Megellen V Nationwide

[Megellen]

Hi all,

 

This is my first 'fighting' post.

Have spent the last four weeks reading posts and info on this site and am pleased to read so many success stories - well done to you all!!!

 

Finally sent my own SAR to Data Protection Team by recorded delivery on Saturday 30th March. Royal Mail site says it was delivered today but receipt will not be available online for 1 - 3 days.

 

So the fun begins!!! ;)

This one is for all the stress, sleepless nights and avoided phone calls between 2001 and 2006!!!

 

Can anyone remind me when the 40 days begin - is it from date of posting or delivery. Probably an obvious question but would like to know if I have to wait until 13th or 9th May for my statements. Also, is it working days or inc of weekends & bank holidays???

[Michael Browne]

40 calendar days from when they receive your request + fee.

[Megellen]

Thanks Michael,

Forgot to mention - I did remember to enclose £10 fee in form of PO

[quality]

Megellan,

I don't know wether you sent it recorded delivery but if you do you can track the receipt date on the royal mail web site.

[Megellen]

Hi All,

Have not been on site for a while.

MOH and I manage a holiday park and the last 4 / 5 weeks have been manic - too much sun!!!!! Too many tourists!!!!

Have not yet received statements from NW and as their 40 days are up on 13th May, wondered if they usually take the deadlines to the wire.

Mrs is taking on Abbey and after 3 days had an acknowledgement from Abbey.

Me - nothing at all from NW yet.

Is this normal??

[petewill19]

Hi Megellan

 

Based on threads I have read over the months, this is standard for NWide i.e. poor communication and you may well find that they will need to be prompted into action as there have been more than a few S.A.R.s that have exceeded the 40 days recently. Hopefully for you, they will be getting their act together and dealing with the demand and you won't be kept waiting too long. Good luck

[Megellen]

Hi all,

Just an update and another query.

Here I am, expecting a file, full of the past 6 years statements from NW when today to my surprise, by recorded delivery, I receive 4 sheets of paper!!!!

The covering letter is the usual dross.

The other three pages are a 'statement of charges' applied to my account from 07/04/2001 to 16/10/2006. These charges total £2500.16!!!! :)

 

My questions are:

 

A/ Do I need my statements or can I take this figure as correct? Anyone else had this 'statement of charges'?

 

B/ If I don't need my actual statements, can I now add interest (8%??)

and proceed with my LBA ?

 

Panicking now - everything seemed so straight forward when reading others threads.

 

Please advise / help.

 

Cheers 4 now!

[Megellen]

Just an update on my claim.

Now bank hols are over, I have put charges into the correct template (hidden interest column), printed off and today have sent prelim letter and schedule by recorded delivery to NW.

Total charges reclaimed = £2311.50

Total interest due back (@ 8% to date) = £464.04

Total Claim = £2775.54:D :D

 

Bring 'em on!!!!!!!!!!!!

 

Just a quick question.

MOH has sent SAR to Barclays via recorded delivery the same day as one to Abbey Nat (17/04/07).

Abbey has acknowledged receipt of SAR by letter (dated 23/04/07). This letter also states that they will take the 40 days to comply from 20/04/07 - fair enough!!!! 30th May (by my reckoning!!)

We also were able to track the delivery on Royal mail website.

The same website has no record of the rec. del. to Barclays!!

Both £10 fees were paid with Nationwide counter cheques (are these traceable once debited from your account?).

If we have nothing from Barclays within the 40 days, can we get them on non-compliance (if proven that cheque has been cashed?

I can't see any other way of proving delivery. PLEASE ADVISE :|

Will open thread on Barclays site v.soon.

Thanks

Kev

[Megellen]

UPDATE!!

Have just received letter from 'Customer Experience Team @ Nationwide.

Is this standard letter?

Their 14 days to respond to my prelim expires on 24th May. As they have responded in good time can I now follow up with my LBA or do I need to wait for the 14 days to pass first?

:confused: Sorry for being a techno phobe, but - how do I attach scanned copy of letter for you all to peruse?

[Megellen]

Hi Again,

This is a copy of my proposed LBA. Views please!

