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    • yes  look for repetitive fixed sum penalty fees  like letter/missed payment/failedDD/phonecall/arrears   they are all unlawful and reclaimable, or be used to reduce your F&F offer.  
    • No worries.   ok. I’ve tried to send messages it says I can send 0 per day? Can you PM me so I can reply to you?    thanks for the answer on the joint question 
    • you need to converse with us Drays...   i will guess you have NOT received a claimform pack from northants bulk but merely a letter of claim from BW legal.   you respond by following Post 4 here: do NOT use their reply pack. but you MUST reply. follow Exactly as post 4 i would suggest the reason as: the alleged debt concerns a dispute for failure to provide a reliable service ( put nothing else at this stage)       JCI buy these old telecom debts up because sadly so many people wet themselves thinking they are owed and JCI have magical powers...when they don't. the debt is subject to a valid dispute.   there are number threads here regarding them.. https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=JC Talk talk&oq=JC Talk talk&gs_l=partner-generic.3...801398.805115.0.805375.12.12.0.0.0.0.121.799.10j2.12.0.csems%2Cnrl%3D13...0.3728j1478984j13...1.34.partner-generic..12.0.0.zyRD3vNgDww
    • Dear PIXeL_92 It has been explained to you in previous correspondence that the roof tiles that are the subject of your complaint, at the time of inspection were heavily covered in moss. It is in your agreed terms that the surveyor will not carry out an asbestos survey and is not required to scrape away moss if the surface below is obscured. The surveyor will carry out only a visual inspection and comment on defects visible at the time of inspection. Roofs can fail at any time particularly in periods of inclement weather. As stated in your report, the surveyor confirmed that the roof was in a satisfactory condition at the time of inspection therefore would not require replacement in the immediate future. The subject building is a utility building and is not a habitable room of the main property. As previously explained, tiles on an outbuilding of this nature would not affect the property value. You state you would have factored in the cost of removal/replacement into the purchase offer however as advised at the time of inspection the tiles were in a satisfactory condition and you have not sought to replace the tiles in the three years following the date of inspection. This confirms the comments provided by the surveyor. You have previously stated that the roof became damaged due to high winds and the roofing specialist you instructed to replace the broken tiles made you aware of the possibility that the tiles may contain asbestos. However, you have not yet had the tiles tested to confirm the presence of asbestos. Our surveyor revisited your property and confirmed that you have had the damaged roof tiles replaced. A roof that contains asbestos will only become a health and safety risk if it is disturbed and it therefore seems odd that the roofing contractor was happy to replace the tiles if in fact asbestos was present. We understand that raising a complaint and progressing to legal action as you have suggested you wish to do can be a lengthy drawn-out and expensive process with no guarantee of success. If necessary, we will notify our legal team to address this matter on our behalf however, we are happy to attempt to settle this matter in advance to avoid prolonged communications and extending this matter for many more months. In an effort to conclude this matter to the satisfaction of all parties, we shall increase our goodwill offer to £500 in full and final settlement of this matter. This offer will be available until Thursday 27 August 2020. There will be no further offers made after this date. I look forward to your response. Yours sincerely, Walker Dunn MRICS   ******************************************************************************************************************************************************************   Dear Walker Dunn,   Apologies on the delayed reply unfortunately I had to attend to some personal matters that left me unable to reply to emails.   A few points I want to make regarding your previous letter.   You mention at the time of the inspection that the surface of the tiles was covered in moss and obscured the view of the tiles, we however have pictures from when we moved in showing this was not the case, whilst there is moss on the tiles it in no way obscured to the point that the material would have been assessed incorrectly and you can also see the curling of the edges to a large amount of the tiles and this is a characteristic of asbestos.   You state in the report that the roof was in satisfactory condition, however, if the roof was indeed slate that your report indicated this would have been correct however the curled edges of asbestos tiles indicate that they are fatigued and need replacing and that is not satisfactory condition, again the material was not identified correctly at the time of the report.   As for this point "You state you would have factored in the cost of removal/replacement into the purchase offer however as advised at the time of inspection the tiles were in a satisfactory condition and you have not sought to replace the tiles in the three years following the date of inspection. This confirms the comments provided by the surveyor."   We had put away money to have this done, at the time as it was deemed slate in your report we didn't prioritise this as a repair, as you know the roof of the main property was in an awful state and was leaking into the bedroom this took priority along with having all the plumbing in the bathroom replaced as we discovered it was stuffed with kitchen roll under the bath to hide a set of leaking pipes that eventually made its way into the kitchen. We then also had a passing in the family that took us away from the local area for around a month and then my partners dad became homeless due to a gas explosion that destroyed his property so we had to accommodate him for a year and half so most work we had planned got put on hold. This doesn't confirm your comments in your report, this just allows you to assume it did as it wasn't done straight away however this was not the case. We have all the paperwork and invoices to show the above work was done to the main property along with pictures along with all the details surrounding the gas explosion.   We don't agree that part of a building being a habitable room of the main property makes a difference in our case, of course any structure on a property would affect the properties overall value when offers are being made as you make your offer based on the overall property and if you wanted to use the outbuilding for a specific reason you would be more inclined to go for a property that dose have an outbuilding over one that doesn't or if you want another example one with a swimming pool selling for a higher amount as that is considered a premium.   You then say "You have previously stated that the roof became damaged due to high winds and the roofing specialist you instructed to replace the broken tiles made you aware of the possibility that the tiles may contain asbestos. However, you have not yet had the tiles tested to confirm the presence of asbestos."   