StevieH Vs. Nationwide

[yeahyeahyeah]

Advice please??

 

Got my standard fob off letter today and I'm in the process of firing off my LBA. However since sending off my prelim I've discovered another couple of charges i'm owed, and I'm due to be charged another £230 at the beginning of July.

 

Can I include these other past charges in my LBA, given that they were not included in the schedule I sent with my prelim letter, and can I do anything about the pending charges??

 

Any advice appreciated, coz I'm anxious to get this ball rolling and want to send off LBA ASAP.

 

Cheers

[haybaby]

i would carry on with the intial amount you sent the letter of for then when you get your money back send another letter asking for the extra charge refunded aswell.

 

i have had another £200 worth of charges since i started so will be asking for that back after i win the first lot back.

[yeahyeahyeah]

Thanks, may well do that, but I'm a bit worried about more than one claim for the same account. I'm in Scotland, and it seems the courts here are a bit sceptical about split claims. May use FOS for the second.

 

Cheers

[haybaby]

yeah i had to put through 3 seperate claims as mine comes to just under £14k with interest as put the interest in at there contractual interest rate which is 24.9% so each one had to be under £5k for each one.

 

I would imagine that they will pay you back the extra charges with a simple phone call once you have won the first lot back.

[MilkTrayMan]

...I would imagine that they will pay you back the extra charges with a simple phone call once you have won the first lot back.

Don't U even START to believe that!!!

Nationwide will insist that their T & C's are 'fair & transparent' etc etc!

Any EXTRA unlawful Penalty Charges should be added to a Claimants Schedule of Charges spreadsheet up to + including the date that they will inevitably have to File their Claim @ Court.

Any unlawful Penalty Charges debited from the Claimants account AFTER that date will have to be re-claimed in a seperate Claim (...from the very begining!) when the current Claim has been Settled in Full.

Any Claimant who starts more than one Claim at a time with the same Bank, runs the very real risk that their Claims may be 'Struck Out' cos of an attempt to abuse the Court system with regards the Civil Procedure Rules.

[haybaby]

mine were split due to advice from other forums and they were spread out a week between each claim due to financial reasons of having to stump up the cost £120 each claim.

 

I have not heard of any claim been struck out becuase of doing this so far.

 

Also the charges have been split into different time scales i.e claim one is for 2001- 2003. Claim 2 2003-2005 claim 3 2005-2007.

 

i cant see how they can say anything really as if i was claiming one lump sum from one date then i can see how they would see it as an abuse of the court system

[MilkTrayMan]

mine were split due to advice from other forums and they were spread out a week between each claim due to financial reasons of having to stump up the cost £120 each claim.

 

I have not heard of any claim been struck out becuase of doing this so far.

 

Also the charges have been split into different time scales i.e claim one is for 2001- 2003. Claim 2 2003-2005 claim 3 2005-2007.

 

i cant see how they can say anything really as if i was claiming one lump sum from one date then i can see how they would see it as an abuse of the court system

Would it NOT have been better to finance a 2nd + 3rd Claim from your 1st Claim's Refund???

The thing that U FAIL to see that could be classed as an abuse of the Court system, is the fact that by spliting your Claim, U may have brought each Claim below the Small Claims Track threshold limit of £5,000 (...in E & W) or £750 (...in S).

Above these sums, the entire Claim could be Allocated to the Fast Track, or its equivilent in S. and the Claimant may be liable to pay Costs etc.

To submit 3 X Claims, all only ONE week apart, is frankly taking the p*ss!

Where have U seen this BAD advice???

[haybaby]

was told on another well known forum as i wanted to stick them all in one lump sum to spead up the claim. Was told not too so didnt.

 

All three claims have been acknowledged now by NW so hopefully everything is going to plan for the time been.

 

If it does get chucked out for that reason i will have to start again i geuss.

 

The reasons this advice was givern was so that the claiments would not be liable for NW costs if the case was lost.

[MilkTrayMan]

...If it does get chucked out for that reason i will have to start again i geuss.

Sorry to have to say this to U, but U won't be able to Claim again for any sums that have been 'Struck Out'!

 

U may be very lucky + the Bank/Court don't pick up on it

...but it wouldn't take much of a delay in one Claim, to be on the same desk as someone who is dealing with one of your others!

