Haybaby V Nationwide

[haybaby]

Hi guys

 

Have been reading the forum for a couple of days now and thought i would post.

 

Have been working off of one of the other forums upto now as theres loads of knowledge all over the place it seems.

 

My story to date is that i have got all my charges and added them all up in a compond interest rate Excell spreadsheet for 6 years.

 

I then added nationwides unathourised borrowing rate at 24.9% and the charges with Contractual Interst have come upto just shy of £14k the charges alone were just under £3k.

 

Alot of interest as you can see.:grin: Bit concerned about this now but its too late really.

 

I have split the claim into 3 to keep under the £5k MCOL limit for small claims and submitted them over a couple of weeks as and when i could afford it.

 

The POC i used is below:

The Claimant holds acc. no. xxxxxxxxx with

Defendant. From xx-xx to xx-xx, Defendant

debited charges iro of purported breaches of

contract. Defendant has been supplied with

list of charges and interest. Claimant

contends: a-The charges exceed the

Defendant's losses caused by such breaches;

b-The Term permitting the Defendant to levy

such charges is unenforceable under Unfair

Terms in Consumer Contracts Regulations

1999, Unfair Contract Terms Act 1977 and at

Common Law. c-If charges are a fee for a

service, then they must be reasonable under

S.15 of Supply of Goods and Services Act

1982. Claimant claims: a-Return of amounts

debited of £xxxxxx; b-Interest of xx% -

£xxxxx as per contractual rate of interest;

Any default notices to be removed.

Costs allowed by the Court.

 

This should be ok finger crossed as others have used it.

 

The claim as been aknowledged on all three claims from eversheds and they going to defend the the full amount.

 

they now have until the 3rd July to submit there defence before i can request Judgement.

 

Just hope i haven't messed up anywhere.

 

I geuss its just the waiting game now:mad:

[haybaby]

Guys looks like i might have been givern some bad advice by splitting my claim under the £5k claim limit.

 

All 3 cliams have been aknowledged already and have been in the court process for nearly 3 weeks now.

 

There 28 days ends on the 10 july.

 

Is there anything i can do to try and not get these chucked out from the court for misusing there system.

 

Or

 

Is it to late and i just have to suck it and see.

[haybaby]

anybody got any ideas.

 

 

also is it worth sending over a breakdown of my charges to the court and the solicitors b4 the end of the initial 28 days

[chunky1977]

Hi Haybaby,

 

I would advise that you should read through all the FAQ's on the website. I was advised with my claim to just put in the 1 claim. I waited until I had the money to do this as it was over 5k, but was advised not to put in seperate claims as this could be deemed detrimental.

 

With regards schedule of charges you should send 2 copies to the court and 1 copy to the solicitors for each case registered ensuring that they have the claim number on them.

 

Finally with regards mailing the solicitors it is best to send them a reminder mail a couple of days before the deadline, and then again on deadline day.

 

Hope this helps.

 

 

If you find this info useful please click on the scales

[haybaby]

unfortunately i have got to far through my claim now and didnt find this site untill after i had submitted everything and had been acknowledged on MCOL.

 

I would have defo done thing differently if i had found this site before i started.

 

I have just emailed the courts the Schedule of Charges and the Solicitors aswell.

 

If i hadnt of seen it on here i wouldnt of known they were needed till after they had entered a defence.

[haybaby]

as i have now submitted the details of charges to both the court and the solicitors when is it worth giving them a nudge to pay up.

 

They only have uptill the 10 of july to enter there defence.

[haybaby]

just had this back from eversheds after sending in the schedules i take this is the normal response.

 

Dear Sir,

We acknowledge receipt of the copies of schedules.

Have a good day.

Yours faithfully,

Genevieve Tan

Legal Administrator

Legal Services Group

Cardiff

Eversheds LLP

 

 

also is it worth sending my nudge email next week to her directly or use the nbs email address still.

