Caroline VS Nationwide

[carolineiam]

I do not want to be a pain but the [EDITED] advocates one 14 day letter rather than two. Furthermore they state that the 6 year period is from the date of the N1 not from the date the bank received the first letter requesting the money. The have helped claim about £4000000 pounds so far and they got me clearly confused. The sending two letters strategy would cost me 400 pounds in lost charges if the [EDITED] that the 6 year period is from the date of the N1 not from the date the bank received the first letter requesting the money.

 

 

I find this quite confusing can someone help me please . I really do not want to screw up

[MilkTrayMan]

If U wish to follow the PCF advice, post your Claim details on that website.

If U wish to follow the advice given by Posters on CAG, continue to post on here.

BUT...

Don't expect Posters of either website to comment on the advice given on the other website please!

U will fall between two stools if U try to mix 'n' match.

PCF don't advocate Claims pre-6yrs, nor do they encourage discussion of Claiming Contractual Interest.

If U are in ANY doubt as to what to do...take your OWN council.

[carolineiam]

If U wish to follow the PCF advice, post your Claim details on that website.

If U wish to follow the advice given by Posters on CAG, continue to post on here.

 

BUT...

 

Don't expect Posters of either website to comment on the advice given on the other website please!

U will fall between two stools if U try to mix 'n' match.

 

PCF don't advocate Claims pre-6yrs, nor do they encourage discussion of Claiming Contractual Interest.

 

If U are in ANY doubt as to what to do...take your OWN council.

 

 

 

That is good advice. I think I will stick with CAG. How do you reckon I should proceed. I have allready sent a prelim ... got the fob off answer and have drafted a letter before action where some charges are incurred on the 12th of July 01. Shall I carry on with this and go to court ....even though in their defence they will quote the limitations act ? or shall I claim a smaller amount when applying in the court ? (not including the 12 of july charges)

 

My worry is that the claim will be striken out due to the limitations act. Please help i am getting quite peed off (though everything would be okay until this complication creeped up) I called the court which stated that they are ADAMANT that the 6 years are up to the date of issuing the court claim not up to the letter requesting the the money back .

[MilkTrayMan]

That is good advice. I think I will stick with CAG. How do you reckon I should proceed.

That has to be YOUR decision cos it's YOUR money!!!

 

If it was MY Claim though, I would attempt to keep the ENTIRE sum as ONE Claim.

Just remember that Nationwide will attempt to apportion the money that it will eventually Refund to U.

U MUST resist this, by possibly actually appearing in Court yourself, to be successful with your Claim.

 

 

 

My worry is that the claim will be striken out due to the limitations act. Please help i am getting quite peed off (though everything would be okay until this complication creeped up) I called the court which stated that they are ADAMANT that the 6 years are up to the date of issuing the court claim not up to the letter requesting the the money back .

Here are a few Threads that may interest U...

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

 

http://www.consumeractiongroup.co.uk/forum/nationwide/68902-nationwide-claiming-beyond-6-a.html

 

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

 

The next Losing Thread highlights just a few of the pitfalls that were encountered...

http://www.consumeractiongroup.co.uk/forum/nationwide/54166-taylors-nationwide-3rd-time.html

 

A Thread debating the exact issue that concerns U...

http://www.consumeractiongroup.co.uk/forum/general/50279-when-does-6-year.html

 

 

Advice for further reading!...

http://www.consumeractiongroup.co.uk/forum/nationwide/89894-pre-6-years-account.html

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-367980.html

 

 

Here are various Acts that U may be thinking of referring to?!...

http://www.consumeractiongroup.co.uk/forum/statutes-library/415-limitation-act-1980-a.html

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/33-unfair-contracts-terms-act.html

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/40-unfair-terms-consumer-contracts.html

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/90-theft-amendment-act-1996-a.html

[Rooster-UK]

That is good advice. I think I will stick with CAG.

A wise choice.

[carolineiam]

That has to be YOUR decision cos it's YOUR money!!!

 

If it was MY Claim though, I would attempt to keep the ENTIRE sum as ONE Claim.

Just remember that Nationwide will attempt to apportion the money that it will eventually Refund to U.

U MUST resist this, by possibly actually appearing in Court yourself, to be successful with your Claim.

 

 

 

Here are a few Threads that may interest U...

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

 

http://www.consumeractiongroup.co.uk/forum/nationwide/68902-nationwide-claiming-beyond-6-a.html

 

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

 

The next Losing Thread highlights just a few of the pitfalls that were encountered...

http://www.consumeractiongroup.co.uk/forum/nationwide/54166-taylors-nationwide-3rd-time.html

 

A Thread debating the exact issue that concerns U...

http://www.consumeractiongroup.co.uk/forum/general/50279-when-does-6-year.html

 

 

Advice for further reading!...

http://www.consumeractiongroup.co.uk/forum/nationwide/89894-pre-6-years-account.html

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-367980.html

 

 

Here are various Acts that U may be thinking of referring to?!...

http://www.consumeractiongroup.co.uk/forum/statutes-library/415-limitation-act-1980-a.html

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/33-unfair-contracts-terms-act.html

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/40-unfair-terms-consumer-contracts.html

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/90-theft-amendment-act-1996-a.html

 

 

You are an asset to this site... especially for the newbe like me. It seems that the reason banks are paying up post 6 year claims when there are some within the 6 years charges included is beacuase if they were to turn up in court they would have to argue about the legality of the within the 6 year charges as they cannot say 'we don't have to argue about them we dont have to discuss them because the claimant cannot apply due to the limitations act and he cannot claim concealement because no one decided that they are illegal judicially' because they would be in court and they would have to talk about whether their within the 6 year period charges are legal or not.

