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    • Hey all done a lot of forum searching etc and im trying to get all my documents in order to send off the n244 set aside ccj form,.  So far.....i have done the below but feel like im not doing it right?   In the County Court at Stockport Claim No:    LOWELL SOLICITORS Claimant And   MR  Defendant   Witness statement 1.    I understand that the Claimant obtained a Default Judgement against me as the Defendant in JUNE 2019. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until September 2019 when I was doing a routine check on my credit file. I understand that this Claim was served at an old address 15 Armadale Close. However, I moved to a new address in September 2011 and I moved from 15 Armadale close in 2008. In support of this I can provide confirmation from Stockport County Council showing my updated details for the purposes of paying Council tax. 2.    I requested a sar from Lowell solicitors which shows them contacting me at my current address and not needing to contact an address where I never took credit or moved form 11 years ago. 3.     It is denied that the Defendant owes the Claimant £3154.09 as stated in their particulars of on the 15/05/2019 4.    I have never received agreement & default notice from Lowell solicitors ltd. 5.     On the 12/11/2019 I sent a formal request for a copy of the original agreement to Lowell Suitors pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee. 6.    I request the court orders the Claimants to provide the necessary documentation for me to fully plead my case else the Claim should stand struck out. 7.    In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence and would ask that the Claimants bear the costs of the amendment. Statement of Truth The contents of my statement are true to the best of my knowledge and belief Signed:  Dated: 12/11/2019     also     IN THE STOCKPORT COUNTY COURT Claim No. F1HK1E62 BETWEEN: LOWELL SOLICITORS Claimant – and – Defendant SEAN GORMLEY _________________________________ DRAFT ORDER _________________________________   Upon reading the defendant’s application dated 15th May 2019 It is ordered that: 1. The judgment dated 18/06/2019 be set aside. 2. The Defendant has filed a witness statement enclosed with application 3. The Claimant do pay the Defendant’s costs of this application to the sum of £255 4. The Claimant has permission to file and serve a reply if so required.          
    • Have a look at FOS on trustpillooot someone has just made a nice post about 4 hours ago:)
    • I believe they said they have ceased trading but the company itself is still active. I contacted companies House and also the insolvency register. I believe they have lied to get us off their tracks. Emc were previously Surrey First Cars. I have been doing a lot of investigating lately. I also know as of 9th October a new company has been registered for car sales at the EMC premises. However, as I mentioned chobham motors is still trading which is owned by Crown motor.    Edit- just found my agreement with wmsgroup for third party insurance. The dealer name on it actually says EMC CAR SALES/COBHAM CENTRAL GARAGE   
    • I don't know your circumstances, but I predict they will tell you its not mis-sold and encourage you to take it to the FOS knowing full well they have a cosy relationship with the financial institutions.
    • One issue would be Cleared Funds, as in pay online and it may be 3 days before the payment is showing in their bank
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charlieho

CharlieHo V Nationwide

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Having lurked around for the last week or so, I have started the ball rolling against Nationwide with a DPA disclosure to Nationwide although both Flexaccount & Credit card Acccount are closed .Both accounts refferred to debt collection agencies which I have been offered and have been accepted full and final settlements.

 

Quick question am I correct in proceeding against the Nationwide or should I claim against the collection agencies? Also have further claims against oher insitutions which I have settled their debts which I owed to them.(Just starting with Nationwide as people seem to have had quick responce from them).Scottish laws apply .

 

 

The Data Controller

Data Protection Team,

Nationwide Building Society

Kings Park road,

Moulton Park

Northampton NN3 6NW

 

24 Apr 2006

 

Data Protection Act disclosure request

 

Dear Sir/Madam

 

Data Protection Act 1998 request for :

Mr xxxxx xxxxxxx Flexaccount XXXX/XXXXXXXX (Closed)

Mr xxxxx xxxxxxx Nationwide Credit Card XXXXXXXXXXX(Closed)

 

Please send me the information which I am entitled to access under Section 7(1) of the Data Protection Act 1998 (the ‘1998 Act’) in relation to all charges which you have applied to my above noted accounts within the last 6 years from the date of this letter.

