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    • You can post claim forms on your thread if you edit the pdf to block out personal details. I think details of that are on our upload sticky.   HB  
    • The trading standards officer didn’t come back to me yesterday so I’m going to call her on Monday morning and just clarify that there is no further action she will be taking so I can proceed to submit the money claim form.    However before I do this, I just wanted your guidance on a few things please.    1.  Should I contact the trader to return his courtesy car as he has mentioned this to the Trading Standards officer?  I am not willing to drive an untaxed car, nor do I want to particularly drive to him even if he arranges the car tax, but do I contact him to arrange a suitable day / time for him to collect it from my mums address. ?    2.  Should I register my fathers car in my name? The DVLA were made aware that my father had passed but at the time, we were under the impression the car was being repaired and would eventually be returned back to us so that we could decide what we wanted to do with it (keep it vs sell it). The situation has since changed and I’m just wondering whether I should register myself as the keeper    3.  My father also had private registration plates on the which we want to keep. I know I need to fill in the relevant paperwork to retain the plates, however should I request the physical plates back from the trader? In hindsight I maybe should have included this in the letters that I sent to him, but is this something I can request via the money claim? In addition, when the keys for the car were given to the trader, they had a key ring of my son of when he was a baby. It might sound petty but I really don’t like the thought of the trader having this, so am I able to request this via the courts also?    4.  When I fill in the online money claim form, should I put my late fathers names as the claimant , i.e Mrs MY NAME as the personal representative of Mr FATHERS NAME (deceased)’.   5.  I also just wanted to have a final sense check of the wording of the particulars of claim as below.    The late Mr XXX, claimant, bought a Jaguar vehicle registration number XXXX XXX from the defendant for £10995 on 4th September 2019. Soon afterwards, the vehicle developed serious defects and despite defendant's attempts at repairs, it has continued to exhibit problems. The vehicle is in the possession of the defendant and has been with him for 21 months during the entire 22 months of the claimant's ownership. The defendant is fully aware of the nature of the defects and has been fully appraised. The defendant has supplied a vehicle which is not of satisfactory quality and the claimant has been fundamentally deprived of substantially for the whole benefit of the contract. Prior to issuing proceedings, the personal representative of the Late Mr XXX, claimant, sent a Letter of Claim to the defendant demanding payment. In the circumstances, the claimant seeks reimbursement of £10000   The one thing I am unsure of in the above  wording is the part where it says “….and has been with him for 21 months during the entire 22 months of the claimant's ownership”   Is the car still classed as the “claimant’s ownership” even though my father passed during this period and I haven’t registered the car under my name? Do I (as the personal representative/ executor) technically own the car?    I apologise for all the questions but I would really like to get this right to avoid any unnecessary delays / costs etc.    And I appreciate all your help with this   thank you 
    • Can I PM you the claim form as it has personal details? I did put in a defence. I believe it’s still open as on the government money claim website it states the claimant will be asked to go to mediation but nothing has happened. The claimant is a landlord for unpaid rent on an old tenancy.    The HCEO has already been…
    • I think there is probably a lot of confusion here. First of all it sounds to me as if there has been a judgement against you in the County Court. This judgement is for a figure greater than £600 and instead of using the County Court bailiffs who are not very effective, the claimant has had the matter transferred up to the High Court for enforcement by High Court Enforcement Officers who have a lot of teeth and will carry out a very robust enforcement. If I'm right, then there is a judgement already in place and you won't be able to get it set aside. I think you need to let us know a bit more what it is about, a copy of the claim form in PDF format would be very useful. Did you put in a defence? Why do you think the claim has still not been heard or settled? Who's the claimant? What is the value of the claim? Also you should be aware that High Court enforcement is very expensive and if the enforcement is successful then you will have the fees added as well which could be as much as £2000. There is no good news here at the moment.
    • I was reading a news article and thought that a UK Government minister looked about 65 so close to retirement.   I then read that they were only 46.    My thought for the day, is that if you want to remain youthfull looking, don't become a Government minister as the job will add 20 years to your looks.
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Tractorgirl V Nationwide


Guest TractorGirl
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Guest TractorGirl

Story so far

 

SAR sent 26th Jan

£10 cheque cleared 5th Feb

Discovered that I had indeed kept all statements in a folder, PRE LIM letter sent 28th Feb

Fob OFF letter no: 1 received 9th March

LBA sent 15th March - Delivered 16th

Today 28th March - Statements have arrived

 

Do I NOW have to revert back to PRE LIM letter stage or can I continue with my case and file a MCOL on 30th March

 

HELP NEEDED !!!

