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    • Hello all, I would appreciate some advice regarding a recent incident with Rossendales.   Brief background is I bought my current house in 2016 from my mum who inherited it when my Gran died. When my Gran was alive, my sister sometimes stayed there and used her address for various things including driving licence, bank accounts, work documentation and credit. She hasn't lived there since I bought it. The story behind this debt is that apparently my sister parked at my Mum's house in Bury without a valid residential parking permit. She had contacted the council and they apparently had waived the fine before this visit.   In June, me and my girlfriend were woken up at 07:20 by loud knocking. At the door were two Rossendales enforcement agents asking for my sister. I told them she didn't live there asked what the matter was about and they said they couldn't tell me and I needed to show proof of residency which I refused to do without seeing any documents compelling me legally to do so. They proceeded to clamp my car.   I brought them the only evidence I had which was a V5 document. The car is on finance so technically, the finance company owns the car. In the subsequent audio recordings of the phone call, it emerges that they knew the car was on finance. They also asked if my car was a white Ford Fiesta (which is my sister's car) and asked if she was insured on it (she never has been and has never driven that car). I feel like they have attempted to blackmail me into giving them my sister's contact details when it was absolutely nothing to do with me. Admittedly, I probably reacted badly but being woken up before I normally get up by loud banging which terrified my girlfriend didn't give me a good start to my day. They refused to show me any ID or a court order, presumably because they didn't have one. I was told by their complaints handler that they use various methods of tracing people, including credit searches.   I have retrieved the video and audio of that day through DSAR. The video is here and audio recordings of phone calls are here.   They eventually took the clamp off after a couple of hours, citing the fact that the car was on finance. I didn't miss work because of it but I was several hours late.   Additionally, they missed the ICO guidelines for the DSAR and were two weeks submitting the video files.   Is there anything I can do regarding legal action here? I've complained to the leader of Bury Council who has dismissed it without looking at the evidence or listening to the audio.      
    • https://www.financial-ombudsman.org.uk/files/2868/issue117.pdf   Albeit from 2014, p.24 There the FOS insisted the creditor reset the default date to earlier (3 months after the payments stopped, but that was only because there was an agreement with the debtor to have a 3 months ‘payment holiday’)
    • In the first place it must have been over the phone. Could have been by email but cannot remember to tell the truth. I would have sent them an I&E so now I'm wondering if it was by email.I will take a look but might take a time scrolling mails from over 3 years ago 🧐
    • Dear Sir, no payment was made after May 2013, and potentially the last payment was even before this (your client could only examine their records back to May 2013 when they were contacted, and there was no payment showing)   Your client is not permitted to unreasonably delay issuing a default notice, and certainly not with the effect of later attempting to “get around” the statute bar. This will be drawn to the court’s attention should your client proceed with court action, as well as being reported to the FOS, so you may wish to highlight this to them and seek their further instruction.
    • Thanks Honeybee13. Here they are:   For PCN's received through the post [ANPR camera capture]   please answer the following questions.   1 Date of the infringement .     8 / 08 / 2019   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] .    13 / 08 / 2019   3 Date received .  18 / 08 / 2019   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]   Not obviously but does a section of data processing for getting the detail of my car   5 Is there any photographic evidence of the event?  Yes   6 Have you appealed? [Y/N?] post up your appeal] .   Yes   Dear Sir / Madam,   I have just received my parking charge notice (PCN) for stopping at London Southend Airport on 8/8/2019. I understand that stopping on the road is forbidden. However, the reason I  stopped on the spot was to ask a traffic warden where I could park my car temporarily as I was going to pick up my family (it's my first time to London Southend Airport). The officer told me there was not a picking up place. He advised that I should park in short stay car park, which I did.   Considering the situation, could you revoke this PCN please?   Yours faithfully,   Have you had a response? [Y/N?] post it up .   Just automatic response saying a reply will be in 28 days   7 Who is the parking company?    Vehicle Control Services Limited   8. Where exactly [carpark name and town] . London Southend Airport, Essex SS2 6YF
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billywonka

Help re Nationwide DD indemnity claim nightmare

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I have processed a Direct Debit indemnity claim with nationwide for a number of unauthorised Direct Debits from the one provider.

 

whilst going through some bank statements before my house move I noticed that there were monthly payments of £28.00 coming out of my account for 3 Mobile.

 

I do not have a contract or any dealings with 3 mobile neither do any other household members;

my nationwide account is also in my sole name and not joint.

 

the £28.00 per month payment has been deducted between 01/11/12-03/11/15.

With it being such a small amount I had never noticed the payments coming out till I was going through old paper work when moving house

 

- I called Nationwide and filed an indemnity claim as the payments were never authorised by myself

(I did also call 3 mobile however as I am not a customer with them they couldn't help)

 

I filed for the dd indemnity claim on 5/11/16 with an agent on the phone who told me it would be credited to my account by 7/11/16

 

- on the 8/11/16 there was nothing in my account

I called nationwide and they advised me that it would take 3-5 working days to process the claim and it should be sorted by then,

 

today I called them again and they have told me that all the information previous advisors have given me is wrong and they have 10 working days to investigate as they need to go through the archives to make sure these payments have not been claimed before and it also falls outwith their 13 month period?