 

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

 

If you require any further information please let me know as soon as possible.

 

I enclose a cheque in favour of your bank in the sum of £10 with respect to the maximum statutory fee for processing this request.

Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them and also reclaiming the enclosed £10 DPA disclosure fee.

 

I look forward to your response within the maximum 40-day time limit under the 1998 Act.

 

Yours sincerely

 

XXXXXX XXXXXXX

 

 

 


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hi!

 

Nationwide is your starting block. I have a similar problem with Morgan Stanley, but opted to start with them as they were who imposed the charges in the first place.

 

Keep us posted

 

LOULA

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Quick response of DPA request from Nationwide

although they have known my current address for 5 years ?? delaying tactic?? or just being protective

 

Data Protection Team

Nationwide Building Society

Kings Park Road

Moulton Park

Northampton NN3 6NW

 

Telephone (01604) 855060

Fax(01604) 854933

Date 26 April 2006

 

Re: Request for a copy of your personal information

 

 

 

Thank you for your letter of 24 April 2006, and enclosed payment of £10

 

 

 

Under the terms of the Data Protection Act you are entitled to receive a copy of any information that we hold on you, this is called a Subject Access Request. The law allows 40 days for a Subject Access request to be completed from the time we are given sufficient information to carry out the request.

I have today requested duplicate statements for the accounts you have requested.

Our records show that we hold a different address to that on your letter, for this reason, once the information is ready we will send it to a local Nationwide branch convenient to you for collection. Please complete and return the attached form in the pre-paid envelope provided to advise which branch you wish us to send the information to. Once the information is ready for collection we will let you know. Please be aware that you will be required to produce a valid form of ID when you collect your information.

Should you require all the information Nationwide holds on this account or any others you may have, please let me know in writing quoting the relevant account numbers. In addition if you have had dealings with other areas within Nationwide who may hold information on you please let us know so that we can check for your personal data in these areas. In order to find any additional information we will need:-­

The address of any branch, other than the branch where you opened the account, which you have used on a regular basis.

Dates of your contact and details of other areas of the Society with which you have had dealings e.g. Customer Service Team, Lending Control, Member Service, On Line Bank,

Any other information which will assist us in locating your personal information

 

I have enclosed a copy of our Personal Information leaflet which explains how Nationwide uses your personal information, which you may find useful.

If you have any queries or require clarification on any points please do not hesitate to contact me at the above address.

Yours sincerely

 

JANET HOLDEN

 


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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From the reading I have done around here over recent weeks, Nationwide have been quite good at delivering the goods following the DPA request. Following these requests, most of us have had the same standard letter which reads somewhat differently to yours.

 

It may be genuine, given that your accounts are closed and the matter was referred to an agency, they genuinely might have some confusion about your address and your data.

 

A rather tedious start for you though I have to say. I would fax and mail (recorded perhaps) your response pronto especially as their first paragraph implies that they plan to start counting the 40 days from the date from when they get your answers or 'sufficient information' as they call it.

 

Is there a reason why you used a different wording than the standard DPA letter provided in this forum. I am wondering if that may have affected your response.

 

Perhaps when you write back you could assist them by telling them that copies of statements will be acceptable.

 

Hope this is of some help.

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Have faxed and posted reply to them details of local brach where I'll pick up statements.

 

The only reason my wording is slightly different from the one here is that I've done a hybrid request of ones I've seen here (in a thread i can't remember or find now) and one at the Govan law centre.


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Preminary letter - sent by e-mail & post to Charles Bacon

 

Charles Bacon

Solicitor

Legal Compliance (Corporate Affairs)

Nationwide Building Society

Nationwide House

Pipers Way

Swindon

SN38 1FN

 

 

 

Request for repayment of charges

Dear Sir,

 

ACCOUNT NUMBER: Flexaccount xxxx/xxxxxxxx

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 5 years

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not then you will pleased to demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs.

Additionally it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

You concealment of the true nature of your charges has prevented me from asserting my right until now.

 

 

 

What I require

I calculate that you have taken £2579.00 (see attached spread sheet).

