Claim against Nationwide

[kitkat35]

I have now sent my LBA to Nationwide and am counting down the days. I wondered if somebody could please help me with a query I have regarding the actual court claim. My claim unfortunately is going to be slightly over £5,000 with the 8% interest added. I therefore want to keep it within the £5,000 boundary. What I would like to know does my claim for the Court fee have to be included in the £5,000 or is that not taken into account when calculating the claim? Also as my claim will be only about £20 over the £5,000 mark should I just remove a couple of charges so that it stays below this level? Any advice would be appreciated.

[MilkTrayMan]

Hi kitkat35,

 

It is my understanding that the £5,000 threshold for the Small Claims Court is BEFORE the s69 Statutory Interest @ 8% is added, as this is applied by the Court.

 

Had U considered using Daily Compounded Contractual % Interest though?

 

The figure to claim back, that U would have probably arrived at, would have been more than your current final figure

(Charges and associated interest + interest @ 24.9% compounded daily from date of debit. Vs Charges + s69 Statutory Interest @ 8%)

 

This would have made your quandry about the £5,000 threshold slightly more clear cut and worth new considerations of proceeding either by splitting your claim; claiming for the whole amount via the Fast Track as normal; or via the Fast Track under the Small Claims proceedures and with the Courts permission.

(...I believe that I have seen on here someone elses thread who has managed to Claim for more than £5000 that way?)

 

It's YOUR money at the end of the day kitkat35.

It all depends on how quickly U want some/all of it back?

...and whether or not U are prepared to want to go to the lengths that we are unfortunately all having to go to to get it returned to us?

 

Hope this goes some way to help U and doesn't confuse U more?

[kitkat35]

Thanks MilkTrayMan that does help. My total charges are £4200 but I was not too clear on whether the £5000 threshold included interest and court fees or whether that was in addition. I will probably just opt for statutory interest to be honest I would be happy just to have the charges refunded.

[Allyxia]

Hello and Welcome

 

Congratulations for posting in the correct forum, here you will have other “experts” who know how that particular this bank reacts.

 

I have just finished my claim with this bank, but I decided to stick around to see if I help others like you who are just starting out with their claim to see if I can share anything to make your journey through this claim a bit better!!!

 

Remember the banks have acted unlawful you haven’t!!!

 

 

Well done for reading the FAQs and continue to read as many threads as possible as there is a wealth of information on here!!

 

 

Remember its important to open a parachute account, especially if the charges are spiralling out of control and you have little or no money left, at the end of each month.

 

 

If your account goes into a negative balance after you have transferred your banking, send them this notice to prevent them taking any further action.

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

If you get stuck have a look (by searching) to see if your question has already been asked by reading other people threads, if you are still not sure either post your question in your own thread or PM me to attract my attention and I will be happy to help you by answering on your thread.

 

 

Also look for another newbie claiming against the same bank as you, that way you can do your claim together and support each other as the post drops through the door!!

 

 

Sometimes the banks act awfully and you can get very stressed out by it all. But stick to your guns - you are in the right - they are not. Don’t let them put you off, that’s what they want to do!

 

 

Hope this helps

 

 

Good Luck

[MilkTrayMan]

Hi again kitkat35,

 

The following links may be of further help to U?:

 

Making a Claim

 

http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html?highlight=why+is+no+one+claiming

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/45570-help-needed-anyone-claiming.html?highlight=claiming+more+than+%A35000

 

Am sure Allyxia will take U under her wing and help U out with any specific questions that U have.

 

She has already been around-the-block and got the T-Shirt!...lol...

[kitkat35]

I have sent my LBA to Nationwide and it was signed for on 15th December 2006. Fourteen days are up today and no reply. Just wondered if I should allow extra days due to Christmas closure. In the meantime I have been preparing my money claim. Can anyone advise please regarding schedule of charges. I cannot see any way of attaching them to the Particulars of Claim if I file online. Am I right in thinking that this has to be sent separately by letter to Northampton. Any help would be appreciated.

