Started the Process

[BikerPaul]

Well, I sent the DPA letter to Nationwide today, and also send a polite email to Charles Bacon asking him to undertake not to close my accounts if I did end up suing, since I've been a Nationwide member since 3 months old, so 35 years now.

 

He responded saying "How much do you think we owe you, and what's your account number"

 

Yeah, like I'm really going to give him that before the formal approach...

 

I've said that if I do have to go to court, I'll seek a determination of the contract both in terms of charges and NBS rights to close my account - sound fair?

[eeloojon]

Bah in the last week I have sent 2 emails to Charles Bacon and have had no reply!!

 

How long did it take him to get back to you and what email address did he use?

 

Oh and good luck you sound like you know what your doing!

[coffindodger]

 

He responded saying "How much do you think we owe you, and what's your account number"

 

Yeah, like I'm really going to give him that before the formal approach...

 

 

It may be that he wantas to give you your money back. He did with me.

Brian

[eeloojon]

 

He responded saying "How much do you think we owe you, and what's your account number"

 

Yeah, like I'm really going to give him that before the formal approach...

 

 

It may be that he wantas to give you your money back. He did with me.

Brian

 

Uh why wont he reply to meeee. I havent even had a reply to a secure message after the 5 days they say the respond within!

 

I think they hate me!

[BikerPaul]

DPA request acknowledged by Online Banking. Now we wait...

[BikerPaul]

DPA ack letter arrived on 12 May, saying "fill in this form"

 

 

I wrote back saying "request in writing, you have xxx days left."

 

 

They didn't acknowledge that, but today apparently 4 kilos of stuff arrived from the Nationwide by courier. No "manual interventions" recorded....

 

Good job I have an auto-feed scanner. I do have a busy weekend ahead though.

 

And claim now made for a shade short of £1000

[BikerPaul]

Would anyone who had made a Subject Access Request to Nationwide since 5 April, and either not paid £10 or had it returned, please PM me. I want to have these bar stewards at the AGM, for lying to members.

[Dave Johnson]

... I want to have these bar stewards at the AGM,...

I'll join you at the AGM. Sounds like fun.

Dave

[joneshousehold]

I think we must be members too as we hold a few accounts with Nationwide. Do you know when and where? Can you reveal what you mean about lying to members?

[BikerPaul]

Money drawn on 9th May, info with me on 19th

[BikerPaul]

I asked Susan Taylor why I had been charged £10 when other members hadn't.

 

She said that they have been charging £10 since 6 April 2006. Has anyone who has a flex account made a DPA letter request since then and not had to pay for it please? If so, please PM me, as I need ammunition to prove that the society is wilfully deceiving its members.

[insomniac]

Hi Paul,

 

I sent my letter recently (10th May) and sent the cheque for £10 expecting it to come back as I had read but no, they processed it and its come out my account.

 

Not that im worried, it was only a matter of time they started charging its away for them to make more money and also recoup some of the money they have had to shell out for claims.

 

Im still waiting for my stuff though, how long did yours take?

[BikerPaul]

Well, this is what I;ve said to Charles Bacon, as well as the standard letter, he got this email:

 

Dear Mr Bacon

I have now assessed the charges on my accounts over the last 6 years, and I note they amount to some £970.

It is my intention to reclaim these charges, However, I note that as well as Gary Clay, you have arbitrarily closed several other accounts, giving as reason "failure to comply with terms and conditions" and specifically citing non-payment of contractual charges.

I have to inform you that I will be writing to you today to reclaim the unlawful charges applied to my accounts, and as a member, I am shocked and disgusted that the Nationwide could act in such an unlawful and unfair manner. Clearly it is not in the benefit of the members for the society to carry on unlawful acts.

This email therefore serves to notify you that if you make any attempt to change the status of my membership of the society as a result of my recovery action, I will immediately and without notice, seek declaratory relief and ask the court to determine the terms and conditions applying not only to my Flexaccounts, but also to my membership and the terms regarding assignment of conversion benefits.

For the avoidance of doubt, I consider the punitive elements of the terms and conditions to be unlawful by way of common law, the Unfair Terms in Consumer Contracts Regulations 1999 and specifically unfair as detailed by the Office of Fair Trading.

As a result I intend to make complaint to the OFT that Nationwide Building Society is not a fit and proper person, as they are operating their consumer credit business in a manner which breaches UK Law. If you do not understand the meaning of this, may I suggest you take legal advice.

Clearly this will significantly impact Nationwide's ability to operate. May I suggest, as a member of the society, that complying with the law and reducing charges to the level of "actual damages for breach" is a required action?

I intend to raise this matter at the next AGM.

Sincerely

BikerPaul

I believe the excrement is going to hit the Air Con Unit!

[BikerPaul]

Received 2 letters from Nationwide today - one for each account (I only sent one preliminary letter covering both accounts)

 

No surprise to find that they were both "sod off" letters....

