TIATIA V NATIONWIDE (Scottish but claiming in England)

[tiatia]

Hi, Just going to post my first letter asking for my charges back. Wish me luck.

I live in Scotland but my claim is for £4000 with the interest added on so will be claiming via the english courts.

If anyone has any tips about this please let me know as I must admit I am a bit nervous.

One question at the moment though if anyone can help - at the moment my letters have my scottish address on them. Do I only need to use the english address for the MCOL?

Thanks:D

[lori1]

hi tiatia, good luck i too live in scotland and i recently won my claim with nationwide ( just under 4k) and i used mcol, i used my aunts address and this was fine, much better than the paltry 750 we can claim up here!! my aunt only received two letters for me and she scanned them up to me then sent them on........ best of luck with your claim, let me know how you are going to do it. x

[libby21]

Hi Tiatia....I live in Scotland, but as I don't have an English address I can use, I will befiling my claim in Berwick upon Tweed, the nearest English County Court. You can do it all by post (unless the bank defends, and you actually have to appear in court there, but this is unlikely.

[libby21]

Hi again Tiatia, Are you claiming back five years ,or as you're filing your claim in England, 6 years? Can't find anything inthe FAQs about this:-|

[tiatia]

Hi Lori and Libby....thanks for replying.

I haven't quite decided how I am going to do it yet just that I am going through the english courts because of the amount,but hopefully everyone with their insight will be abe to help. I,m off on hols this week and next so basicaly trying to read up and get everything prepared as I intend to fight all the way!

I have used my own adress on my first letter and will use my own address on my letter before action. This is when I make the decision re the courts.

1. Do I now use a friends address in England and do it mcol or do I use my own address and find the first court over the border in England nearest to me? Either way because of the amount I am prepared to go in person if they wish me to appear. Any advice appreciated.

Lori, you said your aunt only received 2 letters, are you able to say what these were for?

Libby, my first charge was in Jan 02 so I am claiming from then.

[lori1]

hi again tiatia, yes the letters my aunt received on my behalf were the acknowledgment of service and then the notice of issue, i found this way very straighforward, however i must point out that there is a chance it could have been moved to a local court which could possibly have been in northampton, i too would have gladly went down there for a few days, best of luck and let us know what you decide to do. enjoy your hols!! x

[tiatia]

Hi all, just a question if anyone has an answer.

I am claiming off a joint account but I am claiming independently in my own name. If there were more charges that could be claimed because I missed some out could my husband then claim these independently at the end of my claim?

[lori1]

if you have missed them out just add them on now....you haven't filed at court yet and this should be fine..............the worry would be that you were stopped later for already claiming.although i'm not sure about this........hopefully someone will come along and clarify. x

[tiatia]

thanks Lori

I feel a bit stupid now because on my letter I claimed for £3400 of charges. Even though I thought I had read everything I was a bit confused and didn't realise I could claim for cheque card misuse fee and unauthorised overdraft fee. This would then take it up to near the £5000 mark excluding any interest. When you say "the worry woud be that you were stopped later for already claiming" did you mean in relation to a second claim? do you think I should know redraft a new letter and start again or just send a letter stating I had missed these out and they are to be added on and keep to my original timescale?

help much appreciated anyone. thanks

[happyolddog]

Hi Tiatia,

 

Not to worry. You will be fine the total amount can be submitted at court bundle stage, including all of these other charges.

You will have to compile a full list for your spread sheet and the new total for the court,The bank will check the amount.

I did pretty much the same with Halifax and their total was more than I had asked for.

 

Good Luck,

Happyolddog.

[tiatia]

Hi all, just a quick update. Nationwide did not respond to my first letter!

 

Sent off LBA on 26 April. I updated on it the charges we were claiming so it amounts to over £4000 now. As I had put the interest on the last letter(my mistake) I left it out this time but stated that I would claim interest if it went further ie they did not pay me back my charges.

 

I am going to do it by MCOL - am I right in saying that I can start filling this out on the computer in preparation for them not replying to the LBA?

 

Any help appreciated. Thanks.

[libby21]

Hi Tiatia....Don't know too much about MCOL (Lori will keep you right on that).I filed my son's claim (about £1900 all in) at Berwick and Morpeth County Court, and it was deemed served yesterday, so here we go. I didn't have an address I could use in England, so it was the only way to go. My son and I are quite prepared to travel to Berwick if it reaches court, having had some lovely weekends there at the Holiday Centre! The good thing about doing it direct with the court, is you send 3 copies of N1 and schedule of charges at the time, and the court takes care of distributing them for you, unlike MCOL. If you want the address of the court in Berwick just let me know. Good luck,

[lori1]

HI Tiatia, and yes your right you can fill it out in preperation, you can save your work on mcol and be ready to hit the submit button as soon as the LBA time is up, be sure to check that they have recieved your LBA if you sent by recorded delivery you will be able to access this information using the track and trace facility on the royal mail website. best of luck to both you and libby xx

[libby21]

Thanks Lori....will keep you informed of any progress!

[lori1]

I hope you do, any worries just post them xx

[tiatia]

Thanks, am going to start on this now!

[tiatia]

Hi, Nationwide have now replied to our second letter with standard reply.

 

Have started to fill in and prepare my MCOL so just have a few questions if anyone can help.

I know some may sound silly but I found it quite scary!

 

1.Lori1 if you are out there or anyone who lives in scotland but claimed in england

In claimants details - There is a box for REFERENCE DETAILS for the service address which is my own reference that will appear on the claim form sent to the defendent - any suggestions as to what I should put in here?

2. I presume the defendant was an organisation -Yes? and no second defendant-Yes. I don,t send it to Charles Bacon as an individual- no

3. I used the nationwide registerd address from this website- they came back with Nationwide Bldg Soc, Nationwide House, Pipers Way, Swindon, SN3 1TA. I stuck with the one on this website, is that ok?

4.On the POC it states "the defendant debited charges and interest in respect of purported breaches - I am not claiming overdraft interest so should I take the interest bit out?

On the POc no 7 it states Costs allowed by the court - is this the court costs.

5.It is a joint account and we both have the same authority on it. Mcol only allows for one name as claimaint. I,ve done it in my name. Is it needed for me to put my husbands name on it anywhere in the Poc's or state that this claim is for both of us?. I am a little concerned because they never replied to our first letter in my name only but replied to our joint letter so would prefer to be prepared.

6. Could I start preparing my spreadsheets now and then update them by updating the date?

 

Hope anyone out there can answer my questions and reassure me and look forward to hearing from you.

[libby21]

Hi Tiatia...Michael Browne has an excellent post called GETTING MCOL RIGHT posted on 4/03/2007. (I don't know how to do a link to it, sorry) Lori will probably know all the answers to your questions, but this post makes it very clear what to do......good luck

[kelly101]

Hiya,

 

Don't know much about MCOL or claiming in Scotland, but I can do links:

 

Getting MCOL Right

 

K.

[tiatia]

Update - Filed MCOL today the 13 May 2005. £120.00 is a lot of money but hopefully all worthwhile. Tomorrow I send off 2 copies of charges with covering letter (next day special delivery) to MCOL.

I keep thinking I,ve done something wrong but I suppose thats natural!

[tiatia]

qq

[tiatia]

Do I now pm a moderator with the claim no, the bank and the amount claimed. Do I also put my real name not my user name?

[tiatia]

Update - Nationwide acknowledged on 17 May!

[libby21]

Hi Tiatia....Nationwide acknowledged claim on 9th May, and have 28 days to file defence (6th June). Do you know yet if they intend to defend yours?

[lori1]

well done guys you seem to be doing very well, hopefully we will all have our money soon!!