sittinpretty v Nationwide***WON***

[sittinpretty71]

I would like some advice on whether I have done the right thing, I have put my claim in for Nationwide charges going back to April 2001, slightly over 6 years and the timeline is as follows, I followed this timeline using Martin Lewis’ website before I discovered CAG:

 

26.02.07 Sent request by recorded delivery for list of charges going back 6 years

10.04.07 40 day Data Protection Act limit reached, sent chaser letter threatening Information Commissioners Office action.

13.04.07 Received special delivery letter (backdated to 05.04.07!!!) with requested 6 years info (46 days after Data Protection Act request received by Nationwide), Nationwide 6 year charges summary sheet goes back to 05.03.01.

14.04.07 Sent letter by recorded delivery requesting refund of the charges going back to 02.04.01 otherwise court action would take place.

20.04.07 Received a letter dated 19.04.07 from Nationwide refusing request.

20.04.07 Sent LBA letter.

27.04.07 Received letter (bizarrely backdated to 18.04.07, i.e. before their first bog-off letter) Nationwide again refusing request.

27.04.07 Started MCOL proceedings.

28.05.07 Nationwide entered defence (as yet unknown).

 

My first request for a refund was dated 14.04.07 & included charges going back to 02.04.01, which were slightly over the 6 year limit. However, my Data Protection Act request process started on 26.02.07 & it was due to Nationwide taking a whopping 46 days to provide the charges info that pushed over £200 worth of charges incurred on 02.04.01 over the 6 year limit. My question is, is Nationwide likely to use the 6 year rule in their defence & have the whole claim struck out & if so should I modify my claim (if that is now possible) to exclude anything beyond 6 years? I am loathe to do this as these charges are worth over £200. In their letter of 05.04.07 (which I didn’t get until 13.04.07) they state ‘please find enclosed the information requested regarding charges to your account for the previous six years” so by their reckoning the 02.04.01 charges were within 6 years! Any suggestions would be greatly appreciated.

 

By the way, why does Nationwide keep sending out letters with back-dated dates on? Surely this is dodgy practice? I have retained the envelope for the letter dated 18.04.07 & it is date stamped 27.04.07 on the back, would a court take a dim view of this? They also back-dated their DPA letter by 8 days to make it seem as though they had answered me within the 40 day limit although this was not received by me by special delivery until 6 days after the DPA limit. This is very suspicious.

[sittinpretty71]

I have done a little more research into the six year issue and I am more reassured than I was before - it seems that at least two other Nationwide claimants who have made claims including charges over six years have had refunds for the charges incurred within the six year limit but not those over - therefore Nationwide have not been ignoring the whole claim, that is what I was really worrying about, actually having to go court & having the case dismissed for this reason alone. I am still extremely anxious though (I have hardly eaten anything these past couple of days!) as it is now two days past Nationwide putting in a defence and most other people seem to have had their money back by now. On the whole, when do people get their money after Nationwide put in a defence - is it within a few days or do they take things up to the day before court? I am prepared to go to court but the thought of it makes me feel ill. Also, when you submit your claim, does the six year limit apply from then or when you first asked for the charges back a few weeks before?

[sittinpretty71]

I remember when I originally opened my Flexaccount in 1987 that the Nationwide trumpeted in the press and in TV adverts that unlike banks, they did not apply bank charges on their newly launched current account. I can't remember what the ads said exactly, but I vaguely remember that they were in the vein that bank charges were unfair & that they could understand if people went into the red now and again etc. This policy was obviously changed within a few years but would this have any impact on charges I subsequently incurred in 2001-2003? Could I argue that the account I opened in 1987 was promoted as charge-free? I don't ever remember signing any new T&Cs after I opened the account. If I could get hold of any advertising material from that era, I am wondering if that would be of any interest to a court, what do people think? I realise that this is a long shot!

[thelegend]

the problem is they always enclose 'changes to t&c' with your statements, and written in to the original t&c is the infamous section that says 'we can change this when ever we want and will tell you in writing'

[trickyt]

