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Mullin V Nationwide, refused, what next


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Hi, my 1st post here and im not sure if my case is going well or not...

 

I have got to the stage of threatening legal action using the letter templates and have just recieved a letter from NW stating that i had agreed to the terms and conditions upon opening the account and that if im not happy to take it up with the Financial Ombudsman Service.

 

What do i do now, order the small claims pack?

 

Many thanks.

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Guest ChloeJane

Hi there!

 

You are doing just fine if you have got to this point - so confidence for the next!

 

You can order the pack, or you can do it online its that simple.

 

If you are filing through your local court on the N1 format, then the links below should see you through the process.

 

The first link is the template form found here -

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

You will need a fresh N1 form here -

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

It opens as a PDF document and can be edited online. Saves ordering the pack.

 

Hope this helps and any problems post back !

 

CJ

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Hello twdmullins!

U do not make it clear which Template Letters U have already sent??

Both the Preliminary Letter + Letter before Action mention that the Claimant will proceed to Court unless he/she receives a satisfactory reply.

The letter that U seem to have received from Nationwide is just a standard "Fob-off" letter.

The "Small Claims Pack" does NOT have to be purchased to proceed a Claim.

However...

It does contain some useful info and further reading that some Claimants may find invaluable and can add to a Claimants all round knowledge of the Small Claims legal process.

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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Thank you for the replies so far. My last letter was as follows;

 

This letter is in reference to my earlier claim for £**** made 27 march 2007

I have not received a satisfactory response to my earlier request for charges which I believe were unlawfully applied to my account.

Under the Unfair Terms in Consumer Contracts Regulations 1999, charges must reflect administration costs and cannot be punitive.

The £**** charges are unlawful as they do not reflect the true cost of going into an unauthorised overdraft. As a result, I intend to claim the full amount plus interest and court fees through the county court.

I look forward to a full response to this letter within seven working days, otherwise I will commence court proceedings.

Yours faithfully,

 

 

 

So am i correct in thinking i need to fill out the small claims letter now? Also if i am to do that there are two courts in Southampton and im not sure which to use...Southampton Magistrate Court or Southampton Combined Court center.

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...there are two courts in Southampton and im not sure which to use...Southampton Magistrate Court or Southampton Combined Court center.

A Small Claim needs to be filed @ a County Court or via MCOL.

How to make a claim

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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Well that is the claim completed online, i hope the address was correct as the check option failed, i used the address on the letter they replied to me with;

 

Member Service

Nationwide Building Society

1st Floor, Old Building

Kings park Road

Moulton Park

Northampton

NN3 NW6

 

(hope its not against forum rules posting that)

 

Well fingers crossed and i will update when i hear something, how long should i wait?

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Hiya Twdmullins,

 

I can't find the link to the address right now, but I think I used Swindon. I wouldn't worry about it too much, They can request another address to be used on their Acknowledgment of Service which will probably arrive within the next week, following the Notice of Issue

 

Good luck with your claim.

 

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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...i hope the address was correct as the check option failed, i used the address on the letter they replied to me with...
The CORRECT address to use on the N1 Form or MCOL is Nationwide's REGISTERED Address...

 

#3 of the following link:

http://www.consumeractiongroup.co.uk/forum/nationwide/74992-nationwide-contact-information.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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Hi MTM,

 

I knew if anyone could find the link for the address it would be you. :rolleyes::)

 

I used the registered address in my claim, but they asked that another address be used for all correspondence on the Acknowledgment of Service. How strange. :confused:

 

I never questioned it, and it never affected my claim anyway.

 

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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  • 2 weeks later...

Ok, I have just had Notice that Acknowledgment of Service has been filed sent to me and NW has ticked the box that they will defend all of the claim, im not holding out much hope of winning this one now.

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Hi mullen, nationwide always defend their claim, i won a case in march which they said they would defend but they paid up before the 28 days was up, this is just another stalling tactic nothing to worry about. best of luck 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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Hi mullen, nationwide always defend their claim, i won a case in march which they said they would defend but they paid up before the 28 days was up, this is just another stalling tactic nothing to worry about. best of luck x

 

 

Fingers crossed i hope i get the same result, out of curiosity how many days did you have to go before they paid up...just so i can keep a rough time scale.

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Hi mullen, on my last claim they paid up 25 days after filing at court, but not on this claim they seem to be taking it to the wire now but i hope not to wait much longer.

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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Hello twdmullins!

Ok, I have just had Notice that Acknowledgment of Service has been filed sent to me and NW has ticked the box that they will defend all of the claim...
Here's what to expect next (10 pages)...

 

The defendant disputes all or part of my claim

 

 

 

...im not holding much of winning this one now.
???...I don't understand???

Is it a dialect of Swahali??

No...hang on...

I THINK I can just recognise a trace of an ancient Indo-European twang and can pick out the odd word?!

 

Try this...

...im not holding much of winning this one now.

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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  • 4 weeks later...

Congratulations twdmullins!!!

 

http://www.consumeractiongroup.co.uk/forum/nationwide/98915-mullins-nationwide-i.html

 

Does my last Post now mean that I can officially put 'Linguist/Translator' on my C.V.???...lol...: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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Congratulations twdmullins!!!

 

http://www.consumeractiongroup.co.uk/forum/nationwide/98915-mullins-nationwide-i.html

 

Does my last Post now mean that I can officially put 'Linguist/Translator' on my C.V.???...lol...:D

 

LOL, these banks do push you to the limit sometimes and test your nerves, could not have done it without the help from here :D

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hi and congrats, feel like i will be one that doesn't get anything at the mo! how long did you wait b4 they put in a defence, have acknowledged my claim which was deemed served on the 29th may but so far no defence, also does anyone know if i count the 29th as day one of the 28 days? cheers

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hi and congrats, feel like i will be one that doesn't get anything at the mo! how long did you wait b4 they put in a defence, have acknowledged my claim which was deemed served on the 29th may but so far no defence, also does anyone know if i count the 29th as day one of the 28 days? cheers

 

 

I felt i would get nothing like you, then the letter arrived saying that they would defend everything a few weeks later, fear not, they are all delaying tactics and they cut it fine, next thing i know is there is a letter on the door mat saying they have paid up in full along with court costs.

 

I felt like giving up especially when they said they would defend....just hang in there, you will get your money :)

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hi and congrats, feel like i will be one that doesn't get anything at the mo! how long did you wait b4 they put in a defence, have acknowledged my claim which was deemed served on the 29th may but so far no defence, also does anyone know if i count the 29th as day one of the 28 days? cheers

:oHI LESLEYAWASH.

KEEP ON WITH YOUR CLAIM AND DONT LOSE HEART...

NATIONWIDE DEFENDED MY CLAIM THE DAY AFTER THE 28TH DAY AFTER I HAD FILED FOR JUDGEMENT BY DEFAULT THAT WAS YESTERDAY!!!!!

TODAY THEY PAID £3320 INTO MY ACCOUNT A BIG SHOCK.

THEY STILL OWE ME £1004 SO I'M STILL PURSUING THAT TO THE END IF THAT BE IN COURT THEN SO BE IT

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