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Suing nationwide for failure to action section 75 refund


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It is a bit of a long story so I will stick to the main issue:

 

I requested a charge back from Nationwide within the correct time scale. Each time I wrote to them I sent it recorded delivery.

 

The first letter, was signed for but not answered, so I complained. They asked me to send the full complaint again, which I did.

 

They then said they would reply within a set time scale. They did not.

 

They then said once again, they would reply within a set time scale. ( 3months now passed) They did not, so I issued county court small claim against them.

 

This morning, I have a letter saying 'sorry', but as I now have issued a Small Claim against them, they are cancelling my claim for 'charge back under Section 75'.

 

Can they do this?

 

Surely it is my prerogative to pursue them both directly and through the court.

 

Is there any reason why I cannot insist they deal with my claim under Section 75 whilst awaiting for the small claim to take it's course?

 

Hope I am making sense.

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Nationwide are bound by the practice direction on pre-action conduct, which requires them to try and settle disputes.

 

You could point out that Nationwide are in breach of the practice direction if they refuse to consider taking the appropriate steps to resolve the claim.

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Nationwide are bound by the practice direction on pre-action conduct, which requires them to try and settle disputes.

 

You could point out that Nationwide are in breach of the practice direction if they refuse to consider taking the appropriate steps to resolve the claim.

 

Thank you for your reply.

 

Just to be clear: Are you saying that despite my taking court action, they are obligated to settle by any means necessary rather than, or before a court trial? They must still consider settling using the Section 75?

 

Thanks

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Thank you for your reply.

 

Just to be clear: Are you saying that despite my taking court action, they are obligated to settle by any means necessary rather than, or before a court trial? They must still consider settling using the Section 75?

 

Thanks

 

Section 75 is presumably the basis of your court claim, no?

 

In the context of any litigation, the parties are required to consider the possibility of settlement outside of court if possible. You could write to Nationwide inviting them to settle outside of court (and saying that you will bring the letter to the court's attention on the issue of costs if your claim is successful).

 

In reality I don't think you will be able to force them to reactivate your complaint though.

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Section 75 is presumably the basis of your court claim, no?

 

In the context of any litigation, the parties are required to consider the possibility of settlement outside of court if possible. You could write to Nationwide inviting them to settle outside of court (and saying that you will bring the letter to the court's attention on the issue of costs if your claim is successful).

 

In reality I don't think you will be able to force them to reactivate your complaint though.

 

It is the basis of my complaint and I have invited them on three occasions to settle with the result above..nil. There is another party involved, the Merchant or supplier who I tried first so I have brought a joint claim against both parties.

 

I am going to write again to Nationwide and invite them to settle..their last response was either go to the ombudsman or continue with the court case as they don't feel that continuing a Section 75 is appropriate.

 

Maybe they think that the court will find in against the other party..don't know?

 

Not sure what else I can do.

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