Tom vs Nationwide

[Tom-Rallye]

Hi.

 

I hold a FlexAccount with Nationwide, and about 6-12 months ago I incurred some charges (6) for Bounced Direct Debits.

 

I saw a programme on BBC2 about how to reclaim the charges and went onto the BBC website and using their template: http://news.bbc.co.uk/1/shared/bsp/h...bank_14day.pdf

 

Nationwide have replied to my letter, to summarise:

 

We are aware that 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.

 

If we have to return a payment then we will make a charge in accordance with the terms and conditions. Enclosed is a tariff leaflet, which was available when you signed in acceptance whilst signing the application forms.

 

Nationwide is open about its charges, and members are pre-notified before the charge is debited. We hope you can abice by our terms and conditions, if not then regrettably it may be appropriate for you to consider alternative banking arrangements.

 

I am unable to refund any charges on your account, if you have any questions, please call me on 01793 712507.

 

I must make you aware The Nationwide Group uses the Financial Services Authority rules when dealing with customers' concerns. I've enclsoed a leaflet that explains our Internal Complaints Procedure should you not be happy with my reply.

 

Signed - Sam Phipps

Customer Care Manager

 

Then there is a section: What should 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 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 to it for you. If you decide to go ahead with this option please contact me.

 

2. If you are still not satisfied, you may approach the Financial Ombudsman Serice for an impartial, independant assessment of the situation.

 

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

 

 

---------------

 

I used the BBC's first step, but I'd rather use this forum because of the help available to me!

 

Where should I go from here? The BBC letter Template stated:

 

"I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs."

 

Nationwide's reply didn't even mention the Courts. Should I send a letter now threatening court action, or should I look into starting the court action itself?

 

Because they have given me 2 possible alternatives to resolving the problem: 1. Member Service Department. 2. Financial Ombudsman Service, does this mean I have to follow one of those two routes?

 

Thanks.

[c_allen]

yep lba now stick with your own timetable

[Tom-Rallye]

What does LBA stand for? Letter Before Action?

 

In the BBC's letter it did state about court action, but I'd rather send them another letter first.

 

Do I need to enclose all of my charges for the second letter? I sent them with the first one.

[c_allen]

the system is-

1 prelim

2 lba

3 court claim

and yes you do need to send a list of charges.

[c_allen]

the system is-

1 prelim

2 lba

3 court claim

and yes you do need to send a list of charges.

[Tom-Rallye]

Even though I already have?

[c_allen]

oops sorry about the double post. we sent a list with every letter and the claim form, better to be safe than sorry.

[Tom-Rallye]

Okie!

 

Where can I find a template for an Letter Before Action that will be a suitable follow up to the first BBC letter?

 

Thanks

 

(I didnt find this site until after I sent the BBC letter)

[Garu]

Or stick to your plan, in as far as you gave them 14days before court, so sending another letter may give the impression you don't want to go to court and they will just fob you off?

 

I would say you made a "threat" and now would carry that action out, in effect your letter *was* an LBA.

[Tom-Rallye]

I don't want to go to court!

 

I think I'll send the LBA, and alsomention that I'm a member of this forum where hundreds of people have claimed and won, and that they'd save themselves £80 by settling now, before court.

[Garu]

Whilst paying up before court claim submitted would make common (and financial!) sense, Nationwide always seem (reading through threads here) to wait until the claim is submitted before paying out.