Mr Penguin V NAtionide

[mrpenguin]

Hi there,

 

I've just submitted my prelim letter and had a response already...but they advise that they won't refund the charges and that if I'm not happy with their response to 'take the complaint to the next step' via the ombudsmun etc...

 

Should I ignore this letter/response and wait until the deadline given in the prelim letter then sent the LBA letter as planned (should I acknowledge their letter?)

 

Thanks

[bottomburp]

deleted

[mrpenguin]

Thanks, will do

[mrpenguin]

If just had an offer for settlement from HSBC for another claim I have running, which had taken about 8 weeks to get that far - I was wondering how long it takes on average or how far you have to push nationwide to get an offer?

[kc_31]

Hi mrpenguin, from reading recent threads, once MCOL has been issued they are generally paying out within a couple of weeks. If they have offered settlement but not the full amount you can tell them you will accept this a partial settlement but you will continue with your claim for the rest of you rmoney.

[mrpenguin]

Thanks, the LBA deadline is next wednesday so I'll update once that's passed - hopefully I will have had a response by then as re-reading my HSBC letter, it's a response to my LBA dated 2 weeks after I submitted my MCOL and had it acknowledged!

[mrpenguin]

Hi,

 

My LBA deadline for Nationwide expires this Wednesday (x2 days away) - this morning I received a letter form Nationwide advising that they are refering my case to their 'Member Service Department' to review. Should I await for this response or go ahead and submit the MCOL once the deadline arrives?

 

Thanks

[kc_31]

Submit MCOL once the deadline arrives. You gave them 14 days to give you a satifactory response, it's their fault if they let the deadline come and go.

[mrpenguin]

thanks kc 31

[mrpenguin]

I've recently had a further x2 letter from Nationwide advising that they've looked further into my 'concerns over charges' and advise they aren't going to change their stance i.e. no refund. The deadline set in the LBA letter has now passed so I'm just about to submit my MCOL.

[mrpenguin]

MCOL submitted just now (gonna update the mods to add it to the list)

[mrpenguin]

Confirmation of issue of claim arrived yesterday (20/12/06). The claim will be deemed as served on 23/12/06

[mrpenguin]

Really weird thing happened.... A load of unexplained credits appearded on my account then a letter dropped on the mat advising that only the last x6 years worth of refunds have been applied, with their calculated (no sums included) interest and costs (£120 for the MCOL).

 

In the letter is is telling me what they have done, not making an offer. Am I entitled to all I have requested, even charges over x6 years or should I just accept this and cancel the MCOL?

[bottomburp]

deleted

[mrpenguin]

Just to confirm, even if the charges are over 6 years old, so long as I can provide evidence of them, I can claim them?

[bottomburp]

deleted

[mrpenguin]

Thanks for that bottumburp, just drafted and posted my partial acceptance on the basis that they pay the rest! The funny thing about the letter they sent is that it doesn't include anything about an offer or that they consider the claim settled etc... Nor does it instruct me to stop my claim with the court - so I'm guessing they're either incompetent (highly probable) or they a bunch of chancers!

[bottomburp]

deleted

[mrpenguin]

Partial acceptance letter went off on Saturday, they have until 20/1/07 to pay the rest or I'll press on with the claim.

[mrpenguin]

Letter arrived today from Nationwide advising that they now consider my action a sign of non-conformance to their flex account rules and therefore have given me notice that they are closing the account!

 

I knew that it was a possibility but thought it wouldn't come to this, as HSBC have not reacted it the same way and paid in full. I'm assuming the answer is no but.. Is there anything I can do as I'm failing to adhere to the terms of the agreement but merely challanging the amount they charge under it?

Any help or suggestions appreciated

[mrpenguin]

...i take it then no one can help or has any ideas?

