preliminary letter stage---Nationwide--

[delandjulie]

I RECENTLY SENT IN MY D.P.A. LETTER FROM THE LIBRARY TO NATIONWIDE - THEY WERE PRETTY GOOD WITH A QUICK RESPONSE TO TELL ME THEY WILL FORWARD ON MY STATEMENT'S- I AWAIT IN EAGERNESS NOW FOR STAGE TWO???

I WOULD JUST LIKE TO SAY THANKS TO THE BANK ACTION GROUP AND YOUR WEBSITE

[delandjulie]

got back all my statements (without the £10.00 charge!) now it's letter time!!! just drafted the template and am ready for posting. reading on everyone's cases things are going well - lets keep it up! they should be panickin now surely????

[alanfromderby]

You seem to be on top of things - keep us posted on progress.

[jonni2bad]

Ditto that, and good luck.

[delandjulie]

got my preliminary letter reply from nationwide today 20/04 (not bad going i only posted it 18/04) same old rubbish t&cs so sent them back L.B.A (same day) I now await in eagerness as the clock ticks!!!!!

[jonni2bad]

Did their reply actually state that they were not prepared to refund you?

 

If not, then you have been a little too rash in responding with the LBA. You need to show the courts that you gave adequate time for a response when trying to resolve the matter out of court.

 

If there response was all too vague - "we'll look into this and generally keep you waiting" - then you should have just held back until the deadline expired.

 

These points are covered in much detail, both in the FAQ sections and in general posts.

[delandjulie]

just blah blah t&cs / leaflet containing their rates & taiff's and at the bottom of the letter

 

quote:

 

I hope that this has helped to clarify our position and you will appreciate why I am unable to refund any charges on your account.If you have any further queries don't hesitate to call me. my contact number is 01243 224400

 

Yours sincerley

Mr J Mears

Branch Manager sorry just saw red and sent the L.B.A

[jonni2bad]

..... I am unable to refund any charges on your account......

 

That's all you needed, confirmation they will not pay up.

 

In which case you are fine to have proceeded to the next stage.

 

Good luck

[delandjulie]

Thanks I'll Keep You Posted ---- I Wonder If They Reply As Quick This Time? I Also E-mailed A Copy To Mr Bacon (l.b.a)

[delandjulie]

Just Had Another Letter From A Danielle Block From Swindon Basically Saying The Same As The Branch Manager (will Not Pay Up)

Do I Just Ignore It And Await My 14 Day Deadline Then Go To Claims??

Thanks Sorry This Letter Through Me Out!!!

[jonni2bad]

Yes, just wait until the deadline and then do next stage.

[delandjulie]

Well I've Just Done It!!! Today Was Time Up!!

 

Getting Scary Now!! I Was Shocked When I Totalled Up --- My Final Claim Is 4,063.79 + Costs

 

They Should Get The Court Papers Monday

[Tia Tiara]

Hang in there! I'm feeling quite scared too - but as others have said on this site it's YOUR money - not theirs.

[delandjulie]

WELL IT GETS WORSE!!!!

FILED MY CLAIM 5/5/06 -----

LETTER TODAY FROM THE COURT - BACON -INTENDS TO DEFEND THE CLAIM---

A LETTER FROM NATIONWIDE (MORAG McCOLM - SENIOR COLLECTIONS MANAGER)

MY OVERDRAFT FACILITY WILL BE WITHDRAWN FROM JUNE 9TH 06 AND TO TOP IT ALL MY STATEMENT WITH £445.11 CHARGES THIS MONTH!!!!! " B*R##A*#S"

[jonni2bad]

Something more for you to claim once they pay up on this one then.......

 

At least the refund will cover your overdraft (at least I hope it will??)

 

Good luck

[delandjulie]

Cheers I Will

 

Do I Just Go Straight For The Preliminary Letter Stage As I Have My Statements?? Thanks

[jonni2bad]

Yes.

