What can I claim for? - **WON**

[taylormandy]

Can I ask for "unauthorised overdraft" fees to be returned? I am starting a claim for return of fees for bounced cheques, DDs etc, but am not sure about unauthorised o/d fees. Thanks in advance for any help.

mandy

[alanfromderby]

Short answer - yes. However, it is extremely important that you have a good read of the FAQ's and the step-by-step guide. It also recommended that you read through the threads on the Nationwide forum - this should take a couple of days, and will answer almost all the questions that you could ever think of.

 

It will also prepare you properly for what is a legal process that could (however remote the possibility may be), end up in court.

[taylormandy]

Thanks for the advice. I have spent days reading all the posts and FAQ's. I have sent off my preliminary letter today asking for the return of charges totalling £6931.67 and will keep the forum updated.

I just want to say thanks again to all who spend time helping people like myself.

Mandy

[barracad]

Good luck!

[taylormandy]

Just to update:

I've had the standard response to my preliminary letter, in which they "hope this has helped to clarify our postion and you will appreciate why I am unable to refund any charges on your account".

I don't think so!!

I am posting my LBA as per the BAG template on Monday.

Just one question - My claim is for almost £7000, but should I only claim £5000 to keep it in the small claims, if it goes to court?

I don't fancy paying all costs if it goes to court!

Mandy

[Don Quioxte]

Just one question - My claim is for almost £7000, but should I only claim £5000 to keep it in the small claims, if it goes to court?

I don't fancy paying all costs if it goes to court!

Mandy

 

Okay so you can sever the claim - that is to say, split it in two so that you have both claims running concurrently relating to the same account but each for, say £3500 - thus below the 5k cap - and thus you are protected in terms of liability for costs etc..

 

Having said that, there is an element (and I emphasise) an element of risk in that a bank could petition the court to have the claims amalgamated... thus i would suggest that you search "sever" on the forum and read the thread relating to claims in excess of 5K just to give you a better idea of what the options/ramifications are...

[taylormandy]

Thank -you - I'll do that.

[taylormandy]

My LBA was sent on 12.6.06. I have had the standard letter from the Member Relations Manager stating my "complaint" is being reviewed and that they have 8 weeks before I can involve the Financial ombudsman. Do I respond to this and confirm a claim will be filed on on the 27.6.06 as per my LBA. Or do I just ignore it and file anyway on 27th?

Another question I have is regarding "severing" my claim, which is just under £7000. From what I can gather, most of these institutions seem to be allowing the claim to be filed, stating they intend to defend, then paying up.

What I need to know is: If I file a claim of £7000 with moneyclaim online and they do defend and proceed to court, I am over the £5000 limit.

However, if I only claim for £5000 and they pay up before it reaches court, do I then just have to ask them for the balance or go through the whole procedure again for the balance. They obviously know the claim is for just under £7000, as this is the amount in my prelim letter and my LBA.

Hope this all makes sense, I would appreciate any advice!

Mandy

[taylormandy]

I would be very very grateful if somebody would give me their thoughts on whether I should go for the whole hog when I file my moneyclaim on next Tues in the hope they pay up before it gets to court. Or should I Just go for £5000 in case it does go all the way?

Thanks.

[Michael Browne]

£7000 claim would take it out of the small claims into fast track where the risk is that if it went to court and if you lost you would be liable for the banks costs.

Unlikely I know, but a risk nevertheless. Unless you are supremely confident I would err on the side of caution

 

I would make a claim for just under 5k and once that is settled claim for the remainder

[taylormandy]

Hi. The 14 days since my LBA are up tomorrow, so I will be filing my claim via moneyclaim. However, I'm having a problem with the excell spreadsheet to add the 8% interest. It worked fine to enter on all my charges, but on the 3rd page, the 8% column is just showing #value!

Has anybody else had this problem?

Is it 8% on each and every charge, or can I just work out 8% of the total?

I have decided to sever my claim as it is around £7000, so does the £5000 include the 8% interest, or can I take the claim up to £5000 and then add 8% ( which will then take it over £5000).

I hope this all makes sense, and that somebody can assist.

[taylormandy]

I need to submit my claim today via moneyclaim, but am having problems with the spreadshet to work out the 8% interest as described above. I really would appreciate some help here with the queries I have mentioned. Thanks.