Do I send to the 'Customer Experience Team' (What a great name!!), based at Swindon.

On the response from them to my prelim, they quote a Log ref number - do I need to quote it?

"I acknowledge receipt of your letter dated 16 May 2007, the contents of which are noted and disputed.

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.

 

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 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 a total of £2311.50. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 9th May 2007.

I now require repayment in full of this money. If you do not comply fully within 14 days then, without further notice, I shall begin a claim against you for the full amount plus interest plus my costs."

Thanks for help & advice.

Meg

 

 

 

 

 

[Megellen]

LBA ready(ish) to go off.

Can someone pls advise on the following points.

(See above post - sorry for reproducing what is basically a template letter):-

 

Do I send LBA to the 'Customer Experience Team' (What a great name!!), based at Swindon?

On the response from them to my prelim, they quote a Log ref number - do I need to quote it?

 

Thanks,

Meg

[chunky1977]

Hi Megellen,

 

As you gave NW 14 days to reply you need to wait till the 14 days are up before you send off LBA.

Its always best to go with timelines you have given otherwise they may find a small loophole for their defence i.e not given enough time (even if they did reply within the timeframe).

 

As for where to send it off to, I sent mine to Pipers Way address

 

Good Luck, and remember YOU WILL WIN

[Megellen]

Hi All,

Just an update.

LBA received by NW on 25/05/07. 14 days up yesterday (8th).

Have not received anything back from them yet. Do I wait a few more days? Do I write again giving them a further 7 days? Do I proceed straight to court action?

Please advise!

Thanks

Meg

[libby21]

Hi...They've had their 14 days to reply to LBA. So, on Monday you should file with MCOL, or your local county court.....GOOD LUCK:)

 

 

Served 4th May, settled 30th May...£1597 + costs and interest. :)

[Megellen]

Can someone please help quickly?

What is the address used on MCOL defendants details?

Is it:-

Nationwide House,

Pipers Way,

Swindon

SN38 1NW

????????????????????

 

Cheers,

Meg

[libby21]

Hi Megellen...Yes that's the correct address for defendants details, whether you use MCOL or file at local court:) GOOD LUCK

 

 

 

Filed claim 1st May

Served 4th May

Settled in Full 30th May!

[Megellen]

Thanks for the quick reply Libby,

Am just filing in MCOL in another browser window as we speak.

Filing tomorrow AM.

Will keep you posted!!

 

Meg

[Megellen]

AAARRRRRGGGHHHH!!!!!

Just got to the next page......................!

Are there any links on here to what wording I should use under the MCOL's 1080 charecters of 'Particulars of Claim'??

 

Meg:confused: :confused:

[Michael Browne]

See here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

there is a link to MCOL POC's

[Megellen]

Another update.......

 

Like so many others, had to wait until payday to file with MCOL.

Filed on Friday 29th June.

MCOL website tells me that it was 'issued' on 2nd June. Is this the same as 'served'.

Am getting a bit nervous with all this now and against all advice, I have 3 other LBA's ready to go off.

How do you add the footnotes to the bottom of posts that I see so often - very useful to keep track of dates etc!!!

Meg

[saintly_1]

No issued is not the same as served

5 days from date of issue its deemed served

14 days from served to acknowledge

28 days from served to defence to be put in

 

hope that helps

[saintly_1]

To add things to the bottom .... go to user cp then edit signature ..... add whats needed there

[Megellen]

Back to my claim!

 

At what point, now papers have been issued but not yet served, do I need to forward to MCOL and N/W copies of my schedule of reclaimed charges? Does the N/W copy go to the address on the court papers or do I wait and send them to their solicitors when I have their details?

 

Meg:? :?

[saintly_1]

Have a read of this http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

 

Tells you when to send them and the covering notes

 

 

 

saint

[Megellen]

Thanks Saintly,

 

Read through that and have written my letter to MCOL.

However..............................

have just found an error!!!!! Aaaarrrrrrrgggghhh!!!!

Did not alter my total claimed on saved MCOL form before filing.

Now when I look at interest spreadsheet, the interest has gone up by approx £8.00.

Will this be a MAJOR problem?

What can I do now??

Please can someone advise??

Meg