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Hello everyone!

 

I'm just about to send my prelim to Nationwide. I only have a small amount to claim and the charges have only been applied over the last three months, but there have been more charges on the latest statement which are going to be debited around mid March.

 

Seems silly to post the entire letter here as it's your standard prelim from the library with the exception of a couple of changes in blue:

"I also request that you disregard the further £180.00 in impending penalty charges as detailed on our statement dated 16 February 2007 and any other pending amounts that we are not yet aware of."

Also, I read somewhere that "fairness and balance" may be a more appropriate term and hold more weight in court than "mutuality and reciprocity" is this correct or is it six and half a dozen?

The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. I believe that this applies to unauthorised drawings by yourselves as well as unauthorised drawings by me. I therefore believe that I am entitled to ask for this rate and further that it is justifiable for the purposes of fairness and balance, and is based on your unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account.

I have also added a sentence given the Nationwide's policy of closing accounts, I don't know if it will make a difference or indeed if it is wise to include this:

Please also note that an account closure in retaliation for a request for repayment of penalty charges may also be seen as a punitive measure by the FOS.

 

Does anyone have any thoughts?:rolleyes:

SM:)

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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withdraw rather than disregard.

 

use borrowing rather than drawing

 

also is it worth even mentioning interest on such a small ammount?

 

 

remove the last sentence totally about a/c closure, not for you to decide ,but for them to be fined if they do.

 

sometimes its better not to rub their faces in the #### as we know they are going to pay before court.

 

 

good luck, we are all with you

 

dx100uk;)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dx100uk,

 

Thanks, that's alot of useful info! I did think that about the interest, but then I thought if they do contest this for weeks, at least they have it in writing that I requested it from the beginning.

 

As for the last sentence, you made a really good point there and i'm in agreement with you actually, I just thought i'd put it out there to offer opinions :rolleyes:

 

Thanks again for input,

SM:p

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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  • 2 months later...

Ok, after a lengthy delay due to being skint :o I am ready to file a Summary Cause, just need a bit of advice: in the box where it says defender, do I put my local branch (and first point of contact on the charges issue) or the member services address who have been corresponding with me about the charges, or does it not matter?

 

Any input most welcome :D

SM:p

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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Hi Snoopsmum,

I too am claiming from Nationwide in Scotland. I was advised to take a look at your thread and I am wondering, do you know if you can claim for interest if it takes your claim over the 1500 mark, or if your claim including interest should be 1500 or below?

Good luck by the way :)

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Hi Aqualibrium,

 

As far as i'm aware Summary Cause limit is £1500 exclusive of interest and costs, you just put the rate of interest on the claim form. I haven't read your thread but i'll have a look later, are you wanting to claim CI and if so have you stated this right from the start, ie prelim stage?

 

I'm not claiming CI on this claim but I am on my RBS claim which is large and has now become complicated and drawn-out! If you're interested it's here: http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/64019-sn00psmum-dad-rbs.html#post544417

 

Thanks for the good luck wish and right back at ya! I'm off to have a look at your thread now to see if I can advise.....

SM:p

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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Hi Aqualibrium,

 

As far as i'm aware Summary Cause limit is £1500 exclusive of interest and costs, you just put the rate of interest on the claim form. I haven't read your thread but i'll have a look later, are you wanting to claim CI and if so have you stated this right from the start, ie prelim stage?

 

I'm not claiming CI on this claim but I am on my RBS claim which is large and has now become complicated and drawn-out! If you're interested it's here: http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/64019-sn00psmum-dad-rbs.html#post544417

 

Thanks for the good luck wish and right back at ya! I'm off to have a look at your thread now to see if I can advise.....

SM:p

 

- Thanks for replying Snoopsmum.

No I am not claiming CI, it was the 8% interest I was referring to, I should have mentioned that, sorry.

I will have a look at your RBS thread, since the procedure should still be the same.

Thanks for your help and I'll keep a wee eye on your thread. :)

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Hey-up sn00ppsmum, long time no-hear-from!

Ok, after a lengthy delay due to being skint :o I am ready to file a Summary Cause, just need a bit of advice: in the box where it says defender, do I put my local branch (and first point of contact on the charges issue) or the member services address who have been corresponding with me about the charges, or does it not matter?

 

Any input most welcome :D

SM:p

In E & W, when Filing your Claim @ Court, U have to put Nationwide's REGISTERED Address down...#3

http://www.consumeractiongroup.co.uk/forum/nationwide/74992-nationwide-contact-information.html

 

Am not exactly sure if it's the same for Scotland, or whether U have to put a Scottish address down instead...i.e. Your local Branch??

 

Perhaps U could find out the answer by looking through one of Lori1's Nationwide Threads, or by asking her??

http://www.consumeractiongroup.co.uk/forum/nationwide-successes/56271-nlori1-vrs-nationwide.html?highlight=Lori1

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Hey, MTM! Hows it going? I've been lurking in RBS forums mostly (gits!)

 

I think i'll just put the member services address unless I hear otherwise by tomorrow, high time this was filed!

 

Thanks for dropping by :D

ps, where are my choccies, man in black??

SM:p

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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Hey, MTM! Hows it going?...So-So...Nice to have someone around that understands C.I. again! I've been lurking in RBS forums mostly (gits!)...YES I know!...I do get about and have a wander around now and then...lol...:p

I haven't had much to do with RBS since they were called 'William & Glynn's' and they fell out with me during my late teenaged years.

Pity that was a while ago...Now that WOULD be a C.I. Claim worth pursuing!!!