 

I have sent of the AQ questionniare with cheque for £100 and will wait and see what happens next. I sent a copy to the Nationwide and also included a statment that advised they have paid me the following:

1) Costs to date (for MCOL)

2) Interest requested on full amount

3) Part of fully requested amount

...so if they don't want to refund me the whole amount requested, why did they pay me all of the interest as requested but not the charges - even if they are over x6 years old? I have in turn requested them to provide me with a breakdown of the caluclations they used to apply my refund to date as it doesnt add up at all!

 

I'd requested this before submitting the AQ but no repsonse. Should I expect one now or will this end up going to court?

[mrpenguin]

Please help - something's gone wrong...!

For this case, I've followed exactly the same steps I did for my HSBC claim (which was paid in full) and I used the same templates for interest charges, letters and the MCOL etc.

The problem where this case seems to have fallen over is at the stage of submitting the AQ.

The Nationwide made a part payment of the amount claimed for following the submission of the MCOL. I advised them that unless they paid the remainder, I would proceed with my claim. They did not pay the remainder. I submitted the AQ as per instructions and used the templates on this site; however, I received the following letter from the local county court which I have typed out below verbatim:

IT IS ORDERED THAT:

1) The claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the fact. (Stylised particulars do not constitute compliance.)

The claimant must amend or substitute its particulars of claim setting out the Claimant’s case in plain English by 4:00pm 1st March 2007 and in default, the claim will be struck out with no further notice.

If the above order is complied with the Defendant has permission to file and serve an amended defence in accordance with CPR 16.5 setting out its case in plain English.

2) This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed.

Any help or suggestions greatly appreciated…

[HSBCrusher]

Take a look at these threads... some ideas

 

http://www.consumeractiongroup.co.uk/forum/abbey-cahoot-successes/9990-lula-abbey-12.html?highlight=Stylised+particulars#post290918

http://www.consumeractiongroup.co.uk/forum/natwest-bank/62858-genreal-form-judgment-order.html?highlight=Stylised+particulars#post532367

Help Needed Rfq!! Panicking Now!!

 

look at these posts especially

http://www.consumeractiongroup.co.uk/forum/post-535431.html

http://www.consumeractiongroup.co.uk/forum/post-492543.html

this is a copy of CPR 16.4 (1)

 

16.4 (1)Particulars of claim must include –

(a)a concise statement of the facts on which the claimant relies;

(b)if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);

©if the claimant is seeking aggravated damages (GL) or exemplary damages (GL) , a statement to that effect and his grounds for claiming them;

(d)if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and

(e)such other matters as may be set out in a practice direction.

(2)If the claimant is seeking interest he must –

(a)state whether he is doing so –

(i)under the terms of a contract;

(ii)under an enactment and if so which; or

(iii)on some other basis and if so what that basis is; and

(b)if the claim is for a specified amount of money, state –

(i)the percentage rate at which interest is claimed;

(ii)the date from which it is claimed;

(iii)the date to which it is calculated, which must not be later than the date on which the claim form is issued;

(iv)the total amount of interest claimed to the date of calculation; and

(v)the daily rate at which interest accrues after that date.

 

(Part 22 requires particulars of claim to be verified by a statement of truth)

hope this lot helps out!

_________________

[Guest Zooman]

I would just substitute the particulars of claim, I have put the paper work up for you, I would wait a few more days though and get a few different peoples thoughts on this. I also think that the wording from this very sites N1 particulars of claim, should do the job nicely, but again I would get few peoples thought on this.

 

I have put them here for you in a format you can use in this case, remember that it will need a cover page to explain what it is and point out that it is service.

SUBSTITUTED PARTICULARS OF CLAIM.doc

[Guest Zooman]

in fact here is a pair of service letters, to be on the safe side I would also send the court a completed certificate of service (N215) along with a copy of the N1 (stapled to the N215) so the court knows the date when the defendant's response is due.

 

if you use certificate of service (N215) on the second line put SUBSTITUTED PARTICULARS OF CLAIM

(insert title or description of documents served)

service letters.doc

certificate of service (N215).pdf