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Help Re Overdraft & Poss Recovery Action


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Need a bit of a hand if anyone would be so kind. I have bank charges totally £525 which I need to reclaim - I went thru all of the letters stages, sent them all off recorded but still never received any response from Nationwide. I was just about to start court proceedings when the test case was mooted at the end of July. As a result of this I didn’t process the claim and was going to wait for the outcome of the test case.

However I've now hit a bit of a snag - as part of the process I opened a parachute account with another bank which my wages now go into and all of my DD's come out of which is working fine. However I have a £273 overdraft on my old account and I received a letter yesterday telling me I have 7 days to settle the account or the bank will contact their soliciters to commence recovery action.

 

Now I'm in a bit of a quandry, I think it’s a bit rich that ive sent 3 separate letters to them which they have ignored and now they are giving me a paltry 7 days to settle the overdraft with them!!

 

What I really need is some advice of where to go from here. I could pay off the debt in full from my wages this month that are held in my new account, altho this would leave me very short and I don’t have an overdraft facility on my new account, I also loathe to do this as I see them as owing me £525 so why should I pay their overdraft when they wont even acknowledge my letters!!

 

Should I initiate court proceedings then contact them and tell them that I have done so and wont be paying the overdraft? Should I risk them taking me to court and at the hearing presenting my bank charges case? Or would this be detrimental to my credit status?

 

Any help would be greatly received

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Hi Gums. I would make an offer to pay what you can reasonably afford and also notify Nationwide that as you are claiming back their unreasonable charges but as this has been put on hold owing to the High Court test case you will fight any action they may bring against you as those charges are under dispute. I would also make a complaint to the Financial Ombudsman as this threat would appear to me to be a punitive action because you had the audacity to ask for YOUR money back. You can fill in and submit a claim form on-line at their website which is quickest. This complaint is only about their threat of legal action. The FOS

are not acting on any more claims for repayment of charges until after the outcome of the test case is announced. I hope this advice is of use to you. Good Luck and don't let the buggers wear you down.;)

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