[thewifeandI]

I need to submit my claim today via moneyclaim, but am having problems with the spreadshet to work out the 8% interest as described above. I really would appreciate some help here with the queries I have mentioned. Thanks.

Hi Mandy (I assume)! What are the problems you are having with the spreadsheet?

[taylormandy]

Hi (yes it is Mandy!)

The spreadsheet worked out fine when I was entering all my charges, and adding the interest on the overdrawn balance was fine. My problem is now that I am at the Moneyclaim stage, I need to add on the 8% interest. All it is showing on the 8% interest column is #value! I'm not sure what is wrong. I assumed the spreadsheet worked out the 8% automatically.

17.02.2000cheque card misuse fee17.50#VALUE!

18.02.2000unpaid direct debit fee25.00#VALUE!

29.02.2000unauthorised o/d fee 10.00#VALUE!

31.3.2000unauthorised o/d fee 10.00#VALUE!

31.3.20000.00#VALUE!

5.6.2000unpaid cheque fee25.00#VALUE!00/01/19000.000.009.6.2000unpaid cheque fee25.00#VALUE!31.5.20000.00#VALUE!

I hope this explains what the problem is!!

Thank you for your help!

 

 

oops - it hasn't copied and pasted properly, but hope you can perhaps see what I'm getting at!

Mandy

[dolly]

What seems to have happened is that the calculation code has been deleted from those fields so it is not multiplying the number of days by the interest rate to give you your figure. All you need to do (!!!!!) is find the original code, highlight the cells and paste the code into each one

 

I'll have a quick scout and see if I can find it but I am not a wizz at excel so bear with me!

[taylormandy]

Thank you so much!

[taylormandy]

I have worked the problem out!! I originally entered the dates on the spreadsheet as e.g. 12.04.2001, BUT the formula doesn't recognise this. It needs to be in 12/04/2001 format. I hope this helps anybody else having a similar problem.

Bis thanks also to "dolly" who has also tried very hard to help me out. Moneyclaim will be submitted today!!

[taylormandy]

:D :D :D

I checked my bank balance today and found I had been refunded all of my charges (just under £5000). I haven't yet had my court costs or interest as yet - I assume I will get those in the coming days.

Once this is settled, I will go back for round two!! ( My original amount of charges came to just under £7000).

So all of you going through this process - YOU WILL GET YOUR MONEY BACK!!

p.s I will fill in the survey when I get the costs and interest back, but I will donate today!

[Michael Browne]

Fantastic news,well done. From start to finish equals about £1000 a week!! Nice work!

The donaion is much appreciated.

 

Now go and enjoy!!

[thewifeandI]

I checked my bank balance today and found I had been refunded all of my charges (just under £5000). I haven't yet had my court costs or interest as yet - I assume I will get those in the coming days.

Once this is settled, I will go back for round two!! ( My original amount of charges came to just under £7000).

So all of you going through this process - YOU WILL GET YOUR MONEY BACK!!

p.s I will fill in the survey when I get the costs and interest back, but I will donate today!

Excellent news - I had the same as you, first the charges only paid into my account without notification, so I phoned them and was told that the interest and costs would be paid overnight. Well done!

[Tobes]

thewifeandi - when you say they paid you interst, was that the 8% court interst?

[juicy]

Well done Mandy, I am filing my claim online tomorrow.

 

Wish me luck. xxx

[weePam]

Thats great mandy!!

 

I also have unauthorised overdraft fees to claim back - counting the exact total tonight!!! Fingers crossed i get it back as major no money situation with me just finishing uni too!!

[Tia Tiara]

Well done!

 

I was a bit worried about claiming over £3,400 but you've proved that they will refund larger amounts, and they haven't closed your account!

[dolly]

Well done!

 

I was a bit worried about claiming over £3,400 but you've proved that they will refund larger amounts, and they haven't closed your account!

They will do - I will bet my lifes savings that you will get a letter in the next couple of weeks saying it will be closed as you are not willing to abide by their terms and conditions.

 

Everyone so far that has had a Nationwide claim settled, as far as I know, has had, or is in the process of having, their account closed.

 

Mandy, can't see I have said this publically but I know I PM'ed you, so

 

CONGRATULATIONS :)