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges, which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Charges refused

 

First standard refusal letter rec'd 10 June 06

 

Thank you for your letter of 30th May 2006, about charges incurred on your FlexAccount.

 

Feedback from our members is absolutely invaluable, so we appreciate the time you've taken to get in touch with us about this issue, and we're grateful for the opportunity to explain the rationale behind our charging policy.

 

As you know if we allow items to be paid and it means you exceed your agreed overdraft or we have to return an item unpaid on your account then we will make a charge in accordance with the terms and conditions. Details of our tariffs are contained within our 'FlexAccount Interest Rates and Charges' leaflet, freely available in branches and provided when opening an account and agreed to by yourself when you sign in acceptance of these terms when signing the application forms.

Nationwide believes it is open and transparent about charges and members are pre-notified prior to charges being debited via their monthly statements. If, at any time, we make changes to the tariff, account holders are always informed.

I hope that this has helped to clarify our position and you will appreciate why I am unable to refund any charges on your account. If you would like any further help, please contact me direcdy at the address at the top of the page or by telephoning me on 01793 712507.

I must make you aware The Nationwide Group uses the Financial Services Authority rules when dealing with customers' concerns. I've enclosed a leaflet that explains our Internal Complaints Procedure should you not be happy with my reply.

Yours sincerely

Sarah Watso

Team Manager

Member Account Servicing

What do I do if I'm still unhappy?

 

The Nationwide Group uses the Financial Services Authority rules when dealing with customers' concerns. Under their guidelines, you may consider the following course of action if you're .not satisfied with my response.

1.Our Member Service Department can review your concerns. I will be glad to refer it for you. If you decide to go ahead with this option, please contact me.

2.If you are still not satisfied, you may then approach the Financial Ombudsman Service for an impartial, independent assessment of the situation.

NO -LETTER BEFORE ACTION is next

If you don't come back to us within the next 56 days, I will close our file.


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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LETTER BEFORE ACTION SENT TO SARAH WATSON - Emailed copy to Charles Bacon also.

 

Sarah Watson

Team Manager

Member Account Servicing

Nationwide Building Society

Member Account Servicing

1ST Floor Electra House

Famsby Street

Swindon

SN21SR

 

 

 

LETTER BEFORE ACTION

 

Dear Ms Watson,

 

ACCOUNT NUMBER: Flexaccount XXXXXXXXX–Your ref XXXXXXX dated 02/06/06

 

I am very disappointed that you have failed to respond positively to my letter of the of 30th May 2006.

 

I note your position is that I am not entitled to a refund because the terms and conditions of my account allow you to impose charges where I have insufficient funds in my account.

 

 

I also note your suggestion that I can complain to the Financial Services Ombudsman if dissatisfied with this decision. However, please be advised that it would be inappropriate to complain to the Financial Services Ombudsman where the only forum which can determine a dispute on the legality of charges is my local court. I would ask you to note the following.

 

 

Your bank insists it can impose charges in accordance with its terms and conditions of contract. However, those terms and conditions are subject to the common law and the Unfair Terms in Consumer Contract Regulations 1999 (UTCCR). Indeed, the UTCCR takes precedence over any contractual term where the court finds a term to be ‘unfair’. The court can then treat that term of contract as having no legal effect.

 

The question that arises is this: are your charges unfair in terms of the UTCCR? 0n 26 July 2005 the OFT stated that 'a charge is likely to be disproportionately high if it is more than a court would be likely to award if the lender sued the cardholder for breach of contract'. So what would the court award your bank for my minor breach of contract?

 

As you will be aware, the court will only award (in a non-negotiated consumer contract) a sum to reimburse actual loss. Your charges do not reflect actual loss. Rather, they include a massive profit margin or penalty. Alternatively, they subsidise the bank's global debt recovery costs and lending losses. There is parliamentary evidence for this assertion.

 

When the UK banks gave evidence to the House of Commons Treasury Committee on how bank charges were calculated they said:

 

"[bank charges] are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (House of Commons, 2nd report, 25 January 2005, paragraph 50).

 

Accordingly, your charges do not reflect the actual loss in my case. They are an illegal penalty charge designed to recover money unconnected with the conduct of my account. Please advise whether you have an appeals procedure, and if so, please treat this letter as a request for an appeal against your decision not to refund charges.

