EndOfMyTether vs Nationwide

[EndOfMyTether]

Well, here goes. I've got my postal order and printed my S.A.R - (Subject Access Request) letter which I will take to the post office tomorrow.

 

40 day countdown begins when they get the letter and it'll be interesting to get their response. I dread to think how much money they took from me in charges over the last few years but I'm willing to lay odds that it was a pretty hefty amount.

 

I'm looking forward to having something to donate to the site when I get my money back!

[lilmiss]

good luck, im just waiting on a fob off from them as ive sent the pre lim letter so im abit head of you, at the moment.

[stan5131]

Best of luck to you. Keep us posted.

[eggopp]

I sent my SAR today complete with postal order for a tenner... Also did this with Halifax and had an offer with them that ive refused. Lets hope it doesnt take the full 40 days to get statements etc.. was 2 weeks with halifax, and they moved quickly on.. Fingers crossed for you and myself.. the money will always be more than welcome

[EndOfMyTether]

Well, my letter was delivered to them on the 9th so I guess I am looking at a deadline of the 20th of Feb...

[lilmiss]

got a standard bog off lol lbs sent end of last week so another 14 days wait, ohhhhhhhhhhh its getting closer!lol

[EndOfMyTether]

OK, so they sent an acknowledgment of my request on the 12th Jan and then the special delivery package with copy statements arrived on the 24th Jan BUT even though I put the account numbers for both Flexaccount and Visa Card on my S.A.R - (Subject Access Request) letter, now I've gone through the papers they sent, they've only sent copy statements for my Flexaccount.

 

Should I write back to them telling them that as far as I am concerned they have not complied with my request and that the original deadline of Feb 20th still applies and that they have to get the Visa statements to me before then?

[eggopp]

perhaps you need to ask an admin person, but personally if they didnt send all the info id phone and ask them to read there the letter i sent them properly... But then im dead stroppy with banks lol

[mahharg]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html.

 

Found this hope it helps.

[EndOfMyTether]

Before I saw the templates link (thanks for that) I had already written and printed this letter and hope it's ok. It seems to have the necessary wording:

 

Thank you for your letter dated 23d January 2007 which was sent to accompany the copies of statements relating to my FlexAccount.

 

However, in my original Data Protection Act Subject Access Request (copy enclosed) I asked for ALL information relating to both my FlexAccount and Classic Visa accounts. The account numbers for these are repeated above.

 

Since you have not supplied any information relating to the Classic Visa, I do not consider that you have complied with my Subject Access Request and, as far as I am concerned, the original deadline date for compliance of 40 days from when you received the request still applies. I have a copy of the Royal Mail proof of delivery for my request that shows it was delivered on the 9th January and this means that you now have until the 20th February to supply me with the remaining information that I requested and sent payment for.

[MilkTrayMan]

Hi EndOfMyTether!

Your own draft seems to mention most of the salient points.

However U might also want to add that if Nationwide fails to comply with your original S.A.R., they will have contravened the DPA and, as such, U will be reporting them to the Information Commissioner if needs be!

Hope this has helped?!

[EndOfMyTether]

Phew! I've finished going through the statements they sent me and I'm annoyed to have discovered at this stage that they only go up to Jan 05 given that I sent my letter telling them that the Visa card stuff was missing earlier today. Ho hum, I'll just have to write another letter asking for the FlexAccount stuff from Feb 05 to date. I know there would have been some activity after Jan 05 even if it wasn't very much.

 

More than that though I am in a state of disbelief having added up the charges - it's a total of very nearly £1700 of which £1600 was applied in the 7 months between being made redundant and getting a new job!

 

Next step is to write another letter about the missing statements and once I get the full details I'll hit them with it. I am so looking forward to being able to make a donation to the site when I get MY money back!

[EndOfMyTether]

So, I sent my preliminary letter off to them on 12th March asking for them to repay £1759.42

 

This is their response so I was hoping someone could tell me what to do next...

 

Thanks.

 

hmm, I don't think I have got the hang of this image lark so here's a link to the picture:http://pic16.picturetrail.com/VOL651/2774587/15881633/242156292.jpg

[Varangian3]

Hello End

 

I had the same letter. Lovely to get the personal touch from our member-owned and -focussed building society isn't it?

 

The system is simple, you just ignore everything that they send if it doesn't satisfy exactly what you have requested in the prelim letter (I hope you used the template!).

 

You just carry on...LBA...14 days...file court papers... If you've done everything exactly as explained on the website then they just talk tough, but throw in the towel at the start of round 15 and pay up.