 

Interestingly, they were dated 30 May, but didn't arrive till today. Probably because they were franked 5/6/06. In the meantime I sent my LBA on 2 June saying "You haven't had the courtesy to acknowledge my letter, now give me back my fscking money" in my best Bob Geldof voice.

 

Ah well, I can see a claim coming in.

[BikerPaul]

Time to poke the bear...

 

Dear Mr Bacon

 

FINAL OPPORTUNITY TO RESOLVE.

 

Further to my letter before action of 1 June 2006, this email gives you a

FINAL OPPORTUNITY to avoid court action in regard to unlawfully drawn fees

on my current accounts xyz and zyx.

 

The sums accrued, including my costs of recovey to date, amount to £977.93.

In the event that I am forced to issue proceedings, I would be seeking an

amount, including interest charged on any unauthorised overdraft caused

solely by your charges, statutory interest and costs of some £1418.32 on

that date, plus interest accruing at 31p per day to the date of settlement

or judgement. I would also, as previously stated, seek a determination of

the terms and conditions by declaratory relief.

 

As you can see, issuing proceedings will result in an increase in the sum

claimed of over 40%, and will cause Nationwide to incur significant further

costs should you choose to defende the case. If you choose not to defend, I

will ask the judge to award further exemplary damages for your

unreasonableness in not seeking to resolve this without court action

becoming necessary.

 

I therefore invite you to resolve this matter forthwith by crediting my

account zyx with the sum of £977.93, and providing a binding

undertaking in writing that you will not seek to close my or my partner's and

childrens' accounts as a retaliation for enforcing my legal rights.

 

Should you fail to conclude this matter by close of business on 14 June by

complying with this request, I will, without any further notice, issue

proceedings against you in the Stoke Barehills County Court, for the full sum,

interest, charges and a declaration from the court as to the lawfulness of

your actions. I will also, at that stage, bring this matter into the public

eye.

 

I therefore look forward to your remittance forthwith.

 

Yours sincerely

 

BikerPaul

 

Lets see what happens next, since I've given them every reasonable opportunity to resolve ths now...

[BikerPaul]

And the answer is...

 

I posted a claim for £1400 to the 'Stoke Barehills' County Court this morning. Enclosed was a cheque for £120 drawn on the Nationwide account in question ;-)

 

I've asked for a declaration from the court that the penalty clauses are unlawful, but also that the term allowing them to close the account without cause is ALSO unlawful as it is unfair.

 

Wonder how Nationwide will defend that one...?

 

Any press on here are welcome to PM me for contact details, and an explanation of how the money is going to help my disabled partner train as a Sign Language Interpreter. So all for a good cause now...

[BikerPaul]

And today received a "we are investigationg your complaint and have 8 weeks to do so" letter from NBS.

 

How unfortunate. Shall I suspend my claim for 8 weeks while they investigate.

 

Gee, let me think

 

 

 

 

NO!

[sharmal]

I am watching your thread now with great interest as they have ealready defaulted two of my accounts with them, practically in the same week as getting my letter for refund of charges.

[dolly]

Paul, I am surprised that they haven't settled by now with you. I take it you have checked your account to see that it hasn't just gone in...mine did about a week before I got a letter from them.

[BikerPaul]

Paul, I am surprised that they haven't settled by now with you. I take it you have checked your account to see that it hasn't just gone in...mine did about a week before I got a letter from them.

 

It hasn't - we've had a letter implying that if we pursue it our accounts will be closed.

[Bookworm]

(Claim stayed pending representations to move to Mercantile Court)

 

Paul, there's nothing in your thread about that, can you give us some details, pls?

[BikerPaul]

I'd rather not yet, suffice it to say that I've sought several things in court.

 

1) Money back

2) Determination of terms allowing fees

3) Determination of terms allowing closure of account without cause

4) Interlocutory injunctions preventing them from discussion or disclosing without priviledge, includingo to staff

5) disclosure of fees, with power of sanction and punitive damages if they settle first.

 

Obviously I have to approach this with clean hands... so can't really discuss what's going on since I've asked the court to order them not to.

[Bookworm]

I understand that. My concern is the stay. Did you request it? Or was it decided by the court?

 

The only reason for asking at this point is, as you may know, we had some cases on here that were stayed pending a so-called "test case" in Mercantile court, in which the bank settled before it got there. Sadly, we now have a few users in here who are a bit rattled, and this is why I'd like to be able to reassure them.

[BikerPaul]

Stayed by consent for 1 month as part of the Allocation...

 

Unlikely to be used as an example or a precedent, as the argument isn't the money or the legality of the charges but the injunctions preventing them from acting in the normal course of business to terminate accounts as they see fit.

[Bookworm]

Cool. Thanks for that.