 

If I do not hear from you within the next 14 days, I will raise an action of payment at my local court. In that eventuality, I would require you to lodge in court financial vouching for the actual loss sustained in my case, together with your full financial accounts revealing how much income is generated from your bank charges, as against the cost of administering dishonoured transactions.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £2579.00 I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 30th May 2006

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges, which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

Yours faithfully,

 

XXXXXX XXXXXXX

 


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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This is my first submission of a claim to my local Sherrif Court .I would be glad if someone could have a look at it and advise is it is okay.

Couple of questions;

Is it okay to quote Interest pursuant to section 69 County Courts Act ?

Can I ask the court at this stage to tell Nationwide to remove the default? or is this a separate DPA action?

 

STATE DETAILS OF CLAIM HERE OR ATTACH A STATEMENT OF CLAIM

(To be completed by the pursuer. If space is insufficient, a separate sheet may be attached)

The details of the claim are:

1. The Claimant xxxxxxxxxxxxxx had held a bank account ("the Account") with the Defendant since on or before XX/XX/XX and closed on or around XX/XX/XX

2. During the period in which the Account was operating the Defendant debited various charges to the Account in respect of purported breaches of contract on the part of the Claimant. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

c) The claimant is demanding the repayment of money.The Defender has refused full payment of these monies due (Copies of correspondence can be provided)

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £570.00

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

The Defender has a branch at41 West Blackhall Street, Greenock, PA15 1UT and therefore it is under the jurisdiction of this court.

I believe that the contents of these particulars of claim are true

Signed:

 

Date:


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hi I have just recieved a similar letter from Sarah Watson and I automatically began to feel weary until I came across your letter and response, I am now full of vigour and once again ready to claim back what has been edit from us.

 

I notice that your response letter seems a bit longer than the template letter. If this is the case would you mind if I copy it and send it on to Ms Watson?

 

All the best in claiming back what is rightfully yours, continued support and encouragement.

 

ALG:)

 

Please do not use libelous terms that could cause problems for the site.


AG :p

27/07/06 ~ Nationwide paid in full £2477.39p

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In my small claims court case against Bank of Scotland to claim the outstanding 8% (£209 in this instance) I was told by the Judge that the County Courts Act 1984 did not apply in Scotland. However I do not know what the relevant Scottish legislation (sp?) that applies to it is. There must be some as other Scottish litigants have claimed for it and been paid. :-(


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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HELP Please:

 

Have rec'd the following from Nationwide :

Following Richard Sear's letter of22 June, I'm writing to tell you we've completed our investigations into your concerns regarding charges applied to your FlexAccount

 

In Sarah Watson's letter of 2 June, she explained that when you opened this account you agreed to abide by the FlexAccount terms and conditions. We are comfortable that Nationwide has been completely open and transparent about our fees and charges, making it very clear that if you exceed an agreed overdraft, go overdrawn without prior arrangement, or authorise payments which we have to return due to insufficient cleared funds, charges will be levied. In order to have avoided these charges you needed to monitor your account to ensure you stayed in credit. Having said that your account was closed in May 2005 after it remained overdrawn for some considerable time and ultimately the Society wrote off the outstanding balance of £974.59. This was done at a financial loss to the Society and the membership as a whole, so it wouldn't be appropriate for us to consider refunding any charges. I hope this clarifies the situation and explains why we are unable to agree to your request.

 

 

We are genuinely sorry that this matter has caused you concern and hope this clarifies the situation and explains why we are unable to refund your charges.

 

 

We need to give you details of the Financial Ombudsman Service and have enclosed their most recent leaflet, which you may find helpful. You'll notice if you do decide to pursue this with the Ombudsman, you should do so within the next six months.