 

It seems to me that you're way overdue for the LBA going. Just stick to your own timetable and don't be fobbed off by them. Follow my thread (and others) because I'm some weeks ahead of you and this will tell you what is happening to the Nationwide claims.

 

regards

Varangian Guard

take no prisoners

[stan5131]

Yes... Agree with V. Just stick to your timetable. If you dont get full offer by expiry of prelim then letter before action, file MCOL.

[chelseaharvey]

I did mine and nothing im on 46 days now, they wrote to me about 16 days after i had sent it, i still have the letter to say they would get my statements to me, but heard nothing since

[kelly101]

Hi chelseaharvey,

 

Day 46 and still waiting for your statements? You need to send a LBA for non-compliance with the DPA.

 

Here: Non-compliance LBA

 

Remember to send it by recorded delivery.

 

Kelly

[EndOfMyTether]

ok, I sent in my LBA and I have had a second bog off letter that says it's all my own fault and that if I am having difficulty managing my account they may be able to agree to give me a bigger overdraft! This is a bit rich considering that they froze all activity on my account 2 years ago!

 

Anyway, I'm about to file with MCOL and have some of questions about the Particulars of Claim.

 

1. I can't recall when I opened this account (it was probably nearly 20 years ago!) so can I leave that bit out?

 

2. Do I need to list the cost of filing the claim or will this be added onto the settlement and repaid automatically?

 

3. Do I list the £10 fee that I paid for the Data Protection Act S.A.R - (Subject Access Request) info (which they still haven't fully supplied after 4 months!) or will it be repaid automatically or can I not get this back?

 

4. I know I can't claim for my time spent on sorting this out but can I reclaim my (multiple) recorded delivery and postal order fees (I have receipts) and if so, where do I put these amounts?

 

5. As the account is dormant (possibly closed by Nationwide - I have no idea) can I stipulate that any payments are to be made by cheque?

[stan5131]

1. Yes you can leave this out or put 'opened in the 1980's).

2. Cost of filing is added automatically at the end.

3. I personally would not ask for this back as it may complicate your simple claim. Plus, still having your £10 makes them liable to comply. Maybe someone else can advise further on this one.

4. Actually, you can claim for your time but this cant be done on MCOL. The particulars for this are too long. You need to file a N1 form and personally take it to the courts.

5. If account is closed, they will automatically have to issue you with a cheque. They cant pay funds into a closed account.

[EndOfMyTether]

ok, so I filed with MCOL and Nationwide have acknowledged the claim so I guess it's 28 days and counting.

 

Any advice on what to do next would be greatly appreciated.

[stan5131]

Just wait for their defence now. It will be the usual standard garbage!

[mrsid]

Hi,

 

I have just had notification from them that they have employed a solicitor and will defending the claim in court! What do I do now??

[Squall]

It appears to be normal practice with Nationwide to do that now, don't worry about it, just stick to your guns, follow the step by step on here and you'll soon have your cash back - normally they settle a day or two before the due date.

 

The Squall

[EndOfMyTether]

On Saturday I got the notice that they'd acknowledged the claim on the 1st of May and am a bit confused because I thought from reading other Nationwide related threads that their solicitor was Charles Bacon but my Acknowledgement of Service states that they intend to defend all of the claim and that documentation relating to this claim should go to [email protected] of Eversheds LLP, 1 Callaghan Sq, Cardiff CF10 5BT.

 

After reading so many of the 'success threads' that mention e-mailing Mr Bacon a day or two before the 28 day deadline seemed to be the catalyst for repayments to happen will the fact that it's Eversheds make any difference and should I still e-mail Mr Bacon or Catherine Price or not bother?

 

Also, I've not used my Nationwide Flexaccount for well over 2 years, which was when things went badly belly up for me and they simply stopped all activity, although they never told me they were actually closing the account. Anyway, I have no idea if the account is still open and how to access it if it is! So, my question is this - how do I make sure that they pay my refund by cheque so that I can put it into the account I choose (namely an ISA) rather than it going into a possibly defunct Nationwide Account and me having to fight on to get to it?

 

Any advice would be most welcome.

[EndOfMyTether]

I'm back from my holiday and Nationwide's 28 days are up on Tuesday. I haven't heard anything more from them or the court since the claim was acknowledged and they said they would defend, so is there anything I should be doing now or should I sit tight, do nothing and then work my way through the 'Judgement' section of MCOL on Tuesday?