My 1st response from Nationwide..

[robpratt01]

I have just received a response from Nationwide following my first letter (i used penaltycharges.co.uk template letter - shown below):

 

"Dear Sirs,

 

ACCOUNT NUMBER: ********

Due to recent media coverage on bank charges I am now aware that you, Nationwide Building Society have been charging me, charges, that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

 

I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

 

Furthermore if you fail to comply with this letter, I request without further notice a breakdown and proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs In relation to the said charges, and are proportionate to the charges levied on my account as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e)

I also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against.

 

Your charges appear to be nothing more than a profit-making scheme. Therefore I require you to refund me at a total of £xxx.xx, representing the total, unlawful during the last 6 years. I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs.

 

Yours Sincerely..."

I didnt include interest in the sum I was reclaiming and the reply I received from Nationwide was that, when I opened the account, I had agreed to abide by the terms and conditions and that they are unable to refund any chages on my account.

Is the best course of action now to wait until the 14 days are up and then file my claim in court, or should I send a follow-up letter?

Thanks

Rob

[robpratt01]

I've just realised that I have sent the LBA without sending a preliminary letter requesting charges back!

 

Does this mean that I have messed up the opportunity to get my money back or is there still hope?

 

Should I just file my claim in court at the end of the 14 day period?

[robpratt01]

....also, does anyone think penaltycharges.co.uk wrong not to recommend a preliminary letter?

[JAIMEB1984]

i dont suppose it is wrong i think its just a case of with a prelim letter you have given them more chances to give u the charges back without court action iykwim, wait the 14 days theen you have given them plenty of chance.

ps any advice ive given is just what ive learned from these posts and reading up so dont quote me on anything h2h