smesin v Nationwide

[illonavamp]

Nationwide filed a defence with me, they snunck the money into my account then filed a defence 'we've already paid it'

 

I haven't closed the action yet as they haven't paid my legal fees. And I've moved the money somewhere else.

[mrpenguin]

Once I submitted the MCOL they paid part of the requested amount in charges (some over x6 years), ALL of the interest requested including that calculated on ALL charges + costs of £120.

 

They also gave notice on the account, to which I was a little shocked but was aware could happen. They quoted that I had not complied with the terms of the account as the reason for closure but I feel like arguing back "I am happy with the terms, just not the unlawful and outrageous charging structure!".

 

I've now submitted the AQ stating what payments I've recieved and also sent a copy to Nationwide advising that I want a breakdown of their refund calculation as it doesn't add up even when I take off the charges over x6 years!

 

Do you think I'll receive payment in full now?

[smesin]

yeah cause you will, keep persuing it, they're just trying to stall you... nearly there...keep us posted mrpenguin

[louloubella]

nationwide have said that they will defend my claim too - I received the court papers on sat - will keep you posted on what happens i worked for the nationwide for nearly ten years !!!

[smesin]

Easy-Peasy really...lol

 

Not really that easy-peasy... lol. Anyway, I have submitted my revised letter before action now as I miscalculated the charges in my preliminary letter... expecting a negative responce.... claim scheduled for Febuary 20th...

 

Heres my final letter:

 

 

Mr. Richard Huntley

Nationwide Building Society

Member Account Servicing

1st Floor Electra House

Farnsby Street

Swindon

SN2 1SR

 

 

6th February 2007

 

 

Dear Mr. Huntley,

 

R.E. ACCOUNT NUMBER: 3XXXXXXXX

 

Thank you for your letter of 30th January 2007.

 

I am very disappointed that you have failed to respond satisfactorily to my letter of the 23rd January 2006.

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

This is based on the Unfair Terms in Consumer Contracts Regulations. I believe these default charges are unfair and not proportionate to your costs.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

Having reassessed my statements, I now calculate that you have taken £330 in unlawful fees, a schedule of these charges is attached. I require repayment of this sum in full.

 

If you do not comply fully within 14 days then I shall commence a claim in the courts to recover the full amount, 8% statutory interest, plus my costs, without further notice.

 

 

Yours faithfully,

 

 

 

Smesin

 

 

 

Any Q's just ask... I'll keep you updated...

[lori1]

best of luck smesin, i will follow with interest as i am not far behind you!

[mahharg]

Hi Smesin

 

Been reading your thread. I am on the same timeline as you LBA sent. Will be submitting claim on 20th Feb If they don't settle before LOL. Are you using MCOL or form N1? I have to use form N1 because MCOL don't accept my Visa Electron. Anyway best of luck to you I will be checking your thread to see how you are getting along.

[smesin]

Hi Smesin

 

Been reading your thread. I am on the same timeline as you LBA sent. Will be submitting claim on 20th Feb If they don't settle before LOL. Are you using MCOL or form N1? I have to use form N1 because MCOL don't accept my Visa Electron. Anyway best of luck to you I will be checking your thread to see how you are getting along.

 

Mahharg, I will be using the N1 on advice from others as it seems you can attach more detail and are not limited in what you can write. I have completed a draft version of my N1 already in preperation... I can e-mail the scans of them to you if you need any help- just PM me your e-mail address, as I cannot post them on here... Good luck...

 

best of luck smesin, i will follow with interest as i am not far behind you!

 

Let me know how you get on Lori.. Good Luck....

[mahharg]

Hi Smesin

Thanks for a copy of your claim particulars. I have now sorted it already printed up and ready to go. Its good to be ahead of the game I will be looking more into the AQ now (be prepared) although I hope we won't need it. BTW if we wanted our claim to be issued on the 20th Feb would we be better off if we hand our N1 in on the 19th, or earlier if like my county court they have a large backlog?.