We had the roofer come and take a look instructing him that we wanted two slate tiles replacing due to us believing at the time the roof was slate based on your report, he then mentioned from a simple visual inspection that they are in fact asbestos. He said he could replace them with two slate tiles but we would have dispose of the two slipped asbestos ones safely as he wasn't licensed to do so, they were removed in a safe manor to avoid cracking them due to how brittle they were.   We have at several times offered to have them tested for you if you would cover the costs of testing if they are in fact asbestos tiles but this simple question has still remained un answered, so for this reason we have now booked a test and this will be added to the costs we will be pursing if and when we are forced to go down the legal route along with all legal cost and the cost of disposal and replacement of the roof, as mentioned before I just wanted the disposal costs covered, but our solicitor has now advised us we should be entitled to have the full costs awarded so we are left in the same place financially along with the roof material matching the report.   Our next step would be to have the test results come back, and send those tests results if they come back as positive with the invoice and three quotes for removal of asbestos to yourselves to decide if you want to cover those costs or if you wish to continue with legal proceedings and as mentioned before if we have to issue legal proceedings we will be asking for all costs to be covered and a complaint to the RICS and Ombudsman will also be issued.   Unfortunately at this point we are rejecting your £500 settlement but if you decided you wanted to settle it without facing any potential legal action or complaint we would settle for the sum of £2000 and that will be the matter resolved, we believe this to be a fair amount as the testing has now cost us £150 and the mid range quote has come in at £1900.   Regards   Robert Atkins   ******************************************************************************************************************************************************************   Dear PIXeL_92 I refer to your email sent on 7th September. I am disappointed and dismayed that you have decided to not accept our very reasonable offer. We have now notified our legal team in preparation should you decide to proceed along the legal route. You have told us you are receiving legal advice, therefore I am sure that your solicitor will have explained to you that in matters of alleged negligence, if the court finds in your favour, they can only make an award on the basis of diminution of value and not the cost of repairs.   Therefore to quantify the diminution in value you would need to obtain a report from another surveying firm that identifies the value of your property three years ago with a slate roof to the outbuilding and the value of the property three years ago with an asbestos roof to the outbuilding. To do this effectively, the surveyor would have to identify comparable properties in the area with and without such roofs to be able to justify his findings. This would be no easy task.   To further complicate matters, the guidelines set out for the court are that they only award losses based upon diminution of value that exceed 5% of the property value, which is considered a reasonable margin of error for surveyor to work within. In this instance therefore, you would be required to identify a loss in excess of £6,000. This figure does not include your legal costs. Because this is a claim for alleged negligence and not for a debt, it is not a matter that can be dealt with by the Small Claims Court, it would have to be heard by a higher court. This would mean we would then be able to claim the costs of our barrister, solicitor and any experts for however many days the hearing lasts, plus you would have your own costs, if you were unable to prove your claim. Once you submit a claim, you are unable to then back out without incurring costs. I hope you find this advice helpful and I am sure that if you present this letter to your solicitor, he will be able to verify whether the above information is correct. We will await your response on how you intend to proceed. Yours sincerely, Colin Walker MRICS
    • Sorry for the text heavy post, we are getting nowhere with them, I need some help deciding our next steps, I have a couple more emails as PDFs that I need to attach below.   Dear PIXel_92, We confirmed in our previous email that our offer would be made available until Friday 14 August 2020. This offer was presented as a gesture of goodwill based on the information you have provided in support of your claim. Thus far, we have not had sight of a Specialist Report confirming the presence of Asbestos or quotations for the required works. Since you have not furnished us with any additional information we are unable to provide any further comments on the matter at this time. If you’re able to provide the requested information we will be happy to review the matter and discuss it further with you. Kind regards, Customer Relations ************************************************************************************************************************************************************************************************************** Dear Walker Dunn,   I have on two occasions offered to have it tested further than a visual inspection but if it comes back as asbestos you cover the costs, you asked me for the costs involved in getting it tested and you neither agreed to nor declined to cover that cost if it came back as asbestos, again I am happy to have it tested but if it comes back as asbestos to have those costs covered.   I have sent communication from a roofer on headed paper confirming they belive it to be asbestos but they aren't registered to remove it.   I am happy to get three formal quotes written on paper and provide them, I have spoken to a roofer that deals in asbestos that was here to do another job at the time and he said just going off rough size it would be approximately £2000 to remove the roof and dispose of the asbestos. I will get some quotes over the next week and get back to you with them.   Regards ************************************************************************************************************************************************************************************************************** Dear Walker Dunn,   Could I please get confirmation regarding if you are going to cover the cost of testing if it does come back as positive before I go ahead with it.   I now have 3 quotes for removal of the asbestos too.   My solicitors has also forwarded me this to read through, https://www.rics.org/uk/upholding-professional-standards/regulation/how-we-regulate/disciplinary-process/panel-hearings/disciplinary-panel-hearings/walker-dunn-limited-and-colin-walker/.   This will be our next step going to the RICS / property ombudsman as we seem to be getting nowhere and it has been going on for some time due to you not answering the above question.   If you don't answer it we can get it tested and look at legal action to recover the money at a later date if that's how you want to do it.   Regards **************************************************************************************************************************************************************************************************************  
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mattbee vs. Nationwide


