my charges are for unauthorised O/D fees. How do we 'tamper' with the spreadsheet to show contactual interest at 1.870% per month unauthorised overdraft rate.

 

I received all my current acc statements following sending off DPA about a week ago. They had to be collected from a branch as I had moved house recently. They were presented in a very smart ring bound folder with lots of other 'stuff'.

Kate was very jealous because apparently Natwest are not any where near as organised!

 

However we rang yesterday to see if we could get my CC statements. We will have to do another DPA apparently, because we did not include CCs in my original DPA request.

 

Worryingly, last night I received a call from Nationwide, to harass me about my overdraft, which I had agreed over a year ago to reduce by £60 per month down from over a grand. This I did, back to zero, but since then it has crept back up to £400.

 

I have had no complaints about this from the bank........until last nite?

 

coincidence.... i think not!

 

do i write stating that the account is in dispute? because the chap who rang said it would be passed to a collections agency in 2 days if i didn't clear it.

As we are about to send off prelim letter, can we include a paragraph stating all the usual but add in that the account is in dispute or is it a separate letter all together?

 

Cheers everyone for your great website!

[katesage]

sorry to bump! but we are sending the prelim today.

 

any thoughts on how to stop them passing my details to a collection agency?

 

cheers

 

stu:grin:

[redsue]

If the account is in dispute they cannot pass it over to a collections agency - take a look at the link below

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/26172-mindzai-lucid-lloyds-tsb.html?highlight=mindzai#post203738

 

its a bit long winded but I've been keeping an eye on the post as they really know there stuff - hope this is of some use to you

[katesage]

Hi Guys.

 

We drafted this letter today, what do you think?

 

ACCOUNT NUMBER ##############

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

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. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

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 consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

 

I calculate that you have taken £ 740.50p

I enclose a schedule of the charges which I am claiming with this letter

 

Additionally, I was contacted by telephone on the evening of Wednesday the 11th, four hours after I had made a further request for copy statements pertaining to my credit card. I was given 48 hours to repay the overdraft on this current account. This telephone call came out of the blue and seems to have been triggered by my request for copy statements. I reduced this overdraft back to near zero as had been previously agreed at a rate of £60 per month. If it was your serious intention to end my overdraft facility, then why was the facility not removed at the time when it had been almost cleared. In recent months it has risen again to £400 approx and during this period no person from Nationwide has contacted me to state that there was any issue with my overdraft usage.

Clearly, I am unable to totally clear this facility within 48hours, and indeed this sudden request is both hostile and unhelpful and has only deepened my resolve to recover the money that you as my banker have taken from me in unlawful penalty charges. If your actions with regard to this matter lead to me receiving a default, then I shall also pursue for the removal of that default, especially as it can be clearly demonstrated that the debt is more than made up out of unlawful penalty charges.

This account is in dispute as I am disputing the balance that has been caused by the application of unlawful penalty charges.

Section 13.6 of the Banking Code clearly states that you may only pass details of my debts to the credit reference agencies if the debts are not in dispute.

Due to the fact that you have chosen to contact me demanding payment seemingly upon receipt of my request for copy statements, I can only conclude that this action is retaliatory.

I would be grateful if you would stop any charges on my accounts until my dispute is fully resolved, at which point I will pay off any outstanding balance. If you persist in imposing any further punitive charges on these accounts, including charges for legal letters, they will be included in the amount I am claiming from you, and I will be forced to seek a court injunction to prevent you from taking any further action. I would also like you to take note that I will only correspond with you on these matters in writing and do not wish to be telephoned again.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

Yours faithfully,

 

Stuart

Any thoughts much appreciated

 

 

 

 

[sarahdactyl]

Sounds pretty good to me!

[katesage]

OK guys bit of an update.......

 

The letter was responded to yesterday, all it said was that our charges are fair reasonable and blah blah blah, therefore we shall not be refunding them.

 

No mention at all of the threat to pass to a DCA.

 

The letter had a tel no so we rang to query whether the account was being passed and were told, 'No, our letter had been successful in suspending any further action until the complaint is resolved'. So a bit of a relief there then:rolleyes:

 

When I spoke to them on the phone I asked why are you not agreeing to refund these charges? I was told that we would need to 'escalate the complaint to achieve that.' I asked them to explain and they said 'we cant refund these charges until the customer takes Nationwide to court'

What a policy huh?!

 

We've just sent off the LBA, naturally we now expect to have to take this all the way to moneyclaim.

Bring it on!:grin:

[katesage]

Hello all

 

 

Just a little update.... a nice one!

 

Following another fob off after LBA, we immediately filed MCOL last thursday.

Today he received a letter stating that all charges of £760.50 have been credited to his account. A further £50 of pending charges have been cancelled.

In with the letter was a cheque for £216 to cover his MCOL and 8% interest.

Shocked..........??? Stuart nearly fell over with shock. Pretty fantastic really as he had his landlord hammering on the door yesterday looking for the rent and he couldn't afford to pay! Now he can...thanks to CAG.

 

Yeeeehaaaaaaaaaa!!!!!

[katesage]

Claim number 6QZ83351

Total Amount £896.50

 

Survey filled

Donation made:)