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spurious vs Nationwide


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The background: I have had a Nationwide 'Flex' account since March 2005. In August 2005, I phoned up and cancelled a direct debit over the phone. I was later told this wasn't possible and that I'd have to write in to cancel the direct debit. This I did, but before the letter arrived, the direct debit was paid by Nationwide. This took me over my overdraft limit (which was zero) and I changed banks. Ever since then, Nationwide have been charging me an unauthorised overdraft fee and interest which as present stands at £287 overdrawn. The direct debit itself was for about £25.

 

 

I have now sent my Data Request letter, recorded delivery.

 

Let the battle commence...

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Hello and Welcome

 

First of all don’t panic - you will soon have your money back in your hands where it belongs!!

 

Yes…you can claim back your charges, even if you were late paying, even if you went over your limit and even if your DD Bounced!!!

 

Remember the banks have acted unlawful you haven’t!!!

 

Before you start anything make sure you read the FAQs and as many threads as possible as there is a wealth of information on here!!

 

Well done for posting this in the correct forum. Here you will have other “experts” who know how that particular bank reacts. As you have already posted this one, I assume you already know how to do that!

 

First of all, if you haven’t already, you need to get hold on your statements. You do this by sending them SAR letter. Remember you can claim back for the past six years, including closed accounts, mortgage, credit cards, car finance, loan accounts and even accounts that are with Debt Collection Agencies and Bailiffs!!!!

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

If you already have your statements then you can start by sending them the Prelim letter.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

Remember its important to open a parachute account, especially if the charges are spiralling out of control and you have little or no money left, at the end of each month.

 

If your account goes into a negative balance after you have transferred your banking, send them this notice to prevent them taking any further action.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

If you get stuck have a look (by searching) to see if your question has already been asked by reading other people threads, if you are still not sure either post your question in your own thread or PM me and I will be happy to help you.

 

Also look for another newbie claiming against the same bank as you, that way you can do your claim together and support each other as the post drops through the door!!

 

Sometimes the banks act awfully and you can get very stressed out by it all. But stick to your guns - you are in the right - they are not. Don’t let them put you off, that’s what they want to do!

 

Hope this helps

 

 

And just to make you feel focused - I had full settlement this morning from them over £2.5K!!!!!

 

Keep going it works!

 

Good Luck

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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  • 1 month later...

Yesterday I finally received a response from my Data Access Subject Request and I'm now in posession of a load of dupliate statements. I have my Preliminary letter all ready to go but I need a bit of a hand with the Schedule of Charges sheet I need to attach.

 

What format should that take, exactly? Can I just list the dates and amounts of all charges made against me? The reason I went overdrawn was due to a direct debit that Nationwide paid, taking me into the red. I'd like to claim this as well - can I do so by adding it to the SoC attachment?

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I think what the "reasons" partof the form means, what they have given as the name of the charges ie

 

Unauthorised Overdraft fee

Direct Debit return Penalty

Returned Cheque Charge

 

and so on, not the reason you went over drawn as in "i bought a pair of shoes and thought the money was there but they took it off me in charges".

 

Hope that clear it up for you any furtehr questions and I will pop along to see if I can help you you!

 

Good Luck.

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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  • 2 weeks later...

I've just drawn up my schedule of charges I'm claiming back and I have a couple of questions....

 

1. Should I include the 'interest charged' amounts? They're relatively small but I've been charged them nonetheless.

 

2. The balance of my account is £287.00 overdrawn. Yet the statements they sent me in response to me subject access request takes the balance to only £262.56 OD. There is a missing amount here not covered by the statements. Does this mean the information they've sent is incomplete?

 

3. One of the statement pages is missing. Crucially, it's the page that shows what initially took my overdrawn. How should I proceed? Should I contact them directly or report them straight to the Information Commissioner, given that the 40 days have now run out?

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Hi spurious!

I've just drawn up my schedule of charges I'm claiming back and I have a couple of questions....

 

1. Should I include the 'interest charged' amounts? They're relatively small but I've been charged them nonetheless.

If the "interest charged" relates to the unlawful penalty charges, then of course U can claim it back also!

 

2. The balance of my account is £287.00 overdrawn. Yet the statements they sent me in response to me subject access request takes the balance to only £262.56 OD. There is a missing amount here not covered by the statements. Does this mean the information they've sent is incomplete?

If U R certain that it was ONLY the £25 charge that initially took U O/D, then I assume the difference would be accounted by Nationwide applying their Unauthorised O/D Contractual Interest @ 24.9%, which is Compounded Daily?!

 

3. One of the statement pages is missing. Crucially, it's the page that shows what initially took my overdrawn. How should I proceed? Should I contact them directly or report them straight to the Information Commissioner, given that the 40 days have now run out?

All delaying tactics methinks my friend...

By all means report them to the Information Commissioner for Non-Compliance of your S.A.R.

...But don't let that delay U sending off your Preliminary Letter!