 

I think i'll just put the member services address unless I hear otherwise by tomorrow, high time this was filed!...Have U tried trawling through the Threads in the SCOTLAND FORUM???

http://www.consumeractiongroup.co.uk/forum/scotland/

 

Thanks for dropping by :D

ps, where are my choccies, man in black??

...I'll see what I can do, no promises mind U...;)

SM:p

Oh btw...I think U are currently the most experienced Scottish legal system Claimant posting on the Nationwide Forum at the moment.

I hope that cheers U up?!

 

...Methinks U are going to rather busy!!!...pmsl...:D

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Oh btw...I think U are currently the most experienced Scottish legal system Claimant posting on the Nationwide Forum at the moment.

I hope that cheers U up?!

Really?? Wow, duly cheered up :D

...Methinks U are going to rather busy!!!...pmsl...:D

Happy to help, so addictive! I think i'll have to write myself a decent disclaimer though......or copy someone's!! ;)

SM:p

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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hi snoopsmum, when i filed my mcol i put the head office address in Swindon, best of luck x

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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Thanks sweety :)

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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No problem any questions just ask i will be glad to help!!x

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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Time to get them Italian builders back in!...lol...:D:p

 

:???: :? Am I being thick MTM or have you been at the liquers?? LOL

 

Right, Elgin Sheriff Court are superfast!! Filed my Summary Cause yesterday afternoon around 3.30pm with lots of documents enclosed and my papers are back with me this morning ready to go to Sheriff Officer!

 

Return date 10th July, calling date 17th July 10am.

 

SM:p

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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  • 1 month later...

YIPPEE!

THEY HAVE DUMPED FULL AMOUNT OF CHARGES INTO MY ACCOUNT ALONG WITH INTEREST AT 8% AND £39 COURT FEE!!

HOWEVER.....they haven't refunded the £16.19 I had to shell out for the Sheriff Officer (and apparently aren't going to) so I have to go to the courthouse and get a form 17

Still a great success though, could someone move me to winners row please, donation made and many many thanks to all who advised :D:razz::D:razz::D

SM:razz:

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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see told ya!

 

well done

 

now onto the next one !!

 

 

dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh thats not fair!!!! i'm really chuffed you won but my return date was 10th july and my calling date is tuesday 17th july, but mines still going ahead i've not had any out of court settlement or anything, and i'm totally pooing my pants, haven't got a clue what i've got to say or anything!!!!

 

If i lose i'm i the first person in scotland to lose??? if i am i'll be on gmtv on wednesday hehe, no seriously now, i can't believe you're acutally going to court with this!!! was yours a summary claim?? really panicing here!! oh MTM put me onto this thread btw, cheers to him :)

BOS 1st Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 2nd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 3rd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 4th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 5th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

Nationwide - Prelim sent 8/1/07 LBA sent 18/1/07 Court Date 17/7/07 WAITING FOR TEST CASE

LX Direct - S.A.R - (Subject Access Request) sent 8/1/07 LBA sent 9/7/07 Got 50% off total - settled and closed account 10/9/08

Studio cards - S.A.R - (Subject Access Request) sent 8/1/07Credited to my account, account cleared! 4/6/07

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i'm up at elgin sheriff court as well btw!

BOS 1st Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 2nd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 3rd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 4th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 5th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

Nationwide - Prelim sent 8/1/07 LBA sent 18/1/07 Court Date 17/7/07 WAITING FOR TEST CASE

LX Direct - S.A.R - (Subject Access Request) sent 8/1/07 LBA sent 9/7/07 Got 50% off total - settled and closed account 10/9/08

Studio cards - S.A.R - (Subject Access Request) sent 8/1/07Credited to my account, account cleared! 4/6/07

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Oh dear! I don't want to state the obvious or anything, but have you checked your account? I'm only asking because i'd stopped using my a/c and just happened to notice the balance by chance while checking the balance of my other account online and they had just dumped it in, no letter, phonecall- no warning whatsoever!

 

Mine was a Summary Cause (£1290) & they still owe me the Sheriff Officer fee, not sure if that means I should turn up on Tuesday or not (maybe i'll see you there lol) but i'll phone them on Mon after i've checked my account.

 

I'm glad they settled before court, I would have been pooping it too, but i'm sure if you've done everything right you'll win, after all, it's them in the wrong, not you. They're banking (pardon the pun) on people pooping themselves & not turning up. That's unless they see sense over the weekend, here's hoping, got everything crossed for you!

 

If it's still going ahead i'd be happy to turn up & offer moral support if you want, but I bet you'll have a nice surprise in your a/c Mon morn.

 

Try not to stress too much & enjoy the rest of your weekend!

SM:p

Blimey, just noticed your sig, you've got a few under your belt too haven't you? Well done!

 

MTM is a star! Given me some great advice over the past months xx

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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the bank account am claiming against is a closed account, great!!!! think what i'm going to do is phone the court on monday and see what the nationwide has said, if they're defending or what, as i've had no letter or anything and i'm a bit confused, i thought that if they were defending I have to be told what grounds they're defending on maybe i've picked it all up wrong????

BOS 1st Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 2nd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 3rd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 4th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 5th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

Nationwide - Prelim sent 8/1/07 LBA sent 18/1/07 Court Date 17/7/07 WAITING FOR TEST CASE

LX Direct - S.A.R - (Subject Access Request) sent 8/1/07 LBA sent 9/7/07 Got 50% off total - settled and closed account 10/9/08

Studio cards - S.A.R - (Subject Access Request) sent 8/1/07Credited to my account, account cleared! 4/6/07

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Did you phone the court the day after the return date, ie 11th to see if they intend to defend?

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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