nationwide not payin

[poochie]

Just had letter back from nationwide saying that I signed an acceptance of their tarriffs when I joined their branch, therefor they will not repay our charges which I worked out at £2646.00.

 

Where do I go from here or whats my next step? Do I go straight to small claims court and have to sue them each time for the £750 that is apparently the limit in courts in scotland, which means going back to court 4 or 5 times?

 

I am new to this and so confused but believe they should repay our money.

 

someone please help me or show me templates of letters to guide me on the right track....thankyou

[MARTIN3030]

The procedures will get you through.

Firstly you need to read the faqs and get a brief as to what the procedures are.

Have you already got a full list of charges you are claiming ?

Next step then is a preliminary letter (asking for it back ) you need to send this along with a schedule/spreadsheet of charges listing oldest one first/amount/reason for charges etc.

After 14 days move to the letter before action......only then start the court action.

The letters you need all in the bank temps folder (see link at bottom of this post )

 

Read the other forums on the site......it will give you great insight...there is also a section on the Scottish system.

 

[poochie]

I have went through all the neccessary steps so far to reclaim charges and sent letter before action on 19th september.

Nationwide replied today saying they are dissappointed they havent been able to resolve my dispute to my satisfaction at this stage. They said they are referring my case to member service dept for them to review under complaints procedure. Member service will reply in final response to my complaint and if I am still not happy then I should contact financial ombudsman service....I am so confused as to what I have to do now....

Do I start my claim in court? Do I wait to hear from member service? Someone please help me?

I am due to leave for my holiday on 6th October with my 4 kids and hubby and dont want Nationwide to spoil this for me or my family....SOMEONE HELP???PLEASE

[All8pne]

Dont panic about the letter, its all expected and normal.

 

If you sent your LBA on the 19th sep you will be able to file your money claim or N1 after the 3rd October, so get it in on the 4th or the 5th, go on holiday forget all about it, then when you get back the money wont be too far away fron being refunded.

 

I'm just ahead of you. I had my case acknowledged by them yesterday.

[poochie]

thanks for reply but where do I get n1? what is it and what do I do with it? Sounds stupid question but I dont know what I am doing regarding this bank business...

[Gary29]

HI Poochie, the link you want is :

 

www.moneyclaim.gov.uk

[poochie]

do I register on that site now or wait till 3rd October?

[All8pne]

I would register now, get all your claim details in and sorted. do a final check through your figures again, especially the interest calculation. Then all you need to do on the 3rd is log on pay your fee and its done.

 

This is what i entered in the details of claim section of the moneyclaim

 

Claimant has account XXXXXXXXX with Defendant

from December 1999 conducted on their

standard terms and conditions. Claimant is

claiming the return of £XXXX.XX taken by

Defendant in charges and interest on the said

charges over the past 6 years. The

Defendant's charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law. They are also

invalid under the Unfair Contracts Terms Act

1977 s.4 and under the Unfair Terms in

Consumer Contracts Regulations 1999.Para.8

and sch.2.1.e.

In the event that the charges are not a

penalty they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. Defendant has declined

justification of charges despite repeated

requests. Claimant claims interest under

Sec.69 of the County Courts Act 1984 at a

rate of 8% a year from DD/MM/YYYY to

DD/MM/YYYY of £XX.XX and also interest at

same rate up to the date of judgment or

earlier payment at a daily rate of £X.XXp.

 

Hope this helps

[poochie]

thanx so much for reply but very end part confused me about daily rate of interest...please elaborate on that for me.....thanx again, very much appreciated..

[All8pne]

Use this spreadsheet to list and calculate your charges, it calculates the daily rate for you

 

http://www.cag-files.co.uk/barracad/Spreadsheets/England/Complex-bank-charges-calc.xls

[poochie]

so should I fill in the forms online now, then come 3rd october, set the wheels in motion, go on holiday and forget bout it till we get home?

thanx for time and info on this....ya wee gem

[All8pne]

Thats the ticket

[poochie]

cant get any joy from site that you guys directed me to...it seems to be for england or wales and not for scotland...any helpers feel free to get back to me...getting frustrated with this now....