Guest mattbee

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Guest mattbee

Well hopefully not too much of a fight but we'll see I guess. As of today, my credit score is apparently no longer sufficient for them to renew my overdraft facility. They say they want 250 quid back within two weeks. I say, let's have a look back at six years of bank charges then :mad:

 

Have finally got all my statements filed and ordered, and will start the process on Monday, I think I have about 1200 quid's worth - will keep everyone up to date here.

 

I've got a parachute account almost opened, as I understand I'll get my two accounts closed by going through with this.

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Hello mattbee!

..I've got a parachute account almost opened, as I understand I'll get my two accounts closed by going through with this.
Very recently, Nationwide have been recalling any O/D that a Claimant has got + getting their 'In-House' Debt Collection Dept. to put duress on the Claimant by threatening Court Action, DEFAULT NOTICES etc etc if the Claimants 'debt' to Nationwide isn't paid asap.

They 'flag' the Claimants Flexaccount, block Online access to it + insist on the Claimant returning their Debit Card + Cheque Book to their local Branch.

It has been a couple of months since Nationwide have actually 'Closed' a Claimant's Flexaccount.

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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how on earth do you deal with all that? ive startd the process(mon11th prelim sent) but im having great diff getting another bank acc,tsb declined me and im waiting to hear from co-op(applied 1 week ago) as to wether they'l accept me,my credit rating is poor coz of defaults and im seriously worried that n/wide will just pull the plug and ill be left with no account.im still determined yo get my charges back(£1600)but am also concerned about the lack of banking facilities,im on this site reading as much as i can so hopefully that will help.

chris

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Hello chrisk7!

 

DON'T PANIC!

 

Have a look at the following links...

http://www.checkmyfile.com/content/downloads/2006%20Banking%20and%20Credit%20Card%20Survey.pdf

 

Bank Accounts

 

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

 

Please remember that a Bank will leave a footprint on your Credit Report when U apply for a Current Account with it, whether your application is successful of not.

 

Too many application footprints (...within a 6 month period) will indicate to the next Bank that U apply to, that U are a credit risk.

This will make it even more unlikely that a future application, with a different Bank, will be successful.

 

It is much better to research which Bank is likely to accept U BEFORE U make any inappropriate applications for the type of Current Accounts which might be beyond your 'Basic' type one.

 

FWIW...

