Making a new claim.

[CLEOPATRA]

Hello everyone,

 

i have just also started a claim against Nationwide, for unfair charges, of £2343.30. I have sent the Data Protection Act Disclosure Request, and recieved a speedy reply, from a Mr Gary Parkins,the Data Protection Administrator, stating that he acknowledged my request and would be sending me the infomation requested. A few days later, i recieved a bound volume of my last 6 years bank statements and the £10.00 cheque that i had sent for fees. They do not charge for this service i was told. I have now gone through my statements, and come to the amount stated above. But i am not sure, if i should be adding the interest, that is stated each month, under the Notice Of Charges page.And in the months with no charges, but with interest, should i be adding this? Am a bit confused about the interest charges. I would be grateful for any advice. Hope to post Preliminary Letter as soon as i have sorted confusion about interest out.Will keep you all posted.Good luck to you all, with your claims. I am so angry about these charges, as i am a single parent with 2 children, struggling financiallly,and the bank, only made matters worse by taking these charges, and it had a terrible snowball effect.As a last thought, could anyone confirm to me, if i can claim for unfair credit card charges, as have seen a draft of a letter to a credit card company, in the library section.Many thanks.

[Loula]

Hello Cleopatra,

 

Please may I firstly ask you to re-read the FAQs. I know time is precious as a single parent, but if you could find just 10 minutes it will help you in the long run.

 

However, just briefly...

 

Credit cards charges - yes, look in the FAQs

 

Interest - you could claim the overdraft interest on just the charges part, but is very complicated and messy. My advise is just ignore it. Again look in the FAQs.

 

Come back if you need further help

 

LOULA

[CLEOPATRA]

Hello Loulla,

many thanks for your speedy reply, its most appreciated.I will look at the FAQs page. So glad i found this site, its amazing, thank you, and all its co founders, you have done a wonderful job, in helping others.I will certainly tell everyone i know about it.Many thanks.

[CLEOPATRA]

Hi everyone,

have just sent my preliminary letter for repayment to my bank, and sent an email copy, to Charles Bacon. Wish me luck! Below is letter i sent. I wasnt sure about the interest charges, so calculated other charges taken, and asked for interest taken on these charges.

 

 

 

 

 

Request for repayment of charges

 

 

Dear Sir,

 

 

My request

I am writing to ask you to refund to me the charges, and interest, 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.

Your responsibilites

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.

 

What I require

I calculate that you have taken £2039.20 in charges over this time period, plus interest which you have charged me in overdraft interest for the sum which you have taken.

 

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.

 

 

 

Yours faithfully,

[CLEOPATRA]

Hi all,

just recieved reply, from Nationwide, to my preliminary letter for repayment. It was a polite get lost letter, i am afraid. Telling me how i had agreed to the terms and conditions etc etc. So i will send them a reminder that the 14 days are ticking away, an that if i havnt had a full refund by the 14 days, i will be sending a LBA, to them.Will also send another email to Mr Bacon their solicitor. As if i would be put off so easily. As if.....

 

 

Thank you for your recent letter in relation to charges on your Flex Account.

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 'Flex Account 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 this has helped to clarify our position and you will appreciate why I am unable to refund any charges on your account.

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.

If you have any further queries don't hesitate to call me. My contact number is 01793 712526 and my address is at the top of the letter.

 

Yours sincerely

Deborah Desborough

Team Manager

Member Account Servicing

 

What do I do if I'm still unhappy?

The Nationwide Group uses the Financial Services A\ithority 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. You can also ask the Financial Ombudsman Service for an impartial, independent

assessment of the situation, as 56 days have now passed since you first contacted us.

I've enclosed a leaflet that explains the procedure.

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

[Loula]

Hi Cleopatra,

 

Do not communicate with them again before the 14 days is up and then only send the LBA.

 

You do not need to remind them at all, just follow the prescribed course of action as in the Step by step guidelines

 

LOULA

[CLEOPATRA]

Hi Loula,

many thanks for that. Will get my LBA drafted and wait for the dealine then post it.God help them.

[Blacksheep]

Hi Cleopatra,

I got the very same reply, it was just signed by a different person, a Sarah Watson. I hope you will be able to carry on to the small claims court. I was not able to take this course right away, as I lack the £120.00 fee at the moment (hardly surprising really).

But don't despair. you may get help or an exemption from the fees if you are on certain benefits. My Local county court are sending me information on how to apply for this. They take into account your income and outgoings.

I have to put my claim on hold because I am too poor to pursue it, but I will pursue it at the earliest opportunity.

It's people like us who need these refunds the most.

Keep your nerve you'll be ok.

I am the Blacksheep

[CLEOPATRA]

Hi there Blacksheep,

yes i am in a similar position as you,financially, but will send my letter before action tomorrow, as the 14 days are up, and if it has to go to court so be it. I am so angry with my bank, as they knew my position, and didnt think twice about putting me further into debt. So they will get what they deserve now.I wish you luck with your claim, and am sure you will find the fee needed for the court, have faith, and it will happen. There is always hope.

[CarlingMonstor]

Thank you for your recent letter in relation to charges on your Flex Account.

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 'Flex Account 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 this has helped to clarify our position and you will appreciate why I am unable to refund any charges on your account.