Try checking out the different threads on Contractual Interest and feed your personal data into the userfriendly spreadsheet (...courtesy of Mindzai), which can be downloaded from the following link:

http://www.consumeractiongroup.co.uk/forum/general/51736-excel-contractual-interest-spreadsheet.html

 

Hope all this helps?!

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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  • 3 months later...

I'm somewhat ashamed to say I've been sitting on this and haven't gotten around to doing anything about it until last week. I phoned the data protection team to request the missing page of my statement (see above) and to my surprise the lady on the phone was very helpful and actually sent me the page I needed and the pages before and after it as well, for reference.

 

So I've now written my preliminary letter and schedule of charges and will be sending it recorded post tomorrow. This is where the fun really starts!

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Ok, so here's an unexpected twist. The preliminary letter was sent on 24th April, recorded delivery. It was supposed to be delivered on 25th. It wasn't. Today is 26th and it's still showing as "on it's way" on the Royal Mail website. Now either Royal Mail are unusually delayed, or (more likely) Nationwide haven't signed for it or haven't accepted it or something.

 

Is the clock still ticking for them, or should I wait until delivery is confirmed via the Royal Mail website? I have proof it was sent, a copy of the letter and the address I used is the one listed in the relevant section on this site, so I have done everything right...

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Hello spurious!

I letter is normally deemed to have been received 2 days after sending.

Royal Mail's website is notoriously slow to update it's details.

The stamped Recorded Delivery receipt can be used as proof of actual posting if needs be.

As it is only the PL that U have sent I wouldn't worry too much.

Nationwide don't have a general history of deliberately trying to deceive Claimants by 'pretending' NOT to have received letters sent to them.

Just send your LBA to Nationwide after the fortnight is up.

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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  • 2 weeks later...

Well the fortnight is up on Tuesday and my LBA is all ready to go. The preliminary letter is still showing up as 'on it's way' on the Royal Mail website - the first time ever that I've not had delivery confirmed for something within a couple of days. If my LBA goes the same way, will my claim be diminished? I do have proof of postage (recorded delivery receipts) if it comes to court.

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Hi spurious!

Here's a link for U to check out the next stage of the re-claiming process...

How to make a claim

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Thanks for that, MTM.

 

I'm happy to say the LBA is now confirmed as delivered, so hopefully I'll get an acknowledgement (albeit by way of a refusal letter) shortly.

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  • 2 weeks later...

Well, I sent it recorded anyway. Only just got Nationwide's response to the LBA today, their standard dismissal letter.

 

One thing I forgot to do was to stipulate on my claim that I required a cheque be sent to me (I fear Nationwide will pay the debt collection agency who handles my account now). That said, with interest included, the amount I'm claiming is more then the debt with the DCA.

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  • 2 weeks later...

My date of issue is Thursday 24th May. I presume that means my deemed date of issue is five days later on Tuesday 29th May, right?

 

NW acknowledged this on 1st June, so Nationwide should have 28 days from the 29/5, meaning if they have to defended themselves before Monday 25th June.

 

Am I right? I'm unsure of how to work out the dates and would appreciate some help.

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Check your notice of issue it will say deemed served on dd/mm/yyyy. 28 days straight from then - however if the last day falls on a weekend then its midnight the next working day.

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  • 3 weeks later...

So I've just gone on MCOL's site to register a default judgement for myself. The site says not enough time has passed for me to be able to do this, but consider this:

 

The claim was issued on 24/5/07. Allowing five days for the claim to be considered 'served' brings us to 29/5/07. 28 days from that date takes us to 26th June, and I'm being generous there by not including the date of claim or date served within the count.

 

So why is MCOL telling me I have to wait? By my calculations, they've got it wrong.

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Oh my God, Nationwide have defended! At the eleventh hour!! Over £385!!

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

What a brazen waste of everyone's time. Does this mean I'll have to go to court? Are they hoping that I'll bottle it at this point? Eeek!

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So Nationwide have sent me a letter that's left me clueless about what to do next.

 

They claim to have refunded almost the entire amount I was asking for, but the account has long been closed.

 

They claim to have refunded:

 

£267.58 in charges

£29.83 in 'impending charges'

£50.00 court fee

£39.50 in interest

 

Now, the irony is I'm happy with that and keen to accept it, but they claim to have already refunded it, which leaves me bewildered because the account is closed - could they have re-opened it in order to refund this? Or have they paid whatever DCA is dealing with it at the moment? Either way, I've not received any cheque and am no better off.

 

They've submitted a defence with the court today - presumably saying they've already paid me - but as long as I've not physically got the money to hand, how can that be called a 'refund'? Should I continue to court? Write NW a letter asking where the money can be found?

 

Help!

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Hi Spurious, i think from what i have read on other threads that you should go into your local branch with a couple of forms of id and they will re-open account to pay you.

Better check on other threads but i think this is the case.

Good luck!!

 

NW £3490 still waiting.:)

Court on 02/07/07 :shock:

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I phoned NW to ask what they have done and they have indeed re-opened the account, paid the entire overdraft off and there's £70 in there for me to withdraw!!

 

Case close, yer honour.

 

:):):):):)

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