Lori Vs Nationwide: Round Two

[rightfullymine]

hi lori hope all goes well for you...

 

do you know whats happened to our avatars?? they have gone

[lori1]

hi rightfully, thnx i hope it goes well too!!, the avatars have gone just because of the volume of users since yesterday, they will be back soon xx

[lori1]

hi guys, quick question, i am a little worried as i have heard nothing from nw regarding this claim.......absolutely NOTHING!! now i'm scared to file mcol tomorrow i would really appreciate your input guys thnx xx:)

[Bigmac versus]

You could phone them asking if there is a response to you Letter Before Action dated--/--/-- as today you are filing at court and would give this call as a last check before doing so, they may be pushing you to this stage and the AQ, if so you may be wise to look into your next step, this is also the stage when the nationwide have in the past closed accounts due to 2nd claims, do you have a parachute account in place?

[wedsmith]

Hi Lori

On my second claim, I heard nothing at all, not like my first claim, but I filed the mcol and it was acknowledged on the 8th March, (defending all the claim) so I am hoping that they have changed their tactics and are now waiting for the 28 days to be up before paying out. They closed my first flexaccount straight away but I had a parachute account open with Natwest who have been great, only one drawback if you open a basic Step account you have to pay £13 for any cheques that you want drawn from your account! So I am waiting for the 4th April to see if they will pay me or if I have to complete the AQ, hoping not the latter!! I can't see how they can pay on some accounts and then decide to take others to court (if they do) as they have already admitted that they are wrong I think they are delaying to put people off!!!!! Good luck!!!

[lori1]

thnx bigmac & wedsmith, yes i do have a parachute account, but i received a letter from them saying they wouldn't close account 1 if i behaved, so we will just have to wait and see, thnx bigmac i will take your advice and give them a call tomorrow before i file mcol. x

[rightfullymine]

hi lori, i think you should follow your gut instincts,, phone them if you feel you should,, or just go for it and file your claim,,

lori you are more confident now - go get em!!!

good luck ~ not that you need it

[eggopp]

Stop misbehaving, your being a bad girl... :o what?? Oh ok go get em then.. Lor you did it once and you can do it again... Lori for Prime Minister,,, shes a leader with 3 blobs !!

[rightfullymine]

hey lori, i got what i think is a fob off letter today,, please can you check out my thread, just to reassure me that its a normal one... it sounds quite final but i hope its ok..

 

appreciate your knowledge,, thanks lori.

[lori1]

hi guys, another update, well i haven't filed the mcol yet, but i have received a reply from nw, " our charges are fair and transparent.............blah blah " what a cheek!! after paying out on the other account you would think they woulld be embaressed sending that!! well the mcol will be filed on monday!! ( got a busy weekend planned!!)i will keep you posted! x

[Deller]

Just goes to show how automated their responses are with regards to our claims. Yes lori you would think they'd take notice of the fact that they've already settled one claim with you already, but obviously not. You know what the outcome will be through your own past experiences, but hey, if they dont want to settle early then they'll have to cough up the interest too.

[rightfullymine]

hi lori

just think how embarressed they would be if you dropped them a line pointing out the fact that they have already paid you back for taking your money from another account..

keep going ~ all power to lori!!!!

[lori1]

hi guys, well i have finally got round to filing my claim, done it today so the countdown begins again!! Filed with mcol today will keep you all updated with any news xx

[Stewpot42]

Hey Lori, good luck with your 2nd MCOL, must be on first name terms with them by now!lol!

 

I am mid-2nd claim aswell after just getting over 4K back from them, i have sent a rejugged prelim letter along the lines of :

 

I am writing to ask you to refund to me the charges which you have levied from my account between 21/07/06 to 23/04/07.

 

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. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

 

As I am sure you are aware, the recent media interest has highlighted the attempts by financial institutions such as yours to stall or dissuade claimants who are prepared to take legal steps in order to recover their penalty charges.

 

 

As you have already demonstrated that you agree with this conclusion by settling another case I brought to your attention, I now request you refund the charges that have been levied against this account in the above time period.

 

I calculate that you have taken £xxxxplus £xxxxwhich you have charged me in overdraft interest for the sum which you have taken. Total £xxxx.

 

 

I enclose a schedule of the charges which I am claiming with this letter.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

The bit in RED is the new bit, so heres hoping they might ACTUALLY read it!

[lori1]

HI stewpot, looks good lets see how it goes.................i think they just send an automated response to our claims but hopefully this may work best of luck x

[lori1]

HI all, claim issued they now have 14 days to reply...................so the waiting begins

[paul9803]

Hi Lori , Any news ?

[lori1]

HI paul, and everyone, no sadly nothing yet 28 days are up on thursday, i did suspect this one would not be paid out as quickly, i like so many of you am regularly checking the bank for mystery deposits!! i will keep you posted x

[paul9803]

Hiya Lori , did you get an acknowledgement or have you gone 28 days from notice of issue ? ( if so is that normal ? ).x

[lori1]

The best way to work it out paul is 33 days from the date your claim was filed through the courts.

The court allows 5 days for the claim to be deemed served, the defendant then gets 14 days to acknowledge the claim. Once the caim has been acknowledged the defendant then gets a further 14 days to file their defence. So in total it's 33 days. One good point to remember though is that once this time period is up if the defendant has not filed their defence, dont be too hasty in filing for judgement. The court will allow the defendant a couple of days grace, why I dont know, if this does happen and you've already entered judgement against them they will be able to apply for a set aside and this will only delay the proceedure further.

[kelly101]

i like so many of you am regularly checking the bank for mystery deposits!! i will keep you posted x

 

But it is a nice kind of OCD. I miss it in a way...

 

Fingers crossed it won't be long.

 

K.

[paul9803]

Hi Lori , that makes sense, thanks . time is ticking .x:p

[eggopp]

Anything Yet Lori?

[lori1]

Hi egg, nope nothing yet and my nails are disappearing fast!!

[lori1]

Hi all, well i thought the 28 days were up today!! but no i got my dates wrong!! i called the court today and they have until midnight tuesday to file a defence, so i'm quietly hoping for some good news in the next few days! i will keep you posted!!