 

It's also a bit weired that our claims are running alongside eachother and I too also gave up smoking about 8 days ago... I guess this keeps our fingers busy and sueing a national building society can motivate you to do anything!!!

 

 

Yes Is a bit strange, also we joined the cag same time. hopefully we will get the money from the lovely people at Nationwide at the same time.

 

best of luck

mahharg

[smesin]

Ok, Received my second fob off letter from Mr. Huntly and filed my claim at my local county court on Wednesday 21st Feb (cost £50). Was told it would be issued and then I would be sent back a stamped copy. Will let you know my progress from here forward... Nearly There!!!

 

Smesin

[mahharg]

hi smesin

I too filed my claim at county court on 21st - however mine cost £80 and I was told it won't be issued for about 10 days:x so reckon you will get your money before me lets:-( see.

[jmorgan120]

I have my claim ready to go. The reason I haven't filed the claim already is that as there was a contact name on my last letter from Nationwide, I would actually contact the sais person. Unfortunately he was on holiday. However a nice young lady told me she would forward my details to the head office in England and I would hear from them within five working days. Well as good as her word the letter arrived today exactly five working days later. It states that the FSA gives them 8 weeks to investigate before I have the right to ask the ombudsman to review my case. I called the number on the letter and spoke to another very nice not so young lady (going by the sound of her voice). I told her that I did not intend to use the financial ombudsman but intended to lodge my claim in my local sherrif court first thing Monday Morning. Her reply was that if that is what I wanted to do then that was up to me.

So did I do right or did I do wrong. And is it ok to give the long drawn out process of contacting the ombudsman a bodyswerve.

[smesin]

I have my claim ready to go. The reason I haven't filed the claim already is that as there was a contact name on my last letter from Nationwide, I would actually contact the sais person. Unfortunately he was on holiday. However a nice young lady told me she would forward my details to the head office in England and I would hear from them within five working days. Well as good as her word the letter arrived today exactly five working days later. It states that the FSA gives them 8 weeks to investigate before I have the right to ask the ombudsman to review my case. I called the number on the letter and spoke to another very nice not so young lady (going by the sound of her voice). I told her that I did not intend to use the financial ombudsman but intended to lodge my claim in my local sherrif court first thing Monday Morning. Her reply was that if that is what I wanted to do then that was up to me.

So did I do right or did I do wrong. And is it ok to give the long drawn out process of contacting the ombudsman a bodyswerve.

 

$%*! the ombudsman... I received the same letter, stick to the timescales as set out on this website. **%! the "very nice" lady too... she would be 'very nice' wouldn't she. Don't do anything over the phone either, its a waste of time, costs you money, and there is no proof of your conversation.. Pick up where you left off in writing... All the best..

 

Smesin

[smesin]

hi smesin

I too filed my claim at county court on 21st - however mine cost £80 and I was told it won't be issued for about 10 days:x so reckon you will get your money before me lets:-( see.

 

You sound like your getting restless mahharg!!! It'll come...

[jmorgan120]

Intend to file my claim before close of business today.

 

Cheers:)

 

jmor

[BondGirl78]

Hi smesin and jmorgan120

 

Your thread is really useful, thanks for posting up what you've been doing. I've got a claim going with the Nationwide too, I sent them the letter before action and they sent me exactly the same response:

"Your complaint has been sent to us by Richard huntley, Customer Service Manager, Member Account Servicing. We've only just received the papers and will be reviewing them as soon as possible. Once we've finished, we will write to you with our findings.

 

The Financial Services Authority allows us 8 weeks to investigate before you have the right to ask the Financial Ombudsman to review your case. This ends on (XXX date). If for any reason we can't send a full response by then, we'll write and explain why.

 

Meanwhile, if you need to contact us, you can do so on the above address or telephone number."

 

So are you saying that I can just ignore this letter and start the court claim now? The 8 weeks thing is really putting me off. Will it count against me if I file the papers before the 8 weeks are up?:confused:

 

Thanks for your help with this.

[mahharg]

The Financial Services Authority allows us 8 weeks to investigate before you have the right to ask the Financial Ombudsman to review your case. This ends on (XXX date). If for any reason we can't send a full response by then, we'll write and explain why.