 

 

Thank you for taking the time to bring your concerns to our attention

 

Yours sincely

 

Karon Winkler

 

Member Relations Manager

 

 

They did agree a shortfall settlement as described above however I calculate that the charges they unlawfully levied were £2579.00

 

Do I pursue them for £2579.00 ( in Scotland 4 separate claims of about £650.00 (ie less than £750.00)

Or do I persue them for £2579.00 minus the balance they wrote off of £974.59 ie £1604.40

Or can I not persue them as they and I agreed a full and final settlement ( I not knowning at that time that they charges they had levied where unlawfull)

 

Charlieho

 

 

 

 

 

 

 

 

 

 


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Have revised sherrif Court Small Claim based on one at Govan Law Centre with bits borrowed from scottias post and submitted it today.Also attached Scottish schedule of claim using spreadsheet from Vampiress (Which incuded interest at the judical rate). The woman at Greenock Sherrif Court was very helpful when I explained I had never done any like this before.

 

 

STATEMENT OF CLAIM

 

Case ref:

 

in causa

CharlieHo

V

Nationwide Building Society

 

1. The parties are designed in the instance. The Defender has a branch at41 West Blackhall Street, Greenock, PA15 1UT and therefore it is under the jurisdiction of this court. No proceedings are pending elsewhere between the parties hereto in respect of the subject matter of this action. To the knowledge of the pursuer, no agreement exists between the parties prorogating jurisdiction of the subject matter of the present cause to another court.

2. The Claimant CharlieHo had held a bank account ("the Account") with the Defendant since on or before 01/01/02 and closed on or around 01/05/05

3. During the period in which the Account was operating the Defendant debited various charges to the Account in respect of purported breaches of contract on the part of the Claimant. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

4. The claimant claims from the defendant a sum equivalent to the amount unlawfully debited to the claimants account from 06/02/06 to 04/02/03 .The sums are detailed in the schedule attached to these particulars of claim.

5. The defenders state that charges are necessary to cover their costs. The defenders are called upon to lodge in process a statement indicating how much annual pre-tax profit is generated from applying bank charges to current accounts, identifying the income generated from applying charges to current accounts as against the expenditure incurred in processing unauthorised overdrafts. Their failure to do so will be founded upon. The amount of charges applied does not represent the defender’s actual costs in providing unauthorised lending on the pursuer’s current account under explanation that a substantial proportion of the defenders’ pre-tax profits are believed to be earned from bank charges.

6. The defenders have refused full refund of these monies due (Copies of correspondence can be provided)

7. The defenders charges represent a contractual penalty or fine and as such are irrecoverable at Scots common law. In the case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses which flowed from a breach of contract. The defenders charges are not liquidated losses and therefore the pursuer is entitled to be reimbursed in the sum craved.

8. Separatim, the defenders charges represent an unfair penalty charge in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083) (the ‘UTCC’). The pursuer’s contract falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) as the pursuer is a consumer. The defenders charges constitute an unfair penalty under reference to paragraph 1(e) of schedule 2 of the said regulations

Indicative and non-exhaustive list of terms which may be regarded as unfair

1) Terms, which have the object of effect of-

(e) Requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation’.

 

 

9. Reference is made to the following three cases from the Office of Fair Trading’s Unfair Contract Terms Bulletin 21 (July to September 2002), issued in May 2003:

 

 

OFT case 15 – Kids of Wilmslow Ltd.

Clause 7 of the company provided for the supplier to charge interest on unpaid fees at an excessive rate above the bank base rate. Also unclear as to how the interest would be charged. The OFT amended the clause so interest was charged on unpaid fees at 3% per annum above the bank base rate. Further, an administration fee of £10 per letter sent concerning unpaid fees was deleted.

OFT case 18 – Legal & General Franchising t/a Parker Estate Agents.

A commission clause had the potential to allow the estate agent to charge a penalty fee for late payments. The OFT revised the clause to reflect the company’s practice of charging 8% per annum or the current rate of county court interest on late payments.

OFT case 4 – Dampcure-Woodcure/30Ltd.

Clause ‘W’ had the potential to impose a high financial penalty of payment was not received within seven days of the date of invoice. The OFT revised same to make clear that interest will be charged at 4% above a high street bank rate per annum if payment not received within 7 days of the date of invoice.