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Hi Tractorgirl

 

If the amount you have claimed isn't going to change, I would proceed with the court action. You could still include the £10 fee for your SAR in the total of your claim as the reason for requesting copies of your statements was to confirm the unlawful charges applied to your account, regardless of whether you had all the original statements to hand or not. Hope this helps and if anyone disagrees with me...it is only my humble opinion.:)

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i agree with pete, stick to your schedule, as long as you dont want to change what you are claiming for, but as he says dont forget your £10...

 

good luck keep going :)

Thank You For Helping Me, I Really Appreciate It. Rest Assured I Will Click On Your Scales

:)

If I have been of any help to you, please add to my reputation points by clicking the middle icon, at the bottom left. Thank You

 

Get wots 'rightfully yours' the CAG way: friendly & approachable - tried & tested - step by step - Great Results!

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Any advice is given in my opinion only, i have no legal knowledge whatsoever, only knowledge & experience gained from CAG.

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Guest TractorGirl

This WAS my plan

claim for the 733.00 which covers upto the day from which I first compained (since then they're has been another 20 un-authorised o/d fee)

My od is £1,000 and I am currently 920 into this, once the 733.00 has been returned my intension is to pay the difference less any future charges that have occured since then but have a face-to-face discussion with the branch as they and I both know the account will get closed anyway.

Or should I submit a 2nd claim once the outcome of 1st claim has come to a head.

 

What are people's suggestions ?

 

ANSWERS ON A POSTCARD PLEASE !!!

 

xxx

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i think i would put second claim in because i personally dont like face to face confrontation.

you can always be stronger and stick to your deadlines when placed in writing.. there is always a chance you could be swayed or mis interprited in a meeting with people who are trained in this area..

 

this is only my opinion as a starter for 10!! :D

Thank You For Helping Me, I Really Appreciate It. Rest Assured I Will Click On Your Scales

:)

If I have been of any help to you, please add to my reputation points by clicking the middle icon, at the bottom left. Thank You

 

Get wots 'rightfully yours' the CAG way: friendly & approachable - tried & tested - step by step - Great Results!

My Final Word,

Any advice is given in my opinion only, i have no legal knowledge whatsoever, only knowledge & experience gained from CAG.

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hi tractorgirl, i too agree with rightfully, i would go for the second claim as you know this works, why waste your time and energy when it seems the banks have no wish to play fair with us, and as rightfully said this is only my opinion too!!:)

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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TG

 

It isn't automatic that Nationwhine will close your account. Although the picture isn't clear, it does seem that generally they have now stopped closing them. It didn't happen to Lori a few weeks ago, nor others since.

 

There have been lots of complaints to the Ombudsman about such punitive action, and in some cases people have been awarded compensation for this too. Don't just assume the account will be closed, but be sure to have another account just in case.

 

Keep punching - I'm just a few weeks behind you with Nationwide.

 

Varangian Guard

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Guest TractorGirl

I have opened up 2 accounts with halifax now anyways and both will get credited with £100 each after 90 days with their new promotion.....Sweet

 

So I will not be fussed if nationwide do close it anyways as I have no use for it now

 

I will be completing and submitting the money claim this Friday

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Hello TractorGirl!

U may find that it has been known for Nationwide to try to scare U by cancelling your O/D, charging U for then having an Unauthorised O/D and threatening U with Default action if it's NOT repaid in Full, whilst your Claim proceeds through Court.

This has resulted in Claimants having to Claim a 2nd time to get these further unlawful Charges returned!

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Guest TractorGirl

Thanks MTM

 

I have notice that on 23rd March (the day where they normally charged the £20 OD fee) no fee was applied to my statement

 

Do you reckon they have frozen the charging whilst this is in complaint mode ???

