Stunning victory against Nationwide

[omollmeg]

Well done!!!!

Great reading, I hope I don't need to get that far but if I do I hope you live in Surrey as could definately use some of your confidence!!!

Congrats.

[Rosco]

My defence was quite simply that the value of the charges plus interest had to be deducted from the overdraft. They decided at the first hearing that they didn't want to pursue the matter and tried to walk away from the whole thing. I wouldn't let them until they fixed my credit file. Which is now being done.

 

Could i ask how much of that £1500 of made up of charges? And were you claiming that £x of charges plus 8% was deducted from the total?

[Robertxc]

I wasn't claiming anything. Nationwide were trying to exract their £1500 overdraft from me. I refused to pay about £1000 plus interest, because that was how much I had been penalised over the years.

[mcuth]

Absolutely. I guess you could say that I set a trap for them, and they walked right into it. I knew for a fact that their procedures would automatically lead to court action, especially, since I refused even to discuss paying back the overdraft.

 

I tell you, this strategy has really got me interested.... I think I might have to give it some serious thought once I've got the rest of my DPA requests in and seen the full picture! Thanks Robert

 

Cheers

 

Michael

[BankFodder]

I have already indicated in a number of threads including one in the General section that if the bank is suing you and the claim is for a sum which is comprised either wholly or substantially of charges then you as a defendant will automatically be in a position of advantage.

This is because it is the bank that is pushing the matter into court and at the claimant they will have to do prove their case if you decide to defend. This means that if you raise the issue of charges in your defence then the bank will be obliged to reveal the highly secret information which would damage them to a point where the flood of claims would be unstoppable.

Once again if you are being sued by your bank, please let me know about it.

[Robertxc]

Not to mention that as the Defender, I was in a position summon witnesses in my defence. I told them I would be summoning both my branch manager and Natiowide's Director of Retail Services. They would have been required to appear or risk having an arrest warrant issued... Now THAT would have been something to see.

[Robertxc]

Not to mention that as the Defender, I was in a position summon witnesses in my defence. I told them I would be summoning both my branch manager and Natiowide's Director of Retail Services. They would have been required to appear or risk having an arrest warrant issued... Now THAT would have been something to see.

[BigN]

Impresive stuff, I'm in a similar postion with the Halifax. I've even offered to pay the over draft but not the charges. They have ignored letter after letter and keep phoning me upto 10 times a day during work hours. About 75 percent of the calls have been hang ups sometimes with the word Halifax uttered b4 the hang up. Your case is inspiring and I'm determined to win now.

 

N

[dolly]

BigN - have you asked wrote to them to stop phoning? If not, I would do as they can get in trouble for harrassment if they carry on after that.

[BigN]

Yes I have writen to them and they wrote back and told me in writing that were unwilling to stop calling.

[Robertxc]

This topic was closed on 09 March 2019.

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