[MilkTrayMan]

Errrm...Yeah...Something like that!... ;-)

 

The same principle applies to when Contractual Interest is Claimed.

...Although the specific argument is slightly different.

 

Problems arise when Claimants are paid a Partial Refund of what they have Claimed + allow a Bank to dictate what the Refund refers to.

 

(Nationwide, in particular, often Defends the FULL amount. It then pays a PARTIAL amount + gives reasons to the Claimant for NOT paying the rest.

The Claimant believes that the Bank has a right to do this, TOTALLY ignoring the fact that the Bank could have Defended a Partial amount if it had admitted some of the Claim, in it's original submission to the Court, but had chosen NOT to. It is an ALL or NOTHING Defence, that the Bank has submitted!!!)

 

Many Claimants then lose the plot + bottle taking their Claim further, for fear of losing what they have received so far + also incurring having to pay the Banks' extra legal costs.

[carolineiam]

Send LBA with special delivery. I am checking to see and print the electronic proof of delivery and ......'sorry the electroni proof of delivery is not available to this item as the scanner may not have scanned it correctly'

 

 

F£"£" great.

 

 

It says the date it was delivered but I can't proove that it was signed for and /or by whom !

 

 

Am i buggered ... do I need the electronic proof of delivery ?

[MilkTrayMan]

Does the Court send ANYTHING via Recorded Delivery??

...Nah!

U have kept the Recorded Delivery Receipt, have U NOT??!

...That is your proof of posting!

The letter will be deemed to have been received TWO days from the date of posting, unless U can prove that it got there sooner.

btw...'To be b*ggered' is illegal...+ is it even possible electronically??!...lol...

[carolineiam]

Does the Court send ANYTHING via Recorded Delivery??

...Nah!

 

U have kept the Recorded Delivery Receipt, have U NOT??!

...That is your proof of posting!

 

The letter will be deemed to have been received TWO days from the date of posting, unless U can prove that it got there sooner.

 

btw...'To be b*ggered' is illegal...+ is it even possible electronically??!...lol...

 

I am uncertain over the lawfulness of the aforementioned issue. Nevertheless I am certain with the level of growth in the field of computer science one day there would be the opportunity for indivuals to receive an e-buggery.

[carolineiam]

Hi all.

 

 

 

I am trying to type up a particulars of claim but it is too lengthy for the box in the pdf N1 form. I heard that if you attach an additional sheet then you have the responsibility to post it to the defendant within 14 days ! ? I scoured the web and I found conflicting information. Can someone who succesfully done this let me know exactly how to do it ? I.e what do I put on the blanc poc bit on the n1 etc etc

[MilkTrayMan]

Try the good ol' fashioned way!

Print out the Blank N1 Form + write out your PoC by using a pen.

Then either scan/copy/print/save the finished N1 Form on your own PC, or just photocopy enough copies that U will need, if U have access to a photocopier.

3 X Completed N1 Forms should be handed in/sent to your local County Court.

It is the MCOL route where the difficulties lie, when it comes to lengthy PoC's

[MilkTrayMan]

Have only just seen that your last query was also asked + answered in a Thread that U started in the General Forum...

 

http://www.consumeractiongroup.co.uk/forum/general/108021-particulars-claim-too-long.html

[carolineiam]

I received a letter from Nationwide credit card services stating that they offered me a refund ! in full ! but it is credited back in my now defaulted and closed credit card account. They stated that the charges are a fair contribution towards their costs when there is a breach of contract by me.

 

 

I had made it clear in the court papers that I wanted payment directly in the form of a cheque ! so I relplied :

 

Dear Mrs bbbbbbb

Regarding: Nationwide Credit Card Services: Gold card number: xxxxxxxx Your Log Ref: xxxx

 

I am very disappointed that you are still failing to positively respond to my request even at such late stage of the litigation process brought against you. May I remind you that in my previous letter to you I specifically stated: “I will expect that the monies will not be placed back in my credit card account as it is now closed and as I will be exercising my first right of appropriation for these funds “. Furthermore I have made it crystal clear in my court claim that the only payment acceptable would be directly to my self in the form of a cheque and not back to the aforementioned (now closed) credit account. I will be delighted to explain to the court why I made this request if needed.

As you have not complied with my request for direct payment of the total amount unfortunately my court claim will not cease.

