Bram vs Nationwide

[Bramski]

Hi,

 

I'm currently preparing to get my money back from Nationwide using the resources available on this site. I will spend the next few days absorbing all the necessary information and make sure everything is clear in my mind before I proceed.

 

Just one question regarding my current situation with Nationwide. I looked at my account online I have £60 of unpaid direct debit fees to be paid at the end of this month. Should I claim these in my total even though I have not actually paid them yet? Or am I only able to claim what I have actually paid up to the date of posting the preliminary approach off to them?

 

 

Bram

[Michael Browne]

Only claim charges you have actually incurred. However you can amend your claim at each stage up to filing at court, by which time you will be able to add these charges.

[Bramski]

*sorted* re-read step by step guide

[Bramski]

Hi,

 

I am currently preparing to claim my money back from Nationwide. I was able to get all of my bank statements for the last 3 years from their online banking website in PDF format and I was able to work out the total cost of all charges from that.

 

Does this mean that I can now just go ahead with the Preliminary approach for repayment letter? or is sending in the Subject Access Request to the bank a required process?

 

 

Bram

[Gary29]

You've got it, go straight to initial request for repayment. After all if you've already got he information you need, why waste time asking for it again, it'll only slow down your claim.

[Bramski]

Hi,

 

After reading through the FAQs, tutorials and threads, I'm almost good to go. I downloaded my statements for the last 3 years from the Nationwide website and they owe me a total of £520.50 not including the 60 quid they'll be whipping off at the end of this month which by the time this approaches the final stages I should be able to amend my claim to include.

 

They also took £42 (£12, £15, £15) in unauthorised overdraft fees but I never even had an overdraft facility on the account and the only reason I was overdrawn was because their unpaid direct debit fees pushed me into a negative balance, can I claim these back too?

 

I've got all my Prelim sorted and my spreadsheets ready to go out on Monday once I clarify a few things, and my LBA is waiting to be printed out when they inevitably blank my Prelim. Im unsure of what dates to put on my spreadsheets though and could use a little help.

 

 

CLAIM DATE: (will this be 13/11/2006 as Im sending out Monday?)

INTEREST RATE: 0% (Inapplicable unless it goes to court in which case 8%?)

TOTAL CLAIM AT DATE OF SERVICE: £520.50

JUDICIAL INTEREST RATE: (0%??)

DATE OF JUDGEMENT OR PAYMENT: (This I'm unsure of)

DAILY INTEREST RATE IN PENCE: 0?

 

 

Any assistance would be greatly appreciated.

[Bramski]

Hi,

 

After reading through the FAQs, tutorials and threads, I'm almost good to go. I downloaded my statements for the last 3 years from the Nationwide website and they owe me a total of £520.50 not including the 60 quid they'll be whipping off at the end of this month which by the time this approaches the final stages I should be able to amend my claim to include.

 

They also took £42 (£12, £15, £15) in unauthorised overdraft fees but I never even had an overdraft facility on the account and the only reason I was overdrawn was because their unpaid direct debit fees pushed me into a negative balance, can I claim these back too?

 

I've got all my Prelim sorted and my spreadsheets ready to go out on Monday once I clarify a few things, and my LBA is waiting to be printed out when they inevitably blank my Prelim. Im unsure of what dates to put on my spreadsheets though and could use a little help.

 

 

CLAIM DATE: (will this be 13/11/2006 as Im sending out Monday?)

INTEREST RATE: 0% (Inapplicable unless it goes to court in which case 8%?)

TOTAL CLAIM AT DATE OF SERVICE: £520.50

JUDICIAL INTEREST RATE: (0%??)

DATE OF JUDGEMENT OR PAYMENT: (This I'm unsure of)

DAILY INTEREST RATE IN PENCE: 0?

 

 

Any assistance would be greatly appreciated.

[nikkiuk]

I'm in the same position and I've sent off the Prelim so that's the wheels are in motion now. All the best.

[Bramski]

I sent off my Preliminary letter yesterday. This morning I received a letter from Nationwide in the mail. It was in response to a phone call I made last week requesting a refund of my unpaid DD charges, it's basically a fob off letter.

 

Should I just wait until the 14 days for my prelim letter to go through the system or should I send off my Letter Before Action now seeing as they've basically told me in writing to get lost?

[Bramski]

Ok I'm about to file my claim at the local sheriff court. There's a few things im not 100% sure of and would appreciate some advice on dates marked on the image below.

 

http://img179.imageshack.us/img179/2347/8px6.gif

 

 

 

Here's what I've put on my particulars of claim, does it look ok?

 

The details of the claim are:

 

1. The Pursuer has an account, account number: 0000000 sort code: 000000 ("the Account") with the Defendant which was opened on or around 2003

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Pursuer and also charged interest on the charges once applied. The Pursuer understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Pursuer.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Pursuer contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Pursuer; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Pursuer claims:

 

a) the return of the amounts debited in respect of charges in the sum of £663.80 and any interest charged thereon;

b) Court costs;

c) Interest at 8% or at such rate and for such periods as the court deems just.

 

 

 

[Bramski]

Good news is that the Clerk at the Glasgow sheriff court went over my forms and they are fine. The bad news is that I went to the wrong Sherfiff court LOL, I should have gone to Paisley. Ah well, Paisley Tomorrow.