Dollypops V Nationwide

[dollypops]

Hi guys n gals,

 

On 8th December i sent Nationwide the Pre-lim letter requesting return of charges, which i got from the templates library.

 

Today 21st December i got the standard response that their charges were "clear and transparent" through, if i am following this site correctly is it now i send off a Letter Before Action to them along with another schedule of charges, and when do i pop the 8% interest on top?

 

All help much appreciated.

Thanks in advance

 

 

RBoS - SAR Sent 8th Dec

- 13th Dec Chased up in branch

 

Nationwide - Pre Lim Sent 8th Dec

- Sod Off Letter Recd 21st Dec

 

Capquest - CCA Req Sent 8th Dec

- DOA Recd 15th Dec

 

eBay Seller - Small Claim Issued 19th Dec

[dollypops]

Hello again,

 

Its ok, having had a quick check through other posts, iv now done the LBA and will get it sent off tomorrow.

 

thanks

dollypops

[MilkTrayMan]

Hi dollypops!

Have U looked at using the Daily Compounded Contractual % Interest Rate (24.9%) instead of the s69 Statutory Interest Rate @ 8%???

It could work out that U may be able to re-claim alot more?!

Here's a link to a spreadsheet by Mindzai for U to use.

(...complete with user friendly instructions!)

 

http://www.consumeractiongroup.co.uk/forum/general/51736-excel-contractual-interest-spreadsheet.html

[dollypops]

Hi there

 

Thanks for that link, popped all my charges in and it only adds a further £20 so i will just stick with the 8%. though i deffo be using the contractural rate when i get my teeth into the RBoS as thats going to be a biggie

[dollypops]

Hi guys

 

Getting my court papers ready against the nationwide, could any of you tell me if the following is ok for my particulars of claim.

 

Also went into the branch today to close the account and they said i have a further £60 of charges to be applied to the account in the next 30days, should i just add them onto the total im claiming on the court papers, or do i have to chase them seperatly ?

 

many thanks

 

PARTICULARS OF CLAIM

 

1. The pursuer has a Flexaccount (“the Account”) with the Defendant which was opened on or around March 2004.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Pursuer and also charges interest on the charges once applied. The Pursuer understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the pursuer.

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

4. The Pursuer 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 Pursuer; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractural term in respect of such charges with a view to profit.

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

5. The Pursuer being entitled to reimbursement of the Defenders charges, decree as craved should be granted with expenses.

6 The Defender operates from 116 King Street, Kilmarnock. The Pursuer resides at XXXXXXXX, Kilmarnock and has been domiciled there for one year immediately preceding this action. The pursuer entered into a consumer contract with the Defender. This court accordingly has jurisdiction.

 

(Civil Judgement and Jurisdiction Act 1982, Section 41 and Schedule 8 Rule 3)

[dollypops]

Well Well Well . . .

 

Got a reply to my LBA back today.

 

Basically says We are very sorry your still unhappy but tough

 

Will be going down to the court with the forms on monday.

 

Here We Go.

 

Wish Me Luck, as knowing my luck i will end up in court and the bank will win

 

Dolly

[dollypops]

Hi guys

 

I have two charges due to come off this account, totalling £60, i really cant afford the money this month after having to pay a few hundred quid to get the car through its MOT, and the account has been lying unused since xmas, have already switched to another bank.

 

As you know i am pursing nationwide for all the previous charges they have levied, is there anyway i can go into the branch and speak to the manager or give her a letter, informing her that i am putting the account into dispute, and that these charges should not be applied to the account, or should i just let them go ahead and add them, and deal with the fallout later ?

Don't want to end up with a default and the hassle of getting them to remove it later.

 

Thanks