I know someone who obtained a Basic Current Account from the CO-OP, who had 17 Defaults on their Credit Report + who had had several addresses over the past few years.

They were just required to provde ID + a couple of Utility Bills etc.

The Account had Online Banking, a Cash Card + DD/SO capabilities.

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,thanks for the advice,Ive read those links thats why i applied for the co-op but after a week im finding it hard not to panic,i phoned them y/day and they said my app was still in process,dont kno wether thats good or bad!!ive applied for my credit file(!)but if i get declined by the co-op am not sure what the freakin hell ill do,PANIC coz thats one thing im really good at!:)

chris

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...PANIC coz thats one thing im really good at!
I didn't know Corporal Jones was a 'scouser'?!

...Well...U learn something NEW everyday don't ya!!!...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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givin your age away mtm!!!!!and "scouser"???? im a merseysider!!!!!!!ANYWAY enough frivolity,ive got panicing to concentrate on if you dont mind,:p

chris

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..."scouser"???? im a merseysider!!!!!!!...ive got panicing to concentrate on
Always thought New Brighton/Southport/St. Helens was where PanicKing took place.

...Sure 'Merseyside' is in England btw??!...lmao...:D:p

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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now your just bein facetious!!!!!(sp)ive had a couple of wines what do you xpect with all the stress im under?! and like i said before. . . . . . your bloody everywhere on this site!!!!! it should be renamed. :p:lol:

  • Haha 1

chris

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Hope mattbee doesn't mind U hi-jacking his Thread??!...;)

"Wine-top"...Is that what 'scousers' are drinking nowadays??

Thought they were well 'ard + supped pints of Kouros like the Russians?!...lol...:D:p

BBC NEWS | Health | 'Aftershave drink' kills Russians

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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Guest mattbee

Well to bring the thread back on topic I've spent a wild Saturday night in calculating what's due from all my old statements - £930 without interest, or £1107.18 with the 8% statutory. I'm not too worried about getting a parachute account with Barclays as my company banks with them and we keep a decent float in there most of the time. Letter will go off on Monday, will let everyone know how it goes.

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Well to bring the thread back on topic...£930 without interest, or £1107.18 with the 8% statutory... Letter will go off on Monday.
Sorry for the Hi-jack...:oops:

...'Twas the 'Creme de Old Spice' chasers!...lol...:D

 

 

Have U considered Claiming CONTRACTUAL INTEREST instead of the s69 Statutory Interest???

...Cos it's advisable to mention it at the Preliminary Letter stage if U are!

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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how on earth do you deal with all that? ive startd the process(mon11th prelim sent) but im having great diff getting another bank acc,tsb declined me and im waiting to hear from co-op(applied 1 week ago) as to wether they'l accept me,my credit rating is poor coz of defaults and im seriously worried that n/wide will just pull the plug and ill be left with no account.im still determined yo get my charges back(£1600)but am also concerned about the lack of banking facilities,im on this site reading as much as i can so hopefully that will help.

 

I'm sure that my credit rating was sub-zero when I needed to change bank accounts in a hurry - I blundered into the local HSBC feeling terrified of getting turned down, and found out that they do a 'basic' account that runs purely on a hole-in-the-wall basis without access to cheque book/card or overdraft but you can still have DDs and SOs going out of it.

 

They went through the application process with me and gave me an answer on the spot and to be honest with you it's been a life saver for me - I haven't been overdrawn by a single penny for over 2 years now. It's been a rough and bumpy ride back for me but I think there's finally light at the end of the tunnel - I just have to hope it's not an express train heading my way!

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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I too have a terrible credit rating due to 5 defaults.

 

I tried to open an account with the co-op , but was declined.

 

I then tried the yorkshire bank , who accepted me and I also was given a meastro debit card. Was told that if I kept my account in line for next 6 months then there was a good chance that my account would be upgraded , so i could have cheque book facility aswell.

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Guest mattbee

Well Nationwide tried to call me this evening while I was out walking the dog - I'm prepared to make a response however they like, but have any other Nationwide (ex) members had similar calls, so I know what to expect?

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hi matbee,

a friend of mine has had the same thing happen,the bank said it was a "customer service" call to see if they could resolve rhe matter sooner and easier than going to court,my friend said she didnt want to discuss it,and told them to put anything they wanted to say in writing,that way there is at least documentation to show anything that is offered or "threatened"ie:acc closures etc.btw how did you go on opening another bank acc?any luck/

chris

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how on earth do you deal with all that? ive startd the process(mon11th prelim sent) but im having great diff getting another bank acc,tsb declined me and im waiting to hear from co-op(applied 1 week ago) as to wether they'l accept me,my credit rating is poor coz of defaults and im seriously worried that n/wide will just pull the plug and ill be left with no account.im still determined yo get my charges back(£1600)but am also concerned about the lack of banking facilities,im on this site reading as much as i can so hopefully that will help.

I have a pretty poor credit rating but have recently opened an account with the natwest, its a basic account but i have a debit card, dd and s/o.

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  • 2 weeks later...
Guest mattbee

Okay so at the end of last week I received a boilerplate reply from Nationwide explaining that I'd agreed to the charges when I'd signed the Flexaccount terms & conditions.

 

I wrote back on Tuesday (so they should have this today):

 

Thank you for your reply earlier this week.

I am naturally disappointed that Nationwide chooses not to refund its members charges that are imposed as a result of illegal penalty clauses in its contracts. Such clauses are made illegal under the Unfair Terms in Consumer Contracts Regulations 1999. I am therefore left with no choice but to advise you that I will be lodging a claim for these charges in my local small claims court on 11th July, which will include further interest and court fees.

I am aware from other ex-members that Nationwide sometimes chooses to close accounts of members who insist on claiming back such illegal fees. While I appreciate Nationwide has not suggested anything of the sort at this stage, please be aware that I am fully prepared to take such a retaliatory account closure to the Financial Ombudsmen Service who recently imposed fines and compensation against the Alliance and Leicester for breaching its obligations under the Banking Code. I do not wish to go to the small claims court, or to the FOS, and would ask that the society considers that, in view of the many refunds it has made to other members, and the potential breach of its obligations to the FOS in relation to other members, that it quickly refunds my fees.

I look forward to your prompt response.

 

From others' experiences it looks like I will have to spend money going to court, but maybe I can avoid my account being closed, or even short-cut their normal response with a little preliminary sabre rattling.

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I've had a bad credit rating for years but managed to open an account with alliance & leicester with a cheque book & debit card. I done it all online and it only took about a week. This was the first thing I did before starting the whole process of reclaiming.

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  • 4 weeks later...
Guest mattbee

Well they're well overdue responding - I just couldn't justify blowing £120 on the filing fee until pay day. So now it's come round and I'll file tomorrow - I heard about the test case and the possibility that my local court will defer, but hey ho... the principle still stands, I'll happily let them rack up more interest if it takes six months longer than expeced.

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how on earth do you deal with all that? ive startd the process(mon11th prelim sent) but im having great diff getting another bank acc,tsb declined me and im waiting to hear from co-op(applied 1 week ago) as to wether they'l accept me,my credit rating is poor coz of defaults and im seriously worried that n/wide will just pull the plug and ill be left with no account.im still determined yo get my charges back(£1600)but am also concerned about the lack of banking facilities,im on this site reading as much as i can so hopefully that will help.

 

 

Although the account isn't open yet, I have "been accepted in principal" for a Step (basic) account with Natwest, you can pay DD, SO, internet/telephone banking, Solo/Maestro card. The returned DD charge is extortionate at 38 quid, but then they all are when we know it costs about 2! Anyway, might be worth giving them a go.

I was also accepted for HSBC, but just had to go into a branch with the documents and my credit rating is low, so they may be worth a try too. Basically if you aren't interested in credit facilities, you should have a chance with one or two. Might be worth going into one of the banks and making an appointment with the manager and tell him the situation, I'm sure they could work something out by giving you a risk-free account and they gain a customer that they can charge the ass off whenever they miss a DD. See, they benefit too, for the moment. ;)

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  • 3 weeks later...
Guest mattbee

I finally filed last Monday and yesterday received a letter from Nationwide concerning the OFT test case. They are applying to stay the case, and York are apparently staying most cases as a matter of policy. So I will start looking into objecting to the stay (because I'm still being fined illegally, because I'm now £120 down), and seeing if we can proceed as before.

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  • 2 weeks later...
Guest mattbee

Well it's now 1st of September. My filing notice from the court say that Nationwide had until 31st to reply, and I've not heard anything yet (though I suppose the court might have done). So, if I don't hear anything on Monday morning, am I in a position to file for judgement?

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