Accordingly, the defenders are fairly compensated for unauthorised lending by the imposition of their unauthorised overdraft interest rate. The imposition of further charges is unfair in terms of the UTTC. Reference is made to guidance issued by the OFT on 26 July 2005, which stated that 'a charge is likely to be disproportionately high if it is more than a court would be likely to award if the lender sued the cardholder for breach of contract'. The court is asked to declare the imposition of the defender’s charges as unfair and irrecoverable in terms of the UTTC.

10. The pursuer being entitled to reimbursement of the defender’s charges, decree as craved should be granted with expenses.

 

I believe that the contents of these particulars of claim are true

 

Signed:

 

 

Date:

 


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hi i'm also about to file my small claim against nationwide , also at greenock , probs on friday

 

they sent me the F off letter saying no

 

 

CharlieHo i,ve send you a private message there :)

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Return Date 04 September

Hearing Date 11 September


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Rec'd this today

 

Dear CharlieHo

Your FlexAccount Number: *********

I'm writing, following your recent correspondence to Charles Bacon in which you asked us to refund charges on your account. I'm now able to confirm that we've refunded £570.00 in charges and a further £153.12 to your account to cover your lost interest. Please be aware that the amount we have refunded may be less than the amount you have requested on your claim. We have thoroughly investigated and calculated all the charges that have been applied to your account in the past 6 years, which may include deducting any previous

refunds you have had, to arrive at this figure.

I must make you aware that the Nationwide Group uses the Financial Services Authority rules when dealing with customers' concerns. I've enclosed a leaflet that explains our Internal Complaints Procedure should you not be happy with my reply.

If you have any queries, please contact me, my address and telephone number are at the top of this letter.

 

Yours sincerely

Sarah Watson

Team Manager

Branch Service Centre

Member Account Servicing

 

Cheque Recieved for £723.13

 

My Scottish Small Claim was for the period 06/02/02 to 04/02/03

charges £570.00

Interest at the Judicial rate of £176.62

Total £744.62

 

Advice/comments sought as follows

 

  • Do I treat this as a settlement of my first claim - lodging a minute to dismiss the case THEN put in scottish small claim for the next lot


  • Do I write to Nationwide saying thanks very much but my schedule of claim was for £744.46 plus expenses (at least the £39.00 courrt fee).Although re-reading my Form I and statement of claim had 2 errors 1)The total I put in Box 4 claim was 744.46 2) The dates I put on my statement of Claim was 06/02/06 to 04/02/03 Shoud have read 06/02/02 to 04/02/03 (NUMPTY)


  • Do I write Nationwide saying thanks very much for settlement but I'm going to persue you for the rest of the unlawfull charges so why not pay up now -OH and by the way remove my default ( was going to bring up the matter of default when I lodged my last court claim) as requested in my very first letter.


  • take no further action

    :rolleyes:


Any comments/advice please

 

CharlieHo

 

 

 


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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well done in getting some back

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Just thought I get the full amount I am owed in this claim.

 

Sarah Watson

Team Manager

Member Account Servicing

Nationwide Building Society

Member Account Servicing

1ST Floor Electra House

Farnsby Street

Swindon

SN21SR

 

 

 

Dear Ms Watson & Mr Bacon,

 

Flexaccount ************** –Your ref 556870/JJ dated 28/07/06

CharlieHo V Nationwide Small claim Summons SA243/06

 

Thank you for cheque for £723.12, which I note from your letter is composed of refund of charges of £570.00 and £153.12 in lost interest, which I accept in partial settlement of my small claims action SA 243/06 .

 

The reason that I can only accept this as a partial settlement is that

1. In the schedule of charges attached to the summons the charges totalled £570.00 (which we appear to agree on) and I calculate the interest to be £176.62 using the judicial rate of interest 8% from the date the charges where incurred. This is a difference of £23.50

2. In my claim in addition to the Total sum of £744.46 claimed I also claimed for the expenses of bringing the claim, you have offered nothing towards these expenses. The expenses I have incurred are detailed as follows:

 

Subject access report (S.A.R - (Subject Access Request)) fee £10.00

Bus fare too collect S.A.R - (Subject Access Request) £4.30

Sheriff court fee £39.00

Bus fare to deliver papers to court £3.00

Postage (6 x Recorded delivery letters) £6.00

Stationary costs £2.00

 

Total £64.30

 

 

 

To settle this claim and in order to submit Rule 8.1(2) FORM 11 requesting the court to dismiss the claim I therefore require a further payment of £87.80 before the return date of 11 September 2006.