 

If this OTHER Website Forum gives U such 'good' advice...why are U posting on here???

 

Ever heard the term M.I.B.???

[kelly101]

Can I include these other past charges in my LBA, given that they were not included in the schedule I sent with my prelim letter, and can I do anything about the pending charges??

You can add on any extra charges before you file your claim in court. Just draw attention to the revised claim amount in light of the recent unlawful charges you incurred and send an updated schedule of charges with your LBA.

 

Good luck

 

K.

[yeahyeahyeah]

Thanks for all that!

 

I've sent off the LBA for the original amount. Other past charges don't amount to much so I'm not too concerned as the hassle outweighs the benefit.

 

Should hear back within a couple of weeks. The pending charges (£230)won't have been taken by then, as they are due on the 8th July. I'll probably finish this current claim as it stands, swallow the charges, and reclaim them after this.

 

Sound reasonable?

[MilkTrayMan]

...Sound reasonable?

VERY reasonable!...

[yeahyeahyeah]

Thanks MTM! Good to know you're around.

 

Now officially playing "the waiting game". Bring it on.

[yeahyeahyeah]

Just a quick few questions. I sent my LBA a couple of weeks ago, but instead of the "Customer Experience Team", who replied to my original letter, I sent it to my branch, who, haven't replied (no surprises then). Will this be an issue? Should I send another LBA to the customer experience team, and if so, can I revise my schedule of charges at this stage to include the £230 they just whacked me with?

 

 

Cheers

[yeahyeahyeah]

I'd rather continue with the claim as it is, which means filing my claim at court on Monday, but don't want to if the addresses may cause a problem.

 

Any advice?

[MilkTrayMan]

Claim Totals can be amended at any stage up to + including the Filing at Court date.

Any subsequent Charges debited AFTER the Claim has been Filed, will have to be Claimed as a NEW Claim from the very start, once the current Claim has been Settled to the Claimants Satisfaction.

 

I shouldn't be concerned about NOT receiving a reply from Nationwide re: Your LBA.

Once the 14 days are up, that U gave Nationwide in your original LBA, just File your Claim @ Court!

[yeahyeahyeah]

Ta

 

You don't think it'll be a problem that my LBA was sent to my branch rather than the experience team, who replied to my prelim?

[MilkTrayMan]

Which version of reply would U like??

...The sugar coated one?

...Or the obvious one?

[yeahyeahyeah]

OK...

 

Claim filed at court today. Nice helpful chap at Edinburgh Sheriff Courthouse went through the paperwork and approved everything. I've been a bit of an idiot though and forgotten to give him a schedule of charges. I've just emailed the courthouse and will go up tomorrow with copies. Since it hasn't been served yet I'm assuming it will be OK to do so... Fingers crossed.

[yeahyeahyeah]

OK. No problems. Sheriff was court was again really helpful. I'm now just waiting for the charge to be deemed served and a return date.

[yeahyeahyeah]

bad news if you're using the small claims system in Edinburgh. Got my return date and it's OCTOBER 10. Wee bit disappointed that it's so far away. I'd recommend that anyone using this system up here go to a quieter court house, as a friend of mine recently claimed in Fyfe, and was kept waiting only a month or so. Ah well... Just thinking of the interest... Meantime have just received a letter from NW demanding payment of the overdraft (the £230 worth of THEIR charges) within 5 days. Luckily my parachute account is open and my salary will be paid into it this month. Any advice MTM? Pay the overdraft and claim it back after this claim, or don't pay them, let them chase me, then reclaim it after this claim?

[MilkTrayMan]

...Meantime have just received a letter from NW demanding payment of the overdraft (the £230 worth of THEIR charges) within 5 days. Luckily my parachute account is open and my salary will be paid into it this month. Any advice MTM? Pay the overdraft and claim it back after this claim, or don't pay them, let them chase me, then reclaim it after this claim?

It all depends on your current personal financial circumstances.

If U can afford to, it is more prudent to pay your O/D off asap.

Not only does it remove the spectre of Nationwide threatening to issue U with a Default Notice + it being entered onto your CRA File, it also prevents further unlawful Penalty Charges/Interest from accruing.