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    • Just received the defence response from Evri. I'm surprised they are saying they don't have the parcel details etc, I've kept copies of emails and their responses where the parcel ID is mentioned. Regards, J 502MC299-claim-response.pdf502MC299-claim-response.pdf
    • i think you mean applicant not claimant above? section 127(3). readme HSBC/DG Claimform - old Credit Card Debt - Financial Legal Issues - Consumer Action Group  
    • Hi Lolerz Thanks for replying to me, yes I've been ignoring her & will continue to do so. All she keeps saying is they want to come up with an amicable settlement. Keeps saying this to our receptionist she shouldn't be saying this to a receptionist or even me in the first place as they have given no proof of anything no IP addresses noting just keeps saying about an amicable settlement.
    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
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Starting My Claim


In debted
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at the bottom of one of the posts.

 

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Hi All,

I'm new to the site (last night) and have so far downloaded and marked up all of my bank statements for the last 2+ years.

I'm getting ready to send my letter this evening.

Does anyone have any comments before I do ?

Thanks,

In debted...:)

 

I have now read up on what I need to do - Can anyone confirm the following:

 

Stage 1 - Open http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

Stage 2 - Fill out the letter, inserting my personal details and Insert the amount plus the Interest amount and then total it.

Stage 3 - Send the letter

 

Question: Am I missing something it seems so simple... HELP

 

 

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Hello "In debted",

 

Can only advise U to read, re-read and then read again lots and lots and lots of others threads (...not only Nationwide's!).

 

There are many issues for U to consider:

 

Compound Contractual Interest at unauthorised vs authorised rate.

Simple Contractual Interest at unauthorised vs authorised rate.

Interest on Interest Charged.

S69 Interest @ 8%.

No Interest at all (...although they will have charged U!)

Claims for more than 6yrs.

Spliting your claim for Multi-Applications (...especially if in Scotland!)

to bring U within the scope of the Small Claims threshold.

Getting statements from more than 3yrs ago...etc etc

 

For each potential claimant there will be a different senario.

 

I, myself, am looking for confirmation for which is the best address to send my own S.A.R. to, as lots of others have sent theirs to different ones.

 

Best of luck!

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Hi MTM,

Thanks for taking the time to write back. I'm with Nationwide and have gone through on line statements dating back to September 2004.

I found a total of £1173.50 plus interest of £337.49 giving a total of £1510.99.

I sent my letter recorded delivery to Nationwide House, Pipers way, Swindon SN38 1NW.

Just counting down the 14 days.

I'm currently sitting with a £3000 overdraft so depending on how they respond I will either go back for a further (6 years) or settle for the claimed amount.

Good luck with your claim.

All the best

Mike...:)

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Hi ID,

 

Only my opinion mind...But in your case I think that I would send off a S.A.R. for ALL your previous years charge details. Then once got, add to your current charges and using either one of Vampiress's or Mindzai's Spreadsheets, work out Daily Compounded Contractual Interest to get back what is rightly yours...your prerogative of course!

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Hi ID, you haven't included the 8% interest in your prelim letter have you? Also, if you finish this claim I'm fairly sure you can start another claim for the rest of your backdated statements though would probably be best to just do one claim. Just my opinion.

Nationwide

13/10/06 - S.A.R - (Subject Access Request) sent

01/11/06 - Statements received

02/11/06 - Prelim letter sent

11/11/06 - Standard response to prelim

14/11/06 - LBA sent

17/11/06 - Standard response to LBA

04/12/06 - MCOL Issued

06/12/06 - MCOL Acknowledged

07/12/06 - Paid (almost in full)

 

HSBC

14/10/06 - S.A.R - (Subject Access Request) sent

25/10/06 - Statements received

02/11/06 - Prelim letter sent

23/11/06 - LBA sent

31/01/07 - MCOL Issued (finally!!)

07/02/07 - MCOL Acknowledged

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Are you talking about the 8% interest as on the spreadsheets, or interest charges on the account?

Nationwide

13/10/06 - S.A.R - (Subject Access Request) sent

01/11/06 - Statements received

02/11/06 - Prelim letter sent

11/11/06 - Standard response to prelim

14/11/06 - LBA sent

17/11/06 - Standard response to LBA

04/12/06 - MCOL Issued

06/12/06 - MCOL Acknowledged

07/12/06 - Paid (almost in full)

 

HSBC

14/10/06 - S.A.R - (Subject Access Request) sent

25/10/06 - Statements received

02/11/06 - Prelim letter sent

23/11/06 - LBA sent

31/01/07 - MCOL Issued (finally!!)

07/02/07 - MCOL Acknowledged

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Hi Kirsty,

 

Just spent an hour typing with one finger something really long in reply to your last post to clarify...was timed out on here...and the whole thing got deleted when I logged back in!!!...:(

 

To sumarise...U can either charge your own interest rate % or wait until U file your Court Claim and claim S69 Statutory Interest @ 8%...BUT NOT BOTH!...is my understanding of things.