 

I feel as if im being passed from pillar to post with them and no ones is providing correct information.

 

As per the DD guarantee I was made aware from 1st agent I spoke with that a DD indemnity provides you with a full and immediate refund?

 

What are the chances of getting this money back or is there anything else I can do to push this along?

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Totally agree

Should be immediate

 

Not sure who you're best target is?

FOS, I would guess

 

Give them a ring tomorrow


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Time to put your foot down, make a formal complaint to them. General rule is that they can sort this in 48 hours if its Nationwide. :)

Technically they were correct but I suspect something has gone wrong. You will deffo be able to get the money back

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I called and spoke to Nationwide again this morning

- advised them of the DD Gaurantee and quoted it word for word to the agent I had spoken to.

 

She then advised me that there are notes on the system regarding my previous phone calls and at this time there is nothing more they can do to help me as the bank are still "working within their timescales"

 

I asked the agent what the notes said and she advised me that "as the DD indemnities are outwith their 13 month period the bank needs time to investigate it,

 

they need to go through archives and the DD payments which were taken are no longer showing in my regular payments list

they need to check everything to make sure the payments haven't been claimed before and that the bank (Nationwide) will get their money back when the claim goes through.

 

Again at this point I reiterated the DD guarantee to which she again advised they can do nothing more as they have 10 working days to investigate the claim and suggested that I call back at the end of the 10th working day.

 

I then advised that if they have 10 working days to investigate and get the relevant information then the money will be in my account at the end of the 10th working day at the latest

 

to which she advised Im not going to say yes or no

- we have the right to investigate and will let you know the outcome.

 

I then asked to speak to a manager or complaints department as I am seeking advice from FOS and BACS regarding this

 

she advised there is nothing anyone else can do to help me as they are still within their timescales of 10 working days.

 

Can anyone offer any further advice

- feel as though im banging my head off a brick wall with nationwide

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I think they may be mis interpreting the rules, have a read here

 

https://www.directdebit.co.uk/DirectDebitExplained/Pages/DirectDebitGuarantee.aspx


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My understanding is that you should receive a full and immediate refund.

The bank can then investigate and should they find you were not entitled to a refund, could reclaim any amounts back from your account.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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B

My understanding is that you should receive a full and immediate refund.

The bank can then investigate and should they find you were not entitled to a refund, could reclaim any amounts back from your account.

 

Yes that's exactly what im thinking Martin

- as the DD guarantee states if you receive a refund your not entitled to you must pay it back when the organisation asks you to

 

- doesn't matter who I speak to on the phone they are all unwilling to help me

- every time I have called I have asked to be put straight through to the indemnity department

 

when I quote the guarantee the agents I speak to seem to acknowledge this and agree it is correct but keep fobbing me off stating this only applies to current Direct debits which have came out recently

- as mines is from a while ago they need to investigate?

 

The agent I filed the indemnity claim with on the phone at the initial phone call was clearly able to see all the pmts which were made to the phone company and she was able to find another 3 payments which came out (my paper statements at home only went to a certain date)

 

she checked back a few months from the dates I gave her to make sure there was no others which were missed

 

- if they can see the payments were clearly taken from my account and I had not authorised them and the mobile company will not speak to me as I don't have an account with them

 

they are unable to find anything by searching my address and postcode, then what do the banks need to investigate?

 

surely they cannot liase with the mibile phone company as this will be a breach of data protection?

 

What exactly do hey need to investigate it is clear I never authorised these pmts and they are all showing on my statements?

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0300 1239123

 

Give the Financial Ombudsman a call


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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0300 1239123

 

Give the Financial Ombudsman a call

 

Will give them a call and let you know what they say - been doing a bit of research online and Nationwide seem to use the 10 working day tactic quite a lot

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Hang on wait... Yes i do remember something about the 13 months thing and actually i think they might have the right to take longer to do this.

 

But you missed my key advice!! COMPLAINT!!!

 

Email -

joe.garner@nationwide.co.uk

 

MD / CEO of NW, raise a formal complaint get a case handler to see it through to finish. That way stuff doesnt get lost

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spoke to them yesterday around 2pm

- requested to speak to their manager to make a formal complaint

 

 

- she took all details and logged a complaint and said she would look into this and call me back as soon as possible.

 

 

Had a call back within the hour advising the money would be in my account by 4pm and they apologised for the delay and mis information from other departments

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And was it back?


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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half of it is back so far

- apparently they need some more time to get the remainder of it processed which they said should be sorted for close of business today

- they have refunded 18 months so far

- just the earlier ones still to be refunded which are from 2012-2013

- they have refunded all of the 2014/2015 payments

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Amazing how they suddenly find the account info when you threaten them with action and show them.you know your rights


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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So despite their 13 month "rule", persistence has paid off for you, well almost!!

 

Well done for sticking at it, it really does show that all they do is try and fob people off!


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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:whoo:

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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