alwayspoor -vs- Nationwide

[alwayspoor]

Ok,

 

Here goes after a lot of switching medications to find the right one I finally feel well enough to tell Nationwide what to do with there charges that put me in my current condition

 

I have opened up a nice new current account with my local credit union who have very good rates of charges and are not for profit organisation. So now I am sending my S.A.R - (Subject Access Request) for my list of charges, and currently trying to reach all those people I had Direct Debits with to try and arrange some kind of plan to get back on top of my bills.

 

Wish me luck

 

S.A.R - (Subject Access Request) Sent 27/10/07 £10 Postal Order Included all papers signed and sent registered 1st Class (Please NO MORE Postal Strikes )

[hedgey06]

Best of luck mate! x

[maroondevo52]

Good Luck with your claim, Alwayspoor.

 

Good to hear your well enough to start the process of reclaiming your cash. I like you have opened an account with my local Credit Union, I'd rather give them my business than the money grabbing banks. Hope all go's well, I'll keep an eye on your progress.

 

Regards.

 

Scott.

 

 

[alwayspoor]

Thanks all,

 

Well I have received a huge wad of duplicate statements in the post this morning with a nice cookie cutter letter stating that they believe tht their charges are lawful and transparent.

 

Tallied it all up in the Calculation Spreadsheet and WOW £1530 I can not believe they have had that much money off me. So now I am looking at the LBA in the templates section.

[hedgey06]

Thanks all,

 

Well I have received a huge wad of duplicate statements in the post this morning with a nice cookie cutter letter stating that they believe tht their charges are lawful and transparent.

 

Tallied it all up in the Calculation Spreadsheet and WOW £1530 I can not believe they have had that much money off me. So now I am looking at the LBA in the templates section.

 

Prelim first though hun.

 

It's a bit of a shock when you add the charges up isn't it? But at least you now know exactly what to do to recover the cash that they've taken from you unlawfully. And ok, your claim will more than likely be stayed at some point in the near future when you file at court - but at least you'll have the claim filed and ready for action once the OFT test case is over.

 

Best of luck - and keep us updated. x

[alwayspoor]

oops yep wrong letter thanks for that.

 

Just a quick question it says to attach the schedule of charges, if I read right that is the calculation spreadsheet minus the days and interest column correct?

 

The worst part of this is that all these charges were taken from benefit money too and have left us in some dire straits should i add this to the hardship section of the letter?

 

Thanks

[hedgey06]

Just a quick question it says to attach the schedule of charges, if I read right that is the calculation spreadsheet minus the days and interest column correct?

 

Spot on

 

The worst part of this is that all these charges were taken from benefit money too and have left us in some dire straits should i add this to the hardship section of the letter?

 

Absolutely. Probably one of the most awful aspects about the current situation is that people who've genuinely experienced financial hardship due to penalty charges are having to prove their situations further - which, IMVHO, just adds to the whole stress of the situation. So yes, make sure you include as much evidence as possible about this in your letter. x

[alwayspoor]

TY all well Prelim Letter sent recorded today (27/11/07) along with schedule of charges back to waiting.

[MilkTrayMan]

Did U take time out to research such things as Contractual Interest etc, before U sent off your PL alwayspoor?!...

[sytra]

Hi, hope you have better luck than me with NW, so far have sent prelim and LBA to them stating that the money was taken from benefits etc but they dont read the letters and just sent standard letters back.

 

we have got to write again and tell them to actually read the letters we sent.

 

Sytra

[MilkTrayMan]

...we have got to write again and tell them to actually read the letters we sent.

U can do if U wish.

But to be brutally honest with U, it won't get U anywhere!

Nationwide have a dogged history of insisting that Claimants have to take it all the way to the wire, when trying to Reclaim anything from them.

Read through the many Nationwide Threads that have made this year alone + U will see what I mean unfortunately.

U would probably be better advised to save your time + energy to research the Court process, which is your next step to take...

[alwayspoor]