[McWILLS]

Hiya Haybaby,

 

The nationwide take it to the wire unfortunately and they will probably enter a defence right at the last minute just to draw it out even longer, some have suceeded with e-mails to Eversheds ey=tc, my claim was for nearly £6,000 and they paid up 4 days before the 28 days were up without contacting their Solicitors then others have had to wait even longer its judt pot luck at moment when they pay up, but providing you have done everything right they will pay up, eventually, Good luck:D

[DARLOPONTY1]

hi Haybaby,

 

My 28 days are up 7/7/07 (see my thread yesterday about email). Looks like I did a similar thing to you 'cos using different thread advice. Same solicitors + personel etc. Still waiting to hear back from a 2nd e-mail I sent 'cos of the wording of my initial reply.

 

Gettin' a bit close to 28 days now but the more case law I've read the more determined I feel that these Institutions have taken advantage of their postion, and don't mention NW being a "mutual" or "Friendly" Society. Arrrggg. Gonna have to lie down again now. Sure I'm geting an ulcer with all this:evil:.

 

Anyway good luck

And dont let the Bankers get you down!!!

[lesleyawalsh]

hi there, just to let you know my 28 days were due to be up on the 27th june nw paid bank charges into my account today just waiting for costs, so hang in there and good luck;)

[haybaby]

Hi i want to send eversheds a poke letter as there is only 2 weeks left until they can defend.

 

Is it worth asking if they have all the neccessary info and is there a standard template somewhere.

[haybaby]

thinking of sending this as a nudge letter advice on it please

 

Dear Sir / Madam

In reference to the claims i have with Nationwide Building Society

xxxxxxxxx for £4386.99

xxxxxxxxx for £4838.34

xxxxxxxxx for £4595.87

As you are aware we are now aproaching the 28 days in which you have to file a defence for these claims.

I am sure your client Nationwide is aware of the increased cost in interest to the claim the longer these case's go on.

i suggest, and feel that the court would agree we try to settle this claim before a court appearance is needed. I am also sure you are aware that the vast majority of these case also end up with the claiment winning the case.

On this note i would take £13821.20 as full and final settlement on all 3 claims paid into nationwide account xx-xx-xx xxxxxxxxx.

This amount would resolve all outstanding claims with nationwide and i would then withdraw from court action.

[DARLOPONTY1]

Hi all,

 

Poked them by e-mail the as per my post above. Still waiting reply. I say knock yourself out.

[haybaby]

Ok have sent this now shall wait and see if i get a response.

 

Dear Sir / Madam

 

In reference to the claims i have with Nationwide Building Society

 

xxxxxxxxx for £4386.99

xxxxxxxxx for £4838.34

xxxxxxxxx for £4595.87

 

As you are aware we are now aproaching the 28 days in which you have to file a defence for these claims.

 

I am sure your client Nationwide is aware of the increasing costs in

interest and court fees to the claims, The longer these case's go on.

i suggest, and feel that the court would agree we try to settle this claim

before a court appearance is needed and any further court time is

required.

 

I am also sure you are aware that the vast majority of these case's also

end up with the claiment winning the case.

 

On this note i would take £13821.20 as full and final settlement on all 3

claims paid into nationwide account xxxxxxxxx xxxxxxxxx.

 

This amount would resolve all outstanding claims with nationwide and i

would then withdraw from court action.

 

If you need any further information from myself regarding these claims

that would help in a speedy resolution please do not hesitate to contact

me.

 

 

[haybaby]

guys just checked my account and have had some payments by cash appear in my account they are 2 payments so far making £820 which seems an odd amount any ideas my claims are split into three and not one of them equal £820

[haybaby]

Just spoke to a guy at nationwide and my first two claims will be in my account today but at only 8% this is not what i have been claiming and it should have been at 24.9%.

 

What shall i do.

 

Do i send them a letter saying i will take it as part payment?

Just take the money and run?

 

 

Also he said they work the interst out on each indivdual amount but this will add up for less then what it does if you put the 8% in the spreadsheet.

 

Really stuck on what to do now as its obviously a lot less then what i was going for.

 

Also is it worth transfering the money out of this account into another one so they cant claw it back at any point.

 

I have not agreed to any payments or settlement from them.

 

the guy on the phone called nathan said the onbudsman and the court advise to pay back the charges with the statuary 8% not sure if this is true or not.