Escape Committee v Nationwide NI

[escape committee]

At end of 2006 I sent a DPA letter requesting past 6 years statements, which I duly received.

 

Eventually, at end April, I sent a preliminary letter to my local branch in Northern Ireland. The amount was approx £5000 (with a breakdown shown on an attached spreadsheet) plus 8% interest on this amount.

 

I got a letter back from Swindon at start of May thanking me for my feedback, giving the "rationale behind their charging policy", and offering some useful tips on how to avoid bank charges.

 

I now want to proceed and get money back. (Apparently N/wide don't tend to give in without a fight . I've now realised that I probably shouldn't have sent the spreadsheet with the prelim, and the 8% is on each individual charge not the total, doh.

 

As NI small claims is max £2000, I plan to claim for charges from say 2006-current as the 8% interest should bring up to about the max. I take it the £2k has to incl the interest ?

 

Any pointers would be greatly apprec.

Thanks.

[MilkTrayMan]

Hi again escape committee!

Here's a link to your original Nationwide Thread...

http://www.consumeractiongroup.co.uk/forum/nationwide/91934-nationwide-5k-claims-through.html

 

In E & W, the Small Claims Track threshold of £5,000 does NOT include any Interest or Court Fees.

It is only an assumption, but I would imagine that the same criteria also applies with the N.I. £2,000 limit??!

[escape committee]

Thanks again, MilkTrayMan

I'm sure it's similar for NI Courts

 

I've been a bit tentative up to now, but am trying to go for it.

I've completed the interest spreadsheet which works out the

interest for each individual charge. I thought I saw a message

somewhere about other interest which can be claimed. Are you

aware of this ?

 

[i presume that I can only reclaim the default charges and not

the interest charges on my statements.]

 

I wrote on the original prelim letter the total of £5k or so, but I

was going to claim for most recent £2k on my first LBA. Then, if/when

successful, I will claim for previous periods. This will allow me to keep

with Small Claims rather than needing Civil Claim.

 

Finally, I sent prelim to local branch & response came from Swindon.

Should I send LBA to local again or HQ swindon/elsewhere ?

[MilkTrayMan]

Thanks again, MilkTrayMan

I'm sure it's similar for NI Courts

 

I've been a bit tentative up to now, but am trying to go for it.

I've completed the interest spreadsheet which works out the

interest for each individual charge. I thought I saw a message

somewhere about other interest which can be claimed. Are you

aware of this ?...lol @ U...That wouldn't be CONTRACTUAL INTEREST that U mean would it??...pmsl...

 

[i presume that I can only reclaim the default charges and not

the interest charges on my statements.]...U are entitled to Claim for any Interest that has been further Charged on your unlawful Penalty Charges also.

 

I wrote on the original prelim letter the total of £5k or so, but I

was going to claim for most recent £2k on my first LBA. Then, if/when

successful, I will claim for previous periods. This will allow me to keep

with Small Claims rather than needing Civil Claim....I personally, would Claim everything together. There is a danger (...as some Scottish Claimants have found out), that multiply Claims will encourage Nationwide to Defend any subsequent Claims on the grounds of U trying to circumvent Court Civil Proceedure Rules. The link I gave U Re: N.I. Claimants will be able to tell U more.

 

Finally, I sent prelim to local branch & response came from Swindon.

Should I send LBA to local again or HQ swindon/elsewhere ?

If U read through the following Thread + ALL the links, they should tell U more about C.I. etc...

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

[trickyt]

Hi Escape Committee 'Cead Mile Failte'

As I am from England and don't know the the in's and out's of how claims work in NI I cannot offer advice on those matters but MTM seems pretty knowledgable and has given out a lot of good advice on this forum. I would trust his advice. Something I can give advice on is that you take a look at another thread...'another win- Cuddles v Nationwide'. I looked at this thread just as I was about to file my claim online but held off and changed route by complaining to the financial ombudsman service on thurs. I rang the FOS this morning and have been issued a ref.no. and was told my complaint should be actioned in 7-10 days if not before. If you read through the above thread you may wish to try this route at the last minute thus saving yourself the up front court fees and the ongoing hassle and stress that NW put you through with their delaying tacticts knowing that they have no intention of appearing in court and thus wasting the courts time. Particularly take note of the post on that thread that says NW get fined £500 when the FOS act on your behalf. I have opened my own thread to keep people informed of my results and will be watching to see how your claim progresses.

GOOD LUCK

Trickyt;)

[escape committee]

Thanks, MilkTrayMan & trickyt, for all your input. The threads re FOS route seem to show it as favourable and I am going to give it a go. My claim is for over £5k & small claims limit in N.Ireland is £2k, so my options

would be to split the claim or bring in solicitor. Hopefully FOS will avoid some hassle.

 

Anyway, I rang FOS yesterday morning. Man was very helpful. Gave me

a ref number and is sedning out forms for me to complete return. They will lodge official complaint with n/wide & I'll post how this progresses.

[MilkTrayMan]

...My claim is for over £5k & small claims limit in N.Ireland is £2k, so my options

would be to split the claim or bring in solicitor. Hopefully FOS will avoid some hassle.

Have U also NOT considered the N.I. equivalent of E & W's FAST TRACK???