In regards to your assertion that your charges are a fair contribution towards your costs

I am sure that everyone in the country will be delighted to hear that your solicitors would actually turn up to court one day and finally disclose your true costs in relation to the breaches of contract that instigate your regime of charges in your Nationwide Gold Credit Card accounts. Unfortunately you haven’t done this so far judging by the amounts of cases you have already settled with other customers of yours. Until you do so I feel that there is no substance to your assertions of fairness in regards to your charges.

In regards to your assertion that you are a fair organisation

May I remind you that 3 years ago when I was struggling to make the repayments to the aforementioned credit card account due to unexpected loss of employment your credit card department put a freeze on my nationwide flex account even though I was in receipt of benefits paid into that account at the time. To my requests to you to allow me to access my benefits (child benefit etc) you responded negatively even though I had every intention to work out a payment plan I could afford. It took the intervention of the ever so helpful and understanding to the consumer xxxx County Court back then for us to reach a fair agreement. The sum of money you retrieved from me back then included the amount of credit charges I am now claiming. Now in regards to the legal action brought against you due to the charges you levied in regards to the Gold card with the number: It is disappointing that I had to ask for the help of the xxxx County Courts once again as you will not comply with my fair requests for a repayment of the total amount plus interest plus court costs directly to my self as stated in the letters I have sent to you and of course the court papers. Thus, I feel that describing yourselves as a ‘fair organisation’ that ‘cares for its members’ perhaps is not applying to me.

Yours sincerely,

 

 

tell me what you think .... When I get some money in my hand I will def make a donation .

[carolineiam]

I received a letter from Nationwide credit card services stating that they offered me a refund ! in full ! but it is credited back in my now defaulted and closed credit card account. They stated that the charges are a fair contribution towards their costs when there is a breach of contract by me.

 

 

I had made it clear in the court papers that I wanted payment directly in the form of a cheque ! so I relplied :

 

Dear Mrs bbbbbbb

Regarding: Nationwide Credit Card Services: Gold card number: xxxxxxxx Your Log Ref: xxxx

 

I am very disappointed that you are still failing to positively respond to my request even at such late stage of the litigation process brought against you. May I remind you that in my previous letter to you I specifically stated: “I will expect that the monies will not be placed back in my credit card account as it is now closed and as I will be exercising my first right of appropriation for these funds “. Furthermore I have made it crystal clear in my court claim that the only payment acceptable would be directly to my self in the form of a cheque and not back to the aforementioned (now closed) credit account. I will be delighted to explain to the court why I made this request if needed.

 

 

As you have not complied with my request for direct payment of the total amount unfortunately my court claim will not cease.

 

In regards to your assertion that your charges are a fair contribution towards your costs

 

I am sure that everyone in the country will be delighted to hear that your solicitors would actually turn up to court one day and finally disclose your true costs in relation to the breaches of contract that instigate your regime of charges in your Nationwide Gold Credit Card accounts. Unfortunately you haven’t done this so far judging by the amounts of cases you have already settled with other customers of yours. Until you do so I feel that there is no substance to your assertions of fairness in regards to your charges.

 

 

In regards to your assertion that you are a fair organisation

 

May I remind you that 3 years ago when I was struggling to make the repayments to the aforementioned credit card account due to unexpected loss of employment your credit card department put a freeze on my nationwide flex account even though I was in receipt of benefits paid into that account at the time. To my requests to you to allow me to access my benefits (child benefit etc) you responded negatively even though I had every intention to work out a payment plan I could afford. It took the intervention of the ever so helpful and understanding to the consumer xxxx County Court back then for us to reach a fair agreement. The sum of money you retrieved from me back then included the amount of credit charges I am now claiming. Now in regards to the legal action brought against you due to the charges you levied in regards to the Gold card with the number: It is disappointing that I had to ask for the help of the xxxx County Courts once again as you will not comply with my fair requests for a repayment of the total amount plus interest plus court costs directly to my self as stated in the letters I have sent to you and of course the court papers. Thus, I feel that describing yourselves as a ‘fair organisation’ that ‘cares for its members’ perhaps is not applying to me.

 

Yours sincerely,

 

 

tell me what you think .... When I get some money in my hand I will def make a donation .

 

anyone ??

[MilkTrayMan]

Hi Carolineiam!

Sorry with the delay in replying...

Circumstances beyond my control.

How are U getting on with your Claim??

[carolineiam]

Hi there !! Guess what my credit card claim has been stayed !!!

 

:confused::confused::confused:

[MilkTrayMan]

Hi again carolineiam!

Hi there !! Guess what my credit card claim has been stayed !!!

 

:confused::confused:

Credit Cards aren't part of the currently pending OFT Court Case!...

 

I am off to bed early tonight cos of work in the morning unfortunately.

Have a look at Threads which are in the process of appealing against Stays being applied to Credit Card Claims etc.

...There should be zillions around somewhere?!

 

 

I will have a look myself for U, but tomorrow.

Perhaps someone else may Post something tonight to help U??...:idea: