can you please move my post there? noone is replying and not sure on limitation arguments. thanks http://www.consumeractiongroup.co.uk/forum/nationwide/105623-nationwide-charges-post-6-a.html#post1009160

Hi, I was wondering if anyone has any experience with Nationwide and charges beyond 6 years? I have succeeded up to 6 years and am still seeking for a few months charges prior to this, please see attached, they say they will actually defend this in Court. Thanks for any experiences you can share with me. Also, is my argument in respect of limitation reasonable? or flawed? Thanks for your time my friends! Pat (PS first is their response, afterwhich is my argument) ____________________________________________________________ Dear Sir, Thank you for your email. We have reviewed this case with our client. Our client's position remains the same in that the claim is statute-barred. Our client has successfully defended claims for charges debited more than 6 years before the claim was issued. Yours sincerely Stephen Perry Team Leader LSG Litigation Cardiff Direct Dial: 0845 498 7143 International: +44 292 047 7143 Home - Eversheds LLP From: P Anderson Sent: 27 June 2007 13:19 To: Perry, Steve (Eversheds) Cc: NBS Subject: RE: Claim number: ******* To Whom It May Concern: I have now received £1072.79 from nationwide in reimbursement in part of my claim which is £438.84 short of my claim. Nationwide say the reason for this is that their calculations differ from mine in relation to the said charges and the onus is on me to prove my calculations are correct. I again refer you to my schedule. It appears to me that the difference is that Nationwide have only reimbursed charges back to 29/5/01 yet the charges I have actually claimed date back to 10/10/00 and I believe nationwide have omitted the following in reimbursement, along with the relevant interest from these. I should put you on warning that this is not a case that I believe the statute of limitation of 6 years applies and in my amended particulars of claim I will be asking the Court to consider the issue of limitation and it's relevance, and ask the Court to waive limitation. My argument without prejudice will be that as a layman (and given one is ultimately forced to have a bank account, all of whom have similar charges) did not, at that time, have the full knowledge and appreciation that as a Claimant I do now. Therefore I consider limitiation should only begin from any such time as an overall agreement is made by a regulatory body such as the ombudsman. I am of course also aware that many other litigants have recovered going back 10 years. I am not seeking charges before 10/10/00 (which there are many more) and therefore have every faith that a judge will agree that I could not have reasonably have expected to know, at the time of 'offence', that the penalty charge was unreasonable and woefully disproportionate to the actual and real cost incurred by the Society. I therefore urge you to return to Nationwide with my comments and seek urgent instructions from them, I will not be advising the Court that the matter is settled and will proceed to trial for the remainder of the penalty charges applicable prior to 29/5/01 (the first charge reimbursed by the Society). Finally, please acknowledge receipt of this email, thank you. Below is charges that have not been reimbursed: 10/10/00 - £17.50 cheque card misuse fee 31/10/00 - £10 unauth overdraft fee. 01/11/00- £25 unpaid cheque fee . 21/11/00 - £25 unpaid cheque fee 28/11/00 - £25 unpaid cheque fee 19/02/01 - £35 cheque card misuse fee 21/02/01 - £25 unpaid cheque fee 28/02/01 - £52.50 - cheque card misuse fee's 28/02/01 - £10 unauthorised overdraft fee 15/03/01 - £52.50 cheque card misuse fee's 20/03/01 - £17.50 cheque card misuse fee 21/03/01 - £150 unpaid cheque fee's 31/3/01 - £10 unauthorised overdraft fee 30/04/01 - £10 unauth overdraft fee 11/05/01 - £25 unpaid direct debit fee Yours Faithfully, P Anderson

ok, was just asking for advice on a forum I knew to be live AFTER sarah-lou had recovered. no harm done?

I'm sorry I really didnt know I could (or should) as a basic account customer? sorry for any offence caused. all handy info though, eh?

actually it evolves the charges they omitted were ones outside of the 6 years (by a few months) i'm now proceeding to trial for the full amount and will convince the judge that the statute of limitation does not apply because at the time of the 'offence' i was a layman and if it wasnt for full investigations and such done by our good friend martin, then i have been prejudiced. its a bit like a minor making a claim in respect of personal injury, they have 6 years AFTER their 18th birthday -i.e when they would have been expected to know about such affairs and not been prejudiced. I am arguing I have been prejudiced and its only the recent media interest and investigations which have made me aware. Anyone else had any pre-6 year success stories with nationwide ? sorry to hijack this thread

Hi everyone! back from holiday to receive two lovely cheques. one for 999 GBP and the other for 120GBP, they say that they are 200 odd quid short as I hadnt accounted for refunds they had given years ago (oops, must have missed those lol. judgement in default would have given me them so perhaps I was being greedy.) Anyway SUCCESS!!! Issued 17/5/07 judgement requested 00:10 on 19/6/07 defence entered same day judgement accordingly rejected 4 days later full settlement in form of cheques (account closed) although weirdly they say they have put money in my account so maybe that is the remainders, I do not know. Going to check now. Thanks to all, especially MCWILLS for your help and advice here. Looks like n/wide are still running scared and the only way is issuing, thats my advice. Get the litigation ball running as soon as you are able. Thanks again everyone! Pestrick

actually it evolves the charges they omitted were ones outside of the 6 years (by a few months) i'm now proceeding to trial for the full amount and will convince the judge that the statute of limitation does not apply because at the time of the 'offence' i was a layman and if it wasnt for full investigations and such done by our good friend martin, then i have been prejudiced. its a bit like a minor making a claim in respect of personal injury, they have 3 years (as personal injury and not property damage) AFTER their 18th birthday -i.e when they would have been expected to know about such affairs and not been prejudiced. I am arguing I have been prejudiced and its only the recent media interest and investigations which have made me aware. Anyone else had any pre-6 year success stories with nationwide ?

Hi everyone! back from holiday to receive two lovely cheques. one for 999 GBP and the other for 120GBP, they say that they are 200 odd quid short as I hadnt accounted for refunds they had given years ago (oops, must have missed those ;-) lol. judgement in default would have given me them so perhaps I was being greedy.) Anyway SUCCESS!!! Issued 17/5/07 judgement requested 00:10 on 19/6/07 defence entered same day judgement accordingly rejected 4 days later full settlement in form of cheques (account closed) although weirdly they say they have put money in my account so maybe that is the remainders, I do not know. Going to check now. Thanks to all, especially MCWILLS for your help and advice here. Looks like n/wide are still running scared and the only way is issuing, thats my advice. Get the litigation ball running as soon as you are able. Thanks again everyone! Pestrick

HELP, i issued at 10 minutes past midnight for judgement so perfect timing yet they get in defence before 10am next morning when i´d already pressed judgemnt. their defence doesnt tell me anything but this 7QZ72910 Defence You are unable to take any further action online on this claim. The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly. is this normal and will i still get paid! i dont mind my day in court but what is going on they should have paid and i´m abroad dont know what their defence is. most people been paid on 28th day. i dont have acct with them anymore are they really goign to defend or just stalling me for another 28 days :question mark_ sorry foreign computer. am i going to go to court now or are they just stalling has anyone else had a defence from them then got paid _question mark? please help! pestrick

HELP, i issued at 10 minutes past midnight for judgement so perfect timing yet they get in defence before 10am next morning when i´d already pressed judgemnt. their defence doesnt tell me anything but this 7QZ72910 Defence You are unable to take any further action online on this claim. The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly. is this normal and will i still get paid! i dont mind my day in court but what is going on they should have paid and i´m abroad dont know what their defence is. most people been paid on 28th day. i dont have acct with them anymore are they really goign to defend or just stalling me for another 28 days :question mark_ sorry foreign computer. am i going to go to court now or are they just stalling has anyone else had a defence from them then got paid _question mark? please help!

Just rang eversheds, 5 days before I am able to enter judgement against n/wide. Upshot was, well it must be good news! They have their full instructions from nationwide. I asked without prejudice what they were, their policy is to not advise and simply say they have until 17th june to undertake those instructions. I said that courts are now saying it is unfair and possibly an abuse of the process for the banks to wait to the 11th hour to pay as this is causing undue stress on the said litigants. They said sorry, but that is our procedure and they cannot tell me what the instructions are. I see this is good news! You know why? Because surely if it was to defend the matter then the defence would be in ? (well I hope it would) and as we know, when they settle these they do so on the final day before judgement and then advise the court. My best guess is that this is exactly what is going to happen, as per the last 2 litigants on the forum over the last 2 days. I smell a victory a few days away! I suppose you could suggest that if they were going to defend they could also do so on last day to string out process so money in their bank for longer etc. but going forward, they haven’t done that to any claimant I’ve heard of yet. anyone have any comments? thanks! pestrick

How would one obtain the original T&C from so long ago? (2001 in my case) I have no problem attending court and what to say as have done so in the past (due to my occupation) but (forgive me if i sound ignorant) if the contract (that berwick failed to supply to the judge) says that they are service charges, then the argument would have failed anyway (that thye are indeed penalty charges) I think I can convince a judge (some of my charges state cheque card 'misuse' fee) that these are penalties not services but what does the T&C of the flex account say about the fee's? that they are a service (to be encouraged to use!?) One last question and I appreciate you listening. Should I send entire schedule to northampton in readiness as was limited to 1000 words and no attachments (schedule etc) were possible with MCOL. Thanks buds Pestrick issued 18/5/07 judgement can be made 19/6/07 amount claimed £1550.

can anyone advise how to get the original T&C of the account over the periods where the charges have been made? do I just ask my bank for backdated contracts? thanks. I have till 19/6/07 and can then enter judgement. claim amount £1550.

I am in same situation. Can enter judgement on 13/6/07, atm, eversheds say they have not had instructions from N/wide. My acct is closed and evershed said 'if' they do pay they will reopen to put funds in (sounded promising) but as a non-customer they have no loyalty. has anyone read their defence yet and can they post the content of same on here please so that I can be more prepared when they enter it? also does anyone have the link for sarahlous thread? thanks, Pestrick

Sounds good. What date was this though? that they paid out? and what date did you issue? Eversheds are on the case on mine too. Did they put the money in your account? did they pay on the 28th day due when they were due to enter the defence? Thanks. Pestrick