Hi Sittinpretty! I see you are in much the same situation as I am with NW. I first started ringing and mailing them around the beginning of the year to no avail. At that time I was within 6yrs. of opening my account. I then started the reclaim process following the advice on the Martin Lewis website. I sent my first request for list of charges under the Data Protection Act with cheque for £10. I sent a second letter with copy of the first having heard nothing for a few weeks. This time I received a 'thanks for contacting us but sod off these are fees you agreed to when you opened your account' letter. I immediately sent a third letter, again with a copy of the first and warned them that their time was almost up and I would go onto the next stage. Hey presto!! I received my recorded delivery package. Because of the time they took to get to this stage it was now over 6yrs since I had opened my account but fortunately my first charges started in Jan 2002. Do not let them wear you down. When I sent my preliminary letter I again received an identical sod off letter to the one I had received earlier. There was no mention of the Data Protection information that I had requested and paid for in the first Sod Off. This is all a part of their delaying tactics. With reference to their advertising, I find it hard to understand how they can say they are 'Proud to be different'. They are the same as the rest of the buggers. Are they breaking advertising standards? GOOD LUCK:(

[sittinpretty71]

It is now 7 days past when Nationwide put in its defence (on the 28th day of course) & as I have still heard nothing & as no money has been paid into my account, I telephoned MCOL at lunchtime today to see where Nationwide's defence was and they advised me that they are 6 working days behind schedule as they are 'receiving 1000 claims a day' and can't cope very well. They haven't processed my paperwork yet and there seems a multi step internal MCOL process before it can be released to me so I think I'll forget about hearing anything for a few days! I think Nationwide are aware of this and are perhaps taking advantage by delaying paying money to people.

[MilkTrayMan]

...If I could get hold of any advertising material from that era, I am wondering if that would be of any interest to a court, what do people think? I realise that this is a long shot!

Try these two links...

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/90791-we-need-your-help.html

Internet Archive: Wayback Machine

[McWILLS]

Hiya Sittinpretty71,

 

There is a thread on here that Nationwide put in a defence of already paid but when the claimant checked his account the money had not gone in, so he phoned the Customer Experience Team and asked them where the money was and they apologised but there had been an error in paying him but they would sort it out that day. Can you not contact their Solicitors and ask what their defence is as they might have done the same with your claim. They seem to be delaying payment anway they can at the moment. Good Luck!

[sittinpretty71]

Thanks, I have emailed Eversheds to ask them what their defence is, I will let you know what they say (if they bother replying, that is!).

[sittinpretty71]

I telephoned Eversheds at lunchtime and spoke to a very friendly lady who advised me that Nationwide had put in a 'denial defence' in respect of my claim (the defence was put in 9 days ago & I had heard nothing from anyone). She couldn't really be any more explicit, she didn't seem to have very much info. Does anyone know what this type of defence means?

[McWILLS]

Hiya Sittinpretty71,

 

It's probably the same standard one they seem to be using at the moment read Sarah Lou V Nationwide its quoted on there. They seem to be a bit hit and miss at the moment with claims some people are getting paid before the 28 days and others and having to wait longer. You should receive a copy of their defence from MCOL and then an AQ for you to fill in and send back although they seem to pay up before you have to do this I would chase up MCOL again. Nationwide seem to be making good use of the caos they are causing the court system at the moment and holding on to the money for even longer, which is a real pain. If you do end up having to fill in your AQ and get a Court date but they subsequently pay up in the mean time I would go for wasted costs as well as they just seem to be playing the system at the moment. Good luck and hope they pay up soon.

[kopstar1965]

Patience people, patience, it took years for them to bill the money from my account. The longer it takes to pay back the more interest it generates.....keep the faith, off to do something else coz waiting & checking my account is doin my head in.

Out on the motorbike for a blast tomorrow am & we shall see if the post brings any news...............probably not.

Andrew

[sittinpretty71]

I spoke to MCOL again lunchtime, they have only just referred my case to the local county court, the local court will then send me a copy of the defence but probably not until next Tuesday or Wednesday. This will be two weeks after Nationwide put in a defence so this is a warning to everyone, once the defence has been put in by Nationwide don't expect to hear anything for a fortnight, unless Nationwide pay the money into your account in the meantime (which hopefully they will!) Kopstar is right, have patience, but it is difficult. It is the not knowing which is driving me mad.

[kopstar1965]

It's easier said than done. If the Nationwide are not entering a defence on the 28th day shouldn't we get chance to enter judgement by default, just a thought but you would think the onus would be on them (the defendent) to get to us (the claimant) a defence in good time or forefit......

For Barclays which i issued at the same time I have had the defence papers for 2 weeks.

Hanging on........

JUST GIVE ME MY MONEY BACK !!!!!!!!!!!

Andrew

[McWILLS]

Hiya,

 

Just wanted to update you on my claim have received 5 x corrections today into my account totalling the outstanding charges. Jusy waiting for the interest and court costs now. My date was the 13th June so they have paid up before the 28 days (providing the pay the rest). Cant beleive it myself thought I would have to go all the way but they have paid out beofre time havnt heard anything from the court or Nationwide just keeping on eye out for the rest of the money now. Hope you all get your money soon I'm sure you will keep your chins up and remember all good things come to those who wait!