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I see, so how do you work out your own interest rate?

Nationwide

13/10/06 - S.A.R - (Subject Access Request) sent

01/11/06 - Statements received

02/11/06 - Prelim letter sent

11/11/06 - Standard response to prelim

14/11/06 - LBA sent

17/11/06 - Standard response to LBA

04/12/06 - MCOL Issued

06/12/06 - MCOL Acknowledged

07/12/06 - Paid (almost in full)

 

HSBC

14/10/06 - S.A.R - (Subject Access Request) sent

25/10/06 - Statements received

02/11/06 - Prelim letter sent

23/11/06 - LBA sent

31/01/07 - MCOL Issued (finally!!)

07/02/07 - MCOL Acknowledged

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Hi Kirsty,

 

READ READ and Re-READ other more capable people's threads...lol

 

The gist of what interest that U would charge the Bank would be the same % rate that the Bank would charge U if U had borrowed its money without its permission...i.e. @ the Banks Unauthorised O/D % Rate.

(Contract Law says that a contract has to be fair and equal to both parties...I'm lead to believe)

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...which in Nationwide's case was 24.9% the last time I looked on its website!

 

As U can see...It's alot more than the S69 Statutory Rate of 8%

So for someone claiming significant charges from a few years back it can make a HUGE difference!!!

 

I think that quite a few people have had successful claim payouts already by using Daily Compounded Contractual Interest % Rate.

 

The S69 Statutory Interest Rate of 8% is what the Court would apply to a winning claim if asked to do so by the Claimant.

 

But as the Banks are rarely, if at all, contesting claims, it does no harm to claim the former rate, with the later as in the alternative for the court to consider if the Bank actually contested the use of Daily Compounded Contractual Interest.

 

The Court will ONLY give the Claimant what he/she claims for, if it is put down on the forms for the Court to consider!!!

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So how do you find out what a banks rate is? I have a claim against HSBC and would LOVE to claim extra interest!

Nationwide

13/10/06 - S.A.R - (Subject Access Request) sent

01/11/06 - Statements received

02/11/06 - Prelim letter sent

11/11/06 - Standard response to prelim

14/11/06 - LBA sent

17/11/06 - Standard response to LBA

04/12/06 - MCOL Issued

06/12/06 - MCOL Acknowledged

07/12/06 - Paid (almost in full)

 

HSBC

14/10/06 - S.A.R - (Subject Access Request) sent

25/10/06 - Statements received

02/11/06 - Prelim letter sent

23/11/06 - LBA sent

31/01/07 - MCOL Issued (finally!!)

07/02/07 - MCOL Acknowledged

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Sorry In debted we seem to have taken over your thread!

Nationwide

13/10/06 - S.A.R - (Subject Access Request) sent

01/11/06 - Statements received

02/11/06 - Prelim letter sent

11/11/06 - Standard response to prelim

14/11/06 - LBA sent

17/11/06 - Standard response to LBA

04/12/06 - MCOL Issued

06/12/06 - MCOL Acknowledged

07/12/06 - Paid (almost in full)

 

HSBC

14/10/06 - S.A.R - (Subject Access Request) sent

25/10/06 - Statements received

02/11/06 - Prelim letter sent

23/11/06 - LBA sent

31/01/07 - MCOL Issued (finally!!)

07/02/07 - MCOL Acknowledged

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  • 2 weeks later...

Hi Guys,

Thanks for taking over my thread... lol

Today I received a letter from the nationwide which reads:

Thank you for contacting us on 05 December 20{about charges incurred on your flex account.

We appreciate the time you've taken to get in touch with us about this issue, and are grateful for the opportunity to explain the rationale behind our charging policy. We are aware there has been a lot of speculation about fees and charges in the media and that the Office of Fair Trading has issued a directive regarding credit cards.

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 out `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. We hope that you will feel that you can abide by the terms and conditions of the account but if you cannot, then regrettably it may be appropriate. for you to consider alternative banking arrangements.

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 have any further queries don't hesitate to call me. My contact number is 01793 712603

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

Richard Huntley

Customer Service 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 inay 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.

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

if vou don't come back to us within the next. aG days, I will close our file.

Its my guess that they are not going to play ball, what should I do now?

Any (sound, lol) advice appreciated.

Thanks,

In debted

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That's a standard letter. Just continue with the next letter once the 14 days have passed.

Nationwide

13/10/06 - S.A.R - (Subject Access Request) sent

01/11/06 - Statements received

02/11/06 - Prelim letter sent

11/11/06 - Standard response to prelim

14/11/06 - LBA sent

17/11/06 - Standard response to LBA

04/12/06 - MCOL Issued

06/12/06 - MCOL Acknowledged

07/12/06 - Paid (almost in full)

 

HSBC

14/10/06 - S.A.R - (Subject Access Request) sent

25/10/06 - Statements received

02/11/06 - Prelim letter sent

23/11/06 - LBA sent

31/01/07 - MCOL Issued (finally!!)

07/02/07 - MCOL Acknowledged

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