[Suzy H]

Hi Poochie

 

I'm at exactly the same stage as you - you are right in thinking that 'moneyclaim' is for England and Wales Unfortunatly we can only claim back in £750 bundles.

 

I'm also pursuing the Nationwide for charges (£2786.87 in total) if you are claiming more than £750 just divide your claim into periods and for that amount then file for the first £750 - once received then carry on with the next period and the next £750 claim etc

 

Alternatively - if you have friends or relatives in England or Wales you could use 'moneyclaim' as you could use their address for the service address for recieving the court papers. Nationwide will still continue to write to you at your home address and your money will be paid into your account etc. Hope this has helped

 

Good luck

[poochie]

thanx for the info but i am very confused bout this lot....I always assumed that you could sue for £5000 in small claims court in dundee, so could you help here...

Do I now go to small claims court in dundee to get forms then fill them in and set wheels in motions before I go on holiday friday 6th october?

Any info and advice is much appreciated.

thanx

[Suzy H]

Hei Poochie

 

No £5000 is for English & Welsh claims - us poor wee souls in Scotland can only claim upto £750 at a time in small claim courts

 

If you claimed over that amout the banks are likely to defend but if you keep to the £750 amounts then it is highly unlikely they will defend as it wouldn't be very cost effective for them given the fact they know they are in the wrong

 

How long are you going on holiday for? Have you sent all the relevant letters etc beforehand etc? I'm not sure how long it would take before a court hearing but I personally (if it's just a two week holiday) would wait until I came home - but maybe someone with more experience could advise you here

[poochie]

Today I filled in my first claim in small claims court in scotland for my first £750 plus costs from nationwide. They had 14 days to pay up and refused then got 14 days to reflect and still refused so I am determined person and have today paid £39 and handed in forms to small claims court.

I am off on holiday for 1 week and hope to have reply when I get home and then I will be going for my 2nd lot of £750 plus costs...I will have to do it 4 times to reclaim all they owe me so I shall keep you all informed..

wish me luck please!

[bathgatebuyer]

Good luck with it. Hopefully it will settle before then and you can avoid the hassle of having a day in court. I'm always sure they will.

 

Incidentally I noticed 2 or three people taking Banks to court in Edinburgh over the coming week. I wonder if those cases will be settled without needing to eve appear.

 

Either way, I'm sure you'll win!!!

[Suzy H]

Hello Poochie

 

Hope you had a nice holiday How are you getting on with your Nationwide claim?

[poochie]

we took court papers to sheriff court 3wks ago and had them sent back to us because scottish courts cannot serve papers on english territory apparently, which is where nationwides head office is...so we had to change the address so the papers get served to our local branch in dundee. We got notified on friday that the case is due to be heard on 2nd week in december but I have to go down to sheriff court to put my initials on court papers to prove it was me who changed the banks address...turning out to be makin me very nervous and wondering if we will get our charges back etc.....after this first hearing, we have to sue them another 4 times to get all our bank charges back.

[Suzy H]

Hi poochie

 

How did you get on down at the court? Hope everything went well

 

I know at this stage it must seem very scary and daunting but it's nearly over now and after you have had success with this claim the next time you claim will be easier ... honestly.

 

Looking forward to hearing all about your win

[poochie]

just had to go put my initials next to change of bank address...I am very nervous cause i was told i am first in dundee to get this far with the bank charges fiasco etc.....

[poochie]

can anyone tell me how long we have to wait for nationwide to pay up.? we are due in court on 11th december and we have not heard from them since papers were served on them.

has anyone got as far as court papers being served on them and if so, how long before they pay up?

i am really nervous about appearing in court with them.

[Suzy H]

Well done poochie - i'm really excited for you.

 

You're going be in the history books :grin: and what a brilliant claim to fame.

 

They will settle before you get there but I do understand your nervousness - as each day passed I went through every emotion - then when I got that letter of refund through the post I almost cried honestly.

 

Thinking of you

[poochie]

did you not have to go through the courts then? how come you got refund and they are picking on me to see how far i will go? thats not fair! ha ha well done to you and hopefully i will get my refund soon....