 

I am filing the claim now, Do I add the statement re claiming stat interest in addition to my bog standard paragraph that I am claiming back my charges since May 05 ?

 

Answer Por favor ?

 

xx

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Guest TractorGirl

Do I use this template for the particulars of my claim

 

1. The Claimant has an account 3XXXXXXX5 with the Defendant, opened October 2004

2. Since /xx/xx/xx the Defendant debited charges and interest in respect of purported breaches of contract.

3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent.

4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law.

5. Claimant claims: (a) return of the amounts debited of £623.50; (b) Interest per S.69 County Courts Act 1984 of 8% - £41.46 continuing at 8% until judgment or settlement at a daily rate of £0.15

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.

7. Costs allowed by the Court.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from May 2005 to March 2007 of £41.46 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.15

Thanks and await urgent advices

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Guest TractorGirl

MCOL filed

 

Issued 2nd April

Will be deemed served on 7th

Acknowledged 4th

 

Do they have 28 days from Acknowledgement or from Served ?

 

TG

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They have 28 days from the date of service. I'm not sure how bank holidays are figured into that so you might want to give MCOL a call to verify it. Good luck!!

 

K.

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

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  • 3 weeks later...
Guest TractorGirl

Claim was served on 7th April and nationwide took 28 days to send 2nd fob letter on 18th April

 

Has anyone else experienced these slow responces ???

 

TG

:cool:

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yes tg, they seem to be snowed under at the moment, but keep at it i hope you dont have to wait too long now 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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mine was served on the 3rd april not heard a thing they were paying up just before the 28 days a couple of weeks ago now they are defending on the last day.

think the easter break has made them fall behind

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  • 2 weeks later...
Guest TractorGirl

Claim served on 7th April, 28 days runs out on 7th May. Nationwide intend to defend but no action as yet, still states acknowledged

 

I have sent nothing to charles Bacon yet ? should I ?

 

MCOL have a copy of my itemised charges

 

Is this standard procedure ?

 

TG x

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Guest TractorGirl

Hi Peeps

 

Bank charged amount received today but not court costs, interest or SAR fee

 

Another £131 to go

 

Wahoo

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Hi TractorGirl!

 

Well done so far!!!...;)

 

Please remember though that ANY monies paid to U are part of a TOTAL sum Claimed.

 

If they have submitted a Defence stating that they are defending the FULL amount of monies claimed, Nationwide do NOT have the right to apportion it to whatever constituent part of the TOTAL sum that they choose.

 

Methinks that U should/would have received the TOTAL sum Claimed by the date of this post, so...

Congratulations!!!...:D

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Guest TractorGirl

Hi MTM

 

I forgot to reply back on this thread to say that at 4.30 on 4th May, everything has been received bar the £10 S.A.R - (Subject Access Request) fee which I will claim with the 2nd set of charges occurred during the 1st claim

 

Currently have received screen prints from Lloyds, awaiting proper itemised transactions before I submit a claim to them

 

Wahoo

 

xx

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Guest TractorGirl

I have received a letter from nationwide - "DON'T DO IT AGAIN, WE'RE NOT A FREE BANK" BLAH BLAH

 

Its is just a shame that my 2nd claim for the last lot of charges (accrued whilst 1st claim was in process) was submitted yesterday in a pre lim letter

 

If they close my account on this occasion then so be it, am with the halifax now

 

Will keep the this post up-dated iro 2nd claim

 

xx

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  • 1 month later...
Guest TractorGirl

Hi guys

 

Re my 2nd claim, this was deemed served on 24th June and they have until midnight tonight to do so......Otherwise I am going to send in the "baliffs" for my £190, not claiming any interest as these charges were only added in April/May

 

TG x

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Hi again TG!

 

Personally, I would hold off Filing for 'Judgement by Default' for a few days!

...If U don't, U may have to face Nationwide applying for a 'SET ASIDE'.

This would DEFINITELY involve U having to make a Court appearance!...

http://www.consumeractiongroup.co.uk/forum/nationwide/97774-disco_dolly-nationwide-help-court.html

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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