[chrisk7]

hi

i also bank with nationwide and have just started the process,i have an overdraft and wondered wether they had ever "threatened" to close your acc or if you have one,ask for your overdraft to be repaid?if anyone else has had this happen,what did you do?glad you got your dosh!!!!

[trickyt]

Hi chrisk7. I hadn't started my own thread when I posted on this one. I now have so if you are reading this contact me there and may I recommend (HIGHLY) that you take a look at 'Another Win-Cuddles v Nationwide'. I went along the same route and my complaint is now in the hands of the Financial Ombudsman. This has saved me £120 court fee and looks as if it gets Nationwide to change their tune. Good luck

Trickyt;)

[sittinpretty71]

Well I finally got my defence today. The letter dated 8th June is titled 'Notice of transfer proceedings' and goes as follows:

A defence to this claim has been filed.

The claim has been transferred to the court covering the area where the claimant lives or carries on business.

Then there is another page

Before District Judge Murdoch

Sitting at Northamton County Court

Without hearing

IT IS ORDERED THAT: -

1. The filing of an allocation questionnaire be dispensed with in the case unless the district judge at the court of transfer orders otherwise

Then there is another page with Nationwide's defence

Defence

1 The Defendant admits that the claimant holds a current account with the defendant.

2 Any charges debited to the claimant's account have been debited in accordance with the contract made between the claimant and the defendant in relation to the account

3 The claimant has been regularly advised of the amounts that would be debited to his account in respect of, unauthorised overdrafts, transactions unpaid due to insufficient funds and card misuse.

4 The defendant therefore denies that the claimant is entitled to repayment of the charges, as claimed, or at all.

And that's pretty much it. I guess I just now wait for a court date, as no allocation questionnaire will be sent to me? As my original claim included charges a few weeks over the 6 years should I now amend my claim to exclude these or just sit tight & see what happens?

Thanks

sittinpretty.

[kopstar1965]

Hi SP, no I think you are able to claim all back from the time you first started the process + dont forget you will be adding interest all the time as well, where could you get 8% on an investment right now?

Guess mine will probabley come soon then.

[kopstar1965]

And I hope you've started eating again, nervous tension can be bad for you, just shows why they do it though, some would wilt under the pressure they maintain & everyone that does helps them out.

[kopstar1965]

My defence was on the doormat, it should be in the bin, exactly the same as yours.

Have to wait & see what happens but i did e-mail eversheds with an offer to settle for the MCOL figure instead of the one your excel file generates which is a bit more.

Andrew

[MilkTrayMan]

...I think you are able to claim all back from the time you first started the process + dont forget you will be adding interest all the time as well, where could you get 8% on an investment right now?

I'd much rather have the Daily Compounded Contractual Interest @ 24.9%AER Nationwide have been Charging those with an Unauthorised O/D...

 

If U + some of the other recent Claimants had been bothered to put some research in BEFORE starting the Re-claiming process, U would have seen that it is possible to Charge a Bank for them 'borrowing' YOUR money without YOUR authorisation @ the same % rate...:o

 

I won't pretend + say that it's easy...+ it's certainly NOT the way to go for the faint-hearted, or those that can't grasp the concept + are unwilling to explain their argument to a District Judge, in person if necessary.

...But it CAN + HAS been successfully Claimed on NUMEROUS occasions!...

For those Claimants with a lot of Penalty Charges from a few years ago, C.I. can often triple/quadruple the total amount that is Re-claimable!!!

[kopstar1965]

Thats what happens when you start the process only knowing a part of it. Unfortunately I took the advice from the MSE website, which is lightweight to say the least, it was only in the later stages after having filed with MCOL that i came across this site (redirected from MSE).

I will remember your "comments" before i start on the next lot from the mid nineties, got to be worth a shot.

Andrew

[sittinpretty71]

Me too, I used the MSE website as Martin Lewis has a high profile & seems very authoritative (and many of the people following his advice seemed to be getting paid) for my preparation and as I have said elsewhere, my heart sank when I discovered the CAG website with all of its additional advice. Even so, I don't think I would have asked for the compound interest as I want to keep things as simple as possible and this is my first time (and I am also slightly faint-hearted!). By the way, I still haven't received a refund, I think it may be some weeks yet.

[kopstar1965]

I know some may say I'm flippant but shall we have bets on who gets paid first......