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.

If you have any further queries don't hesitate to call me. My contact number is 01793 ??????? and my address is at the top of the letter.

 

This is quite bizarre. I got exactly the same text, except from a different person. It was from our very own Sarah Watson also mentioned above. However, she refunded me without me even threating legal action against nationwide. I know the amount wasn't anywhere near the amount your claiming but I still think it's a strange, perhaps they refund smaller amounts without question but try to argue on the higher amounts.

[CLEOPATRA]

Hi there CarlingMonstor,

yes you maybe right.But i have sent them the letter before action, to Charles Bacon and ont to Deborah Desborough. Where is the logic in going to court? As they will then have costs to pay also! I am waiting patiently, to see what happens next.

[k999jde]

perhaps they refund smaller amounts without question but try to argue on the higher amounts.

 

Not so in my case,

 

Sarah Watson said no to my £60 request and as per my other threads, have only offered to settle as the claim is filed at court.

 

we have a saying here in lancashire...

 

the right hand doesn't know what the left hand is doing.

Still "Proud To be Different" as they say!

[jas2006]

dear cleopatra

i have just had a whole weeks wages taken in charges now bt chance i found this site and would like as much help in getting my charges back this has been going on 4 years, i must say im very scared to do this so would like all the help and advice i can get

thanks jas

[Guest Lueeze]

Hi Jas, Please start your own thread, after reading all the FAQ's, as you are Hijacking someone elses thread.

 

Thanks

 

Louise

[CLEOPATRA]

Hi Jas, you need to read the FAQs section, it will give you an idea of what you need to do, and also read through other case studies, of others going through the same thing.I wish you luck with your claim.There is nothing to be scared about.There are many people on this site, who would willingly give you advice, you are among friends.

[jas2006]

hi cleopatra

i have no idea how to use this forum never used one before, so sorry in advance if im doing something wrong here.

just wondered how you was getting on with your claim?

i have just got 4years 4 months statements back comes to total of over £5000 with out interest, im not sure what to do next

thanks jas2006:confused:

[CLEOPATRA]

Hi Jas,

Nationwide have 1 more day, before the Letter Before Action runs out. I will be making a case with money claim against them on Tuesday. Look in the library section, and it gives you the letters to send to your bank, but its best to read the FAQs as they tell you how to do things step by step. You will also find the addresses to send them too. First you need to send preliminary letter for payment of charges.

[jas2006]

can any one help,

should i put in my first claim letter that i am happy for them to use part of money owed to me to pay of my overdraft?

thanks jas2006:confused:

[Guest Lueeze]

As i said before, START YOUR OWN THREAD!

 

You must read the FAQ's 1st then take some time to understand the process, or you will just keep asking questions that are already answered on here! I understand you are new, but so are a lot of users, so please listen when we tell you to do this.

 

Louise

[CLEOPATRA]

Hello everyone, just to update. After having sent the LBA, the 14 days have run out today, and have had no word. So called my local court, to ask about fees, as i might be exempt, whih luckily i am.They were very helpful indeed, and are sending me information and forms to start my claim against Nationwide, so once recieved they will be filled in and sent to the court.The battle begins! As a last thought, i have already made a list of my charges, and have worked out the 8% interest, for each charge, taking it from the day it was levied, to my acount, to the present date. Can anyone tell me, if this is correct.And can i take this interest to the day of the court case, instead of from the dates i have taken it to?

[Guest Lueeze]

oooh good luck then! You'll be fine!

 

Louise xxx

[jas2006]

got reply to my first letter,that was quick they would have only got it yesterday.

more or less telling me whwre to go and its all my own fault, also they would like me to be aware they have not charged me for duplicate statements i requested,

the last line says they will not refund any of the charges made to my account.

[CLEOPATRA]

Hello all,

got my forms from the court court today, and leaflet about making claims, and court fees. Having read the leaflet about making a claim, i am somewhat confused about working out the interest, and wondering if i have done it incorrectly. It says to work out daily rate by doing the following 0.00022 x the amount of your claim.Then work out amount of interest owed up to date you issue the claim.By counting how many days have passed since the money became owed to you, and multiply that number by the daily rate e.g. £1,000 rate of interest would be 0.00022 x 1,000 = 0.22 x how many days passed. So say 50 days x0.22 = 11.This i understand, but i took each charge, from the day it was taken, and worked out the 8% interest on it, to present day! Have i got my wires crossed! Is the 8% something else? Would appreciate any advice that will clarifies this for me.Thanks.

[Guest Lueeze]

You have done it right. 8% can only be claimed at court stage, whereas the other interest we discuss here reffers to overdraft interest and the like...

 

PM me if your still struggling! You will be fine. Have you tried the spreadsheets?

 

Louise

[CLEOPATRA]

Thanks for that.I tried downloading the spreadsheets but cant open them, also tried downloading Open office, but had problems with it! So am i correct in thinking, that i take each charge, from the day it was taken and multiply it by the daily rate for number of days till date of claim, to get interest charge on charges.Then work out the 8% afterwards when it goes to court? Would i then just multiply the total charges plus daily interest rate amount by 8%, or would i have to work each payment plus daily interest rate, by 8% from day taken to date of claim? Sorry was always hopeless at maths!!