 

You could, even at this stage, alter the sum on your court claim. It costs another £35 (??) and you need to fill out a form, but it could be better for you. Only you can decide....

[delandjulie]

Could I?? Can You Advise How??? Can I Do It Online? Or Do I Need To Apply For A Different Form From The Courtd?

[jonni2bad]

Taken from the Court's website.....

 

 

 

 

 

General queries after service

 

Q. I need to make an amendment to my claim how do I do it?

 

A. Once the claim has been issued the court cannot change any of the details submitted without an application and request to re-serve the claim. You must complete an application notice (N244) detailing the changes you would like to make and send this to the court along with an N1 completed with the correct claim details. The court will then amend the details, re-seal the claim form and return it to you to re-serve on the defendant. You must keep a copy of the sealed N1. It is then your responsibility to re-serve the claim form. You must then send the court a completed certificate of service (N215) along with the copy of the N1 so the court knows the date when the defendant's response is due.

 

 

Q. Is there a fee for my application?

 

A. This depends on what you are applying to amend and at what stage you are making the application. There may be a fee of £35. General guidance: Before the claim is served there is no fee to amend a claim. If any details are being completely changed, for example you are changing the defendant you are claiming against, there will be a fee.

 

Q. Can I still proceed with my claim online after the details have been amended?

 

A. No. The court has changed the details on their system, which will not update your details online. You will therefore have to go through the court to proceed with your case.

 

 

 

Moneyclaim have a very helpful helpdesk. You can phone them in office hours and they will tell you what to do. Their number is 0845-601 5935

They will not give you legal advice

[shorsted]

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6954

 

This might help re your overdraft withdrawal

 

Its awful that they're withdrawing it rather than reducing. I'm having a major panic now as I've just filed a claim against them and have a £2000 overdraft which I use to the max every month!!

[delandjulie]

READ THE F.A.Q'S SORRY STILL NONE THE WISER!! DO YOU RECOMMEND I DO A

s.10 ON THE BASIS OF THE WITHDRAWAL OF MY OVERDRAFT FACILITY AS MY ACCOUNT IS NOT IN DEFAULT?

AND TO WHOM DO SEND IT TO???? SORRY TO BE A PAIN IN THE A**SE

I THOUGHT I WAS ON TOP OF THINGS JUST GOES TO SHOW WHAT TACTICS THEY WILL TRY

[jonni2bad]

Unfortunately, they have the right to close any bank account they wish to, or to withdraw overdraft facilities. However, since all of the current overdraft amount is made up of charges, and then some!, you should write to them and make it clear that you dispute the amount owed, and that any attempt to recover these funds before your claim is dealt with will result in further legal action.

 

In the mean time, make sure you move income streams out of that account immediately, along with existing DDs and S/Os etc. I would not pay anything to them until the matter is resolved.

[delandjulie]

sorry its been a while but since my last post i made a claim- nationwide said they would put in a defence and then the money appeared in my account! so i've been waiting for my statement to see exactely what they have paid and have now recieved a letter from court asking if the claim is settled. i just need another bit of advise please the claim was for £4063.79p + £120.00 court costs they have paid me £3678.68 inc costs which makes the total £505.11p light seeing as i didn't take them for the 8% interest as i felt this would take me over the £5.000. small claims limit should i continue to claw back the rest (seeing as my account with them is due for closure at the end of the month anyway) or cut my losses? would be very grateful for your advise thanks

[lee6370]

They should consider themselves lucky you didn't add the 8% interest, do not let them off the rest of the money.

 

It may be worth phoning Charles Bacon, his number is about somewhere, he won;t answer but leave a message telling him you have only received part payment and you will infom the court the case has not been settled and that you still intend to continue the claim.

 

Whatever you do don't let them off the rest of the money, do you think for 1 minute if the boot was on the other foot they would let you off?

[jonni2bad]

Indeed.... Whatever you do, make sure that you don't end your claim until they give every penny back.