[Allyxia]

Although I didnt do my claim online (for this reason) yes send a copy to the court and also Nationwide as well!

 

As for the extra days yes I would give them an extra 3 days to cover the banks and then some for the xmas post etc etc!!

 

Good Luck.

[kitkat35]

Thanks Allyxia - I thought that was the case.

[KenSpe]

Hi Kitkat35 (or anyone who can help),

 

I filed my online claim (£3200 + 8% interest) yesterday and was wondering about how the courts would receive my schedule of charges? Which court address should I post this to? (I sent an updated and complete set of charges to Nationwide by recorded delivery today).

 

many thanks

 

KenSpe

[kitkat35]

Hi Ken

 

I've copied below what I understand is to be the procedure but I see that you have been answered on your own thread. Good luck with your claim.

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely

[kitkat35]

I am claiming on a joint account and wondered whether I should include that in my Particulars of Claim where it says "The claimant has as account". As only an individual can institute proceedings should I mention that I make the claim on behalf of both parties? Any advice would be appreciated.

[Allyxia]

Ive done dozens of claims in joint names now and just handled them all by myself as they were either/or account. The only time reference was made to OH was on the top of the sch of charges under account name I put both.

 

Hope that helps you!

[kitkat35]

Thanks Allyxia. That does help. Just trying to get things clear in my mind - you think you have got it all straight and then you suddenly think of something else!

[Allyxia]

I know but like I keep saying it better to ask a thousand times and get it right then not to ask and get it wrong!!!!

 

Really i dont mind being asked and if I dont answer you straight away just send me a PM to draw my attention back to your thread as I check for Pm throughout the day.

 

Any queries you have will be answered on thread for you then!

[kitkat35]

Filed MCOL on 2/1/07. Received acknowledgement from Nationwide stating they intend to defend.

[Allyxia]

And guess what their defence will be..........

 

Their defence is "we have settled the full amount"

 

So I would expect a cheque through the mail any day shortly or they will pay it directly into your account if you have a live account!!

 

Oh Happy days

[kitkat35]

Partial success - credit made into account yesterday but short by £1500 of what I claimed. Just wondered what would be the best next step in recouping the balance or is it just a waiting game?

[Allyxia]

There is a part settlement offer letter:-

 

Dnt forget to edit to suit you:-

 

 

Response to settlement . In relation to Nationwide Account Number

I notice on checking my account a deposit has been made for the amount £XXXXX on behalf on yourselves.

 

I can only assume that this amount is in relation to the on going litigation in respect to the unlawful charges you have leived on my account total amount £XXXXX. Please note I accept your offer of £1500, as partial settlement of my claim, on the understanding that I will pursue the remainder through the court. I am confident that should this matter proceed to a hearing I will win, unconditionally.

 

 

To clarify, I will consider the claim to be settled in full, £ and will inform the courts accordingly when I receive payment of the full amount on the claim including costs, £ and interest £. At today’s date this is £ and is continuing to attract interest at a daily rate of £0.00022.

 

 

 

I look forward to your prompt response in settling this claim.

 

Yours

 

 

Kit Kat

 

Feel free to amend it to sound better!!!!

[kitkat35]

Nationwide have partially paid up but have defended balance of £718 stating that this is due to charges previously refunded. I did not include any charges in my claim that had already been refunded and they have not indicated which charges they refer to. I have informed the court that I wish to proceed with claim and have today received an allocation questionaire. Just wondered if anybody else has had to submit this or whether Nationwide finally paid up before getting that far.

[KenSpe]

KitKat35,

 

Sounds similar to my situation. Nationwide are defending £909 in unpaid charges that I have claimed (which is incidentally 25% of my total claim). I asked to proceed and I received papers from Northampton County Court stating that the matter will transfer to my local county court. I intend to pursue the matter and require advice. I have as yet not sent the Nationwide a letter as suggested earlier by Allyxia.