 

Yours sincerely


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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FIRST (of 4) claims against Nationwide settled

 

 

 

Donation on way

 

Charlie Ho

 

 

09 August 2006

 

 

Dear CharlieHo

 

Your FlexAccount Number: ****/******* (closed)

 

I'm writing, following your recent correspondence in which you asked us to refund the costs you incurred in bringing your case to our attention.

 

Although we do not consider that you are entitled to further sums claimed, it is uneconomic for us to contest your claim through the court. With this in mind, please find enclosed a cheque for £87.80 to cover your expenses.

I must make you aware that the Nationwide Group uses the Financial Services Authority ruleswhen dealing with customers' concerns. I've enclosed a leaflet that explains our Internal Complaints Procedure should you not be happy with my reply.If you have any queries, please contact me, my address and telephone number are at the top of his letter.

 

Yours sincerely

 

 

Sarah Watson

Team Manager

Branch Service Centre

Member Account Servicing

 


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Good for you ...... now onto the next batch ;)

 

T

xx


I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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Hi CharlieHo

I would be grateful for your advice as you seem to have in depth knowlege

I was fairly confident that I understood the Scottish procedure but having read one of the threads I am confused. If my 1st claim is successful do I need to go through the whole prdocedure again i.e Preliminary letter, LBA etc before I lodge

2nd claim.

 

I started process on 14 June however I keep reading how some people seem to have whole procedure done and dusted in short space of time.

 

Total amount of claim is £2459

Ist small claim action lodged 7th August £750 plus 8% interest

Return Date 8th September

Hearing Date 25 September

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7givenchy

 

you seem to have in depth knowlege

 

Thanks for that - all the knowledge I have aquired regarding get bank charges back has come from the other users on this site and the Govan Law Centre.

 

I have just completed claim ONE against Nationwide and yesterday took the form 11 to the Greenock sherrif court to minute for dismissal my first case against them as they had settled THAT claim to my satisfaction.I immediately handed in my SECOND claim at the time.My reasoning is that Nationwide are well aware of what I require from my preliminary letter and letter before action,in which I also stated

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline
.Therefore they still have not settled my full amount. If your case hearing goes ahead could I possible come along to court??

 

I don't know if this is the correct way to do it - but its the way I'm doing it.If need be I state my reasoning to the Sherrif.I do know from some posts that some banks are saying that we are wasting the courts time by doing multiple small claims (but then again they would).I would argue that we are being prudent and that they could settle before court as it is them that are unlawfull.

 

Charlie


Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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I do know from some posts that some banks are saying that we are wasting the courts time by doing multiple small claims (but then again they would).I would argue that we are being prudent and that they could settle before court as it is them that are unlawfull.

 

Charlie

 

My argument too, the banks could also be said to be wasting the courts time, and the banks money, as we are following a very reasonable path and giving them several opportunities to settle before a claim is made.

Besides each claim is for a completely different set of charges, so is a completely new claim.


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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Charlieho

Surprised to find that we live in the same area !!

A bit of moral support at the court would be most welcome. I totally agree with the way you are proceeding and hope the judge feels the same!!!!

 

I will keep you informed of any developments.

 

Sandra

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Hi CharlieHo

Received full settlement letter from Halifax Bank of Scotland yesterday in respcet of

1st Claim £750 plus £320.28 interest plus £39 costs Total of £1109.28 paid into account yesterday!!!!

Letter states that "on a purely commercail basis, it will cost Bank of Scotland money to defend the claim in terms of legal cost that would be incurred" "For this reason, but without admission of liability Bank of Scotland is willing........

Yesterday was such a good day!!! Settlement from the bank and due to ongoing health problems I had been told that I was to be admitted to hospital yesterday as I may need cardiac ablation, but managed to avoid being admitted at present.

I am now ging to submit 2nd claim!!!!!!!!!:)

Regards

Sandy

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