Gigglemal vs Nationwide

[gigglemal]

Hi y'all

 

Well, isn't this exciting? Consumer power in action, power to the people !

 

right, heres my story so far, will try and add any new info (contact nos etc.) as I go..

 

Sent S.A.R - (Subject Access Request) letter on Tue 24 Apr, decided to allow about 25 days before I called them to chase up. After approx 5 calls, being passed on etc I struck lucky with a nice lady called SADIE (see separate thread by myself giving detailed contact nos for DP team). Turns out they had 16,000 SAR on their in tray, but she agreed to run off an abstract of my charges overnight and post to me, with statements to follow

 

 

DATA PROTECTION TEAM (for SAR) - (01793) 583061 or 583062

 

I received said abstract of charges on Wed 23 May, so sent the prelim letter on 24th, with an offer to settle just for the amounts as charged, providing settlement was made within 14 calendar days.

 

At this stage, one account was over 10,000 and the other just under a grand, which isn't bad really I guess

 

They received the letter on 25th, so I rung them (BRANCH SERVICE CENTRE TEAM 1 (my surname starts with C I guess?) - 01793 712480, 712468 or 712478 today to chase up.

 

The last number is apparently the managers (Sarah Jane Dollymore), so guess which I rung?

 

I don't believe in waiting, especially given what happened with my SAR. They claim not to have received my letter (AGAIN), but when I said it was a CAG template he admitted to knowing the format, and asked the amounts I was requesting. He offered to Email 'upstairs' to Customer Experience, as they are the ones who reply to the letters. He said they are allowed 28 days to reply, but when I pointed out as they had lost my letter, how could they count forward 28, he then said would be actioned today. However, they have a 5-10 day turnaround to reply to complaints. I then pointed out it's in their intersest to reply within my 14 calendar day timescale, not with an acknowledgement but an answer, as I would be adding interest to my schedule of charges - I thought I would pass on charges 'as is' in the hope of a quick settlement.

 

In the meantime, I'm waiting for all my statements and going to review all charges and the interest calcs, as it's a safe bet they're going to fire me off isn't it?

 

 

 

[MilkTrayMan]

Hello gigglemal!

...I don't believe in waiting,

'Fraid U have NO choice if U want to successfully Re-claim YOUR money!

 

 

...especially given what happened with my S.A.R - (Subject Access Request). They claim not to have received my letter (AGAIN)...In the meantime, I'm waiting for all my statements and going to review all charges and the interest calcs, as it's a safe bet they're going to fire me off isn't it?

The timescale from the date that they receive your S.A.R. is 40 days.

If U have sent it by Recorded Delivery, U can easily prove when that was, if it becomes necessary.

It will be deemed to have been delivered TWO days after posting.

If U think that Nationwide may FAIL to comply, or actually do FAIL to comply, within 40 days, here are a selection of Template Letters for U to use...

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

If/when U do receive your S.A.R. the following Thread will give U your next options...

http://www.consumeractiongroup.co.uk/forum/nationwide/70325-im-new-confused-please.html

[gigglemal]

Hiya

 

Thanks for the reply, your help is gratefully appreciated (as is everyone's on this fab forum!)

 

As it seems Nationwide are dragging their heels responding to my prelim letter (I guess that's part of the game, as well as with them being over-run), I'm now chasing my statements in full to work out the possible interest I can add.

 

Rung the DP team again today - they told me my statements would take 'about a week' on 22 May - and they say will resend them, but they also admitted to 9apparently) not keeping recordings regarding progress, therefore being unable to confirm if my statements were in fact sent at all?

 

I'm also looking to prepare my LBA to send next Fri - which will be when their 14 days is up, but I'm unsure whether I will be able to add interest (contractual) to my schedule of charges after I've sent the LBA (in case I haven't received my statements)? I guess I will just add the same proviso, but also explain I cannot add the contractual interest because of their tardiness in replying.

 

The Non-compliance links you noted are very useful, thanks again!

 

I think my biggest concern here is timescale, I realise it's well worth waiting for but I've pressing situation financially away from this, and although would like to consider any refund as a bonus (not wanting to count chickens etc.), I may need to take alternative action in the short term. I know the timescale is set in stone, which will be send LBA next Fri (8th June), which would put us at raising a claim/MCOL 14 days hence, which would put us end of July for (hopeful) resolution. Well, will address my other issue directly & independently of this case, and with all the help I've got from CAG hopefully be cracking the bubbly end of July!

 

Cheers !

[gigglemal]

Finally received all my statements, beavering through spreadsheets as we speak.

 

However, been made aware of the possible alternative route of the Financial Ombudsman Service, seemingly a quicker option than using the court (no doubt until they get snowed under like the banks LOL)

 

Going to investigate this further, then will decide whether to issue a LBA on Monday or go through the FOS - may be cheeky and do both, at least can see what happens in the 14 days it will no doubt take Nationwide to respond to my LBA.

[photoman]

Gigglemal

 

I would personally strongly reccomend that you don't use MCOL.

 

File using an N1 instead.

 

You do not save any time using MCOL, the case will still progress at much the same pace.

 

The disadvantage of MCOL, is that it does not give you the space to put in all your pleadings and arguments, and you normally end up having to just send additional info after anyway. This has the inherent problems of things going missing, and mislaid.

Also, I do believe that the only cases that have had the most problems, or been struck out have normally been done through MCOL.

 

N1 all the way, and DO read up and research your particulars of claim from this site, from both the templates and those with experience.

 

As for time. You do need to be patient I'm afraid, if you rush, you WILL make mistakes, they are extremely vigilant about anyone doing so especially at the moment, and will trip you up. You will only make a mistake, and lose, and then you will have plenty of time after to kick yourself.

 

THIS IS GOING TO TAKE SEVERAL MONTHS. NO SHORTCUTS.

 

As for the FOS. I don't know much about it. I believe some people have had sucess, but it depends on the size and complexity of claim, and I don't think they would even entertain a claim with anything other than statutory interest.

 

Good luck

 

PS: The Patricia Pearl book is excellent, reccomend it, consider getting it before you progress (I make no money or benefit in any way by saying this by the way)

[gigglemal]

Well, I decided to explore the FOS option, but only after writing a letter to Nationwide (will copy & paste it on here) making some demands for replayment, one for costs 'as is' within 7 days & then costs for contractual interest if repayed within 14 days.

 

Working on rationale that now FOS are involved (even including the initial discussion & return of post for me signing their form, they've processed my complaint & contacted NW within 4 working days), NW may play ball rather than ass about going through courts.

 

Will keep you posted of progress