Muffintop V Nationwide

[Muffintop]

Nationwide have defending my claim and said they have paid me back the total money. But.... they have put the money in small amounts in 3 different accounts I hold with them, one of them a joint. surely they cant do this as the claim in question relates to one specific account, would this invalidate the money they have put back and allow me to take it to court stage. N9 is here waiting for me to say if I agree or disagree but Im reluctant to proceed when i think I may have in any case overcharged them for the 6 year period on this account by looking at the statements and the notice of charge. (when i did this claim couldnt find a template for the bank statements, if anyone can locate it pse tell me as cant find in the templates and want to get the next two right) if we were looking back further than 6 years then they would most definately owe me loads more but that wasnt my original request so i think I may have to do that separately? I dont want to go to court only to upset the judge cos Nationwide can prove that the figures I submitted are wrong and then I end up paying their costs but Im mighty naffed off. I also want to charge wasted time charges does this also incorporate special delivery letters? I know this is lengthy but I really need guidance on this. skeggza

[Muffintop]

oh and they have also gone over their 40 days for a sar request and have banked the cheque, rung the financial ombudsman but they said they cananot help as they dont offer legal advise, what do I do? pse skeggsy

[c_allen]

have you already started court procedings?

how did you work out how much they owe you if you're still waiting for the sar info?

[saranev]

Hiya Skeggs

Am just starting a claim against Nationwide Credit Cardfor my sister

which address do i send my sar data protection letter to?

 

Do you think they use different addresses to confuse us NORMAL folk hahaha

Cheers Mate

Any help appreciated

[Muffintop]

I posted everything to the address at Swindon which is on the cheque books and their correspondance in the past. personally I posted everything recorded delivery but I have seen others send special next day delivery (this is costly and I would save it for the really important letters when you are batting back and forth just b4 court)

skeggsy

[Muffintop]

just another observation, they are not sending statements within 40 days now! if you have more than one account with them one cheque covers all, ask for info on all the accounts so you dont have to wait next time, you can do your claims one at a time. they are being very underhand beware.

[Muffintop]

just another observation, they are not sending statements within 40 days now! if you have more than one account with them one cheque covers all, ask for info on all the accounts so you dont have to wait next time, you can do your claims one at a time. they are being very underhand beware.

rang the data protection team, actually quite surprised how helpful they were, got the statements that were outstanding the next day! but as one account was a joint initially with my ex husband only got the past 4 years when it was in my name, now written and he has agreed for them to release the rest. Interestingly they have said I can have statements back to 1990!

[Muffintop]

this is my 3rd claim. My first one was for my son. won, my 2nd one for me and won.

My 3rd one is for myself but had trouble getting the statements, the information commissioner threat did it and got the statements the next day after ringing their data protection team, they also told me that I could have back to 1990 and they had forwarded to the archive dept in Northampton. If I do get back to then will be over the moon and go for the pre 6 years.

[Muffintop]

Has anyone got a problem with receiving a list of charges instead of the full statements after a sar request? noticed other threads are not happy with this incase its not concise enough and have hidden agendas. Iv got this on this occassion when my first claim was all the statement copies. should I be mistrusting of this and insist on the copy statements. Skeggsy x

[m.j]

Hi Skeggsy yep i only got a list of charges instead of the statements but it had on all i needed so i was quite happy.

 

Marce x

[Muffintop]

Be carefull they cannot be trusted! thought they were doing me a favour not sending the copy statements and breaking it down, but how can you trust this is correct information? I now realise why they put my last court claim into 3 of my accounts... they knew that if you win you will go for the next account and it confuses matters for everyone about how much you have been charged because they have shown a refund on the wrong account the breakdown of charges I received for my 2nd claim isnt correct cos the data protection team think my charges have been refunded,,,, they havent they were from another account. I have now asked three times for my statements to be sent and not a breakdown of charges but they are not adhering to my request... so much for thinking I would get post six years, all hot air. Im not giving up and am going to write one more time saying this is not acceptable I WANT THE STATEMENTS not your breakdown and if you dont reply within 7 days then I will be complaining to the ICO (they have a complaint form on the web apparently).By the way THEY DO HAVE post 6 years statements its just getting hold of em.SKEGGSY XX

[Muffintop]

Have now reported Nationwide to Consumer Information Commisioners Office for failure to provide proper statements. Have been reading some other threads on this and I feel that not being sent the full statements and getting a breakdown of charges instead could make life difficult if it actually went to court stage. Evidentially you would need the statements and from my charges experience they are not correct, expecially if you have more than one account with them and have already won a claim out of court.skeggsy x

[Muffintop]

Now reported Nationwide to financial Ombudsman and the Information Commissioner, they are really naffing me off by not sending the actual statements but a breakdown of charges these are not going to be good enough evidentially for a court case if it did go that far and in anycase they are not correct, beware, how do you know if they are containing EVERYTHING or just what they choose to put you cant check properly without the statements. I dont know what else to do in order to force their hands, have heard you can take it to court but not sure of the process and it will def make them close all 3 of my accounts. any suggestions. skeggsy xx

[Muffintop]

Still not managed to get the statements that were promised pre 6 years. However did get the ones that I have been throwing myself about over going back the obligatory 6yr period, then get a letter from their Data Protection Dept saying they cant send them cos they havent had the ten pound fee. what rot! this is all info that will be going towards a wasted costs and unreasonable behaviour claim. Financial Ombudsman has given them 8 weeks to refund the monies they owe on the account and they have acknowledged this.

[Muffintop]

Hya, having claimed twice post 6 years, and put in my wasted costs app on one of those. I have today received my statements on two accounts pre 6 years. from 1991 and 1993 onwards.

There doesnt seem to be anyone on this forum who has as yet won on just pre 6 years and not combined the whole lot, Im a novice and will need lots of help but Im planning on going for it and though you might like to read the thread from start to finish. All advise re limitations act appreciated.

[kennythecelt]

Hi Skeggs

I am going to go through your posts.

I am very interested. I am no use on legal side at all unfortunately but happy to help as it will aid my learning curve.

Good luck and I will get back to you. I hang out in BoS/ Halifax. Good crowd there. See Dusary thread, would be worth a look.

[McWILLS]

Hiya Skeggs,

 

I have just sucessfully claim the 6 yeras from Nationwide and am interested in taking previous years from 1991 to 2001 as I incurred alot of charges in these years. My claim has just be paid and totalled nearly £6,000 in the six year period 2001 to 2006 (still waiting for the interest and court costs but they will be paid soon) and would love to take them for the previous years as they caused great hardship and nearly lost my house so would be interested to see if it was possible.

[Muffintop]

did you apply for the court costs and the wasted time before you agreed to the case being completly finalised?

[McWILLS]

Hiya Skeggsy,

 

My case is not finalised yet they only paid me on Friday (8th June) and the interest and court cost are on the N1 form submitted to the court so they still owe me another 1,400 yet. They have until 13th June to put in a defense which I'm guessing will be Claim already paid so waiting to see what they do first.

[Muffintop]

I claimed on one of my 3 flex accounts in April, it was my first claim and I was new and overcharged by taking the charge from the statement and the notice of charges. All was not lost and I was very pleased for myself at having won my claim, I was confused however as to why the Nationwide had chosen to pay my money back into all of my accounts and not the one it was relating to. I could see that there was something underhand going on and realised that when I went to claim on a 2nd account of mine it appeared form the schedule of charges that they had already refunded any charges on that account due to the refund showing, which I believed related to my original claim. Hope your still with me.. read on... I thought I would take the lazy persons route and see if the Financial Ombudsman could sort the claim out for me without me having to go to court stage and send loads of letters. how wrong I was, I was also elated that I had managed to get statements going back to 1991! after lots of phone calls with the legal team today the penny finally dropped. Nationwide had me on a technacality... as I filed my claim online money claim, it was my first claim and had followed the wording to the tee BUT I had failed to put my Nationwide account number of the claim, therefore when they defended the claim because they had paid the money back all beit into 3 of my accounts I had signed to say it was full and final settlement and not realised that the charges were infact not just from this account but from all three. Unless there were new charges I could not claim again. I am now left wondering if I can actually claim on my 2nd account and incorporate pre 6 years with current charges as I was under the impression you would stand more chance of avoiding the barred by virtue argument, when there are no current charges remaining as I have unwittingly signed to say the claim is done and dusted before it even went to court stage. Need some advise if anyone understands what Im waffling on about, feel gutted that I was so stupid and that they have managed to have me over.

[crazyworld]

Hi Skeggs, certainly seems to be rather underhand tactics by the Nationwide again. I'm sorry I can't give you advice on this, but I wish you the best of luck, and hope you manage to get all your money back.

[Muffintop]

tnx for support

[MARTIN3030]

5 threads merged