smesin v Nationwide

[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.

[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

[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.

[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.

[mahharg]

these should help you complete the AQ, New Strategy really a must now:

 

Hi smesin

Dunno if you have seen the new AQ thread link in post 37 it is really good.

Basically you are asking the judge to order disclosure of how charges are reached from the bank as well as all the defence that will be used within 28 days of order from judge. At the same time you are offering to submit court bundle 14 days from the date of order. This is instead of all parties submitting all their papers upto 14 days before actual court day. This is a really good idea for those banks that love stalling to the limit tactics eg asking for stays and not settling untill the very last day before court date (these days could be months away). My personal opinion is that Nationwide do not fall into the category of "stalling to the limit" so I am thinking If I have to fill out an AQ I might be using the original AQ thus saving time and money getting court bundle together which I can't recall any Nationwide claim getting as far as this. what would you think and what would you do.

[mahharg]

It seems that NW are waiting for the next FSA/Ombudsman report to come out within the next month, and that is why they are delaying. They probably hope that a ruling will be made that only the difference between what NW charged and the actual cost (possibly to be set at £12) should be refunded.

So the answer is - get your claims in NOW !

 

Correct me if I am wrong but doesn't this £12 limit already apply to credit cards yet they are still paying out claims why - Is it because that the £12 figure decided FSA/Ombudsman is still too high. If it costs the banks less than they charge to cancel a direct debit etc it is still unlawful regardless what the FSA/Ombudsman state the only way to reach a correct figure is for the banks to disclose what it costs them:rolleyes:. Until then I think the claims will go on.

[mahharg]

Hello Smesin good to see you back on your own thread.

 

Correct Mahharg.... And in regard to the allocation questionnaire, I am not sure of which path to go down (old strat or new)? What you said makes sense as I could do without the hassle of putting together a court bundle to be honest...

 

Because both AQ are ok in their own right suppose you need to ask your self a few questions

1) Will the bank use their stalling tactics to delay paying out.

A) At the moment not Nationwide (compared to others). They could change though.

 

2) Am I prepared to wait for my money (interest will be increasing everyday) should they apply these tactics.

 

A) If yes then go for the original AQ. You will get your money.

 

If no then go for the new AQ if you don't mind getting your court bundle together.

 

does this help make your mind up!

[mahharg]

I filed our claim on the 28th feb and havent heard a dicky bird as yet. I wait with anticipation.

Kwaker I sent mine on 21st I was told by my county court that it wouldn't be issued for around 10 days. I phoned court on 1st March (premature I know) and was told it had been issued on 28th Feb and notice sent to me same day. Still waiting for post to arrive (good old royal mail). I think you have to wait a little longer or contact your local court and ask how long it should take before issue they should have an idea.

 

P.S. Hows the No Smoking going?

7 weeks and 3 days now and I have been to the local a couple of times. Found it easy with a drink(strange) just drink faster Hic!. I have had my tough moments but got over them. I am now going through days without even thinking about them As you can see my teeth are whiter as wel:lol:.

how about you then Smesin still off the fags.

[mahharg]

Hi all & Smesin

 

Just got my ackowledgement sent today stating Nationwide (Mr Bacon) intend to defend in full I am presuming by reading other posts that this is another one of their letters before they submit their defence as "paid in full". Still they now have until 2nd April to submit defence so I better get up to speed on the AQ just in case.

 

 

from hannah8686

She then explained that every time they get a customer take them to court, they acknowledge then the details basically take a while to be added onto a sprreadsheet by there administration dept. After that they become part of a 'refund' Queue.

 

Well that is heart warming to know thanks hannah

[mahharg]

Hey smesin

 

Congratulations. When you are sure that you have everything you claimed give the court a ring or pop in there they will tell you what to do next. Apparently it is a simple process (said the lady in the court who happens to be claiming against her bank). I am right behind you and hope I will get mine soon. By the way how is the smoking going. once again congratulations