 

Meanwhile, if you need to contact us, you can do so on the above address or telephone number."

 

So are you saying that I can just ignore this letter and start the court claim now? The 8 weeks thing is really putting me off. Will it count against me if I file the papers before the 8 weeks are up?:confused:

 

Hi

Yes just ignore this letter:

1: You gave them 28 days which is more than sufficient. Stick to your timetable.

2: You are not complaining as the letter states you are simply asking for YOUR money back.

3: The bank have already said your not getting your money back in the first response.

This is just another stalling tactic.

 

The same letter was posted to me the day after I submitted my court claim so I had no choice - didn't really need a choice though.

[smesin]

Hi

Yes just ignore this letter:

1: You gave them 28 days which is more than sufficient. Stick to your timetable.

2: You are not complaining as the letter states you are simply asking for YOUR money back.

3: The bank have already said your not getting your money back in the first response.

This is just another stalling tactic.

 

The same letter was posted to me the day after I submitted my court claim so I had no choice - didn't really need a choice though.

 

...Word, Bump

[darling1]

The Financial Services Authority allows us 8 weeks to investigate before you have the right to ask the Financial Ombudsman to review your case. This ends on (XXX date). If for any reason we can't send a full response by then, we'll write and explain why. (Quote)

 

You are not asking the financial obudsman to review your case! and you havn't asked them to investigate............. JUST tO GIVE BACK YOUR MONEY!!

[kwaker]

Hi,

 

As your a bit further on than me maybe you can answer me something. On the N1 claim form it says in tha value part: Charges, Overdraft interest, Interest under s69 county courts act, court fee. I have calculated the 8% interest using the spreadsheets on this site but that is for the interest under s69 etc. So what would go in the overdraft interest part?

 

Thanks

[smesin]

Hi,

 

As your a bit further on than me maybe you can answer me something. On the N1 claim form it says in tha value part: Charges, Overdraft interest, Interest under s69 county courts act, court fee. I have calculated the 8% interest using the spreadsheets on this site but that is for the interest under s69 etc. So what would go in the overdraft interest part?

 

Thanks

 

Overdraft Interest is the interest you are charged for borrowing their money i.e. for being in overdraft. You will have been charged this each and every month if you have been in your overdraft.

 

Now, we are claiming that their charges are unlawful. These charges have caused us to go into further overdraft resulting in higher interest charges each month. Therefore, if the charges/penaltys are unlawful then the interest on them should follow suit.

 

Note here that if your overdraft is made up purely of charges (i.e. no purchases, dd's, etc.) you should be able to claim all of this back. If you were overdrawn say £200 already and that was your limit then you went into unauthorised overdraft then you could only claim part of the interest charged that month as some of it was lawful (i.e. for purchases and whatever else you used the £200 for).

 

Using the spreadsheets you can work out how much you are owed by entering your balance at the time of each interest payment. You need your statements for this.

 

I, however am not claiming this as I messed it up a few times. Considering my claim is only for about £330, the overdraft interest figure would be neglibable. I decided that it was better to be safe and forefeit a few quid than get it wrong and have it thrown out of court on a technicality.

 

But by all means, do go ahead if you are confident.

 

Hope this helps, Smesin.

[kwaker]

Thank you. As im claiming for £366 then I think I will leave that part out too and just claim back the 8% worked out by the spreadsheets here as that works out to £100.

 

Thanks again for making that clearer.

[BondGirl78]

Thanks for your comments I have gone on MCOL and filed a claim now. Fingers crossed I'll get it soon - it comes to nearly 3 grand !

 

SO glad to be getting it back!

 

[Peperami]

Been looking around on here for a couple of weeks now getting to grips with the whole process.I've been reading this thread with intreset as i to will be claiming my charges back and learning in what manner to go about it all and also what obstacles to expect.

 

ASH

[eggopp]

Im also at MCOl stage, mine went in on Fri 23rd, and issued yesterday 26th.. Its a waiting game now.. Good Luck, not that you will need it.