Follow My Claim From Start To Finish

[smesin]

Hi, I'm Chris and i'm taking on Nationwide. Having done alot of reading in various forums I thought it might be useful to have a claim that can be followed from start to finish for all those who are currently in my position.

 

I will post my progress at every stage aswell as problems that were encountered and how they were overcome.

 

I will try to make it as clear and consise as possible for those who wish to begin the progress of reclaiming there right.

 

Please feel free to ask advice or any questions from me or others who post if you feel something has been missed.

 

Here is my progress so far:

 

1) Sent a letter and cheque (£10 Payable to Nationwide Bulding Society- My Name) to Nationwide requesting statments for past 6 years (S.A.R - (Subject Access Request), see templates library)

 

Address:

 

Data Protection Team,

Nationwide Building Society

Kings Park road,

Moulton Park

Northampton

NN3 6NW

 

2) Received a package via special delivery 8 days later containing short letter regarding manual intervention of my account (please ask) and a huge pile of statements from the day I opened the account to the most recent.

 

3) Went through the statements highlighting all of the charges incurred. Used a special calculator on moneysavingexpert.co.uk to add on 8% interest to each charge from the day it was taken.

 

4) The same day I sent a letter reqesting my money back (Preliminary letter, see templates library) along with the 8% interest that the court would award should my claim go that far. £640 (charges) + £29.88 (statutory interest)

 

Address:

 

Charles Bacon

Solicitor

Legal Compliance (Corporate Affairs)

Nationwide Building Society

Nationwide House

Pipers Way

Swindon

SN38 1FN

 

 

At this stage, I went on the chatroom (hugely helpful, see link above) and did further research and found I should not have mentioned the 8% at this stage- this should only be bought about when filing a claim form as it can look like you don't understand the process (as I didn't), the 8% statatory interest will be increased by the time you reach the day you make the claim.

 

In addition, on advice from the members in the chatroom, I decided not to persue claiming interest on my interest charges. If you get this wrong on the spreadsheet, your claim can be thrown out or set back, as the amount in question was only about £30, I decided it wasn't worth the risk.

 

5) Will post again shortly, Nationwide have 13 days remaining to reply to my preliminary letter.

[Guest NATTIE]

Good Luck

[smesin]

Thanks, Bump...

[HowdyDoody]

that actually helps a huge amount smesin - good luck and thank you!

[smesin]

5) Ok, I received my generic, fob off, get stuffed, what? open and transparantmybottom, make alternative banking arrangements, heres my number, go away.... letter today (31st January) from:

 

Mr. Richard Huntley

Nationwide Building Society

Member Account Servicing

1st Floor Electra House

Farnsby Street

Swindon

SN2 1SR

 

I am now going to send the LBA back to him with a list of charges and the dates they were taken.... I am not claiming any interest on my interest charges and am not going to mention the s69 amount on my charges, I will however, make them aware that I will be claiming the 8%. Heres my LBA:

 

 

 

31st January 2007

 

 

Dear Mr. Huntley,

 

R.E. ACCOUNT NUMBER: 12345678

 

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, as 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.

 

I calculate that you have taken £640 in unlawful fees. I require repayment of this sum in full.

 

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

 

 

Yours faithfully,

 

 

 

 

Smesin

 

 

Once again, any questions, any tips, just post....

I will keep you updated....

[maangov]

You left your account number in the letter

 

Good luck!!

 

Maangov

[smesin]

Ok, if i was to claim for interest also.... there are charges

some months and not others should i just claim for the months that charges were taken...... or all months after the first charge???

[senanbyrne]

Good work - don't forget to put any repsonse letters from the bank in a safe place along with a copy of any letters you have sent to them.

 

You will need these later when the court asks you to send them a big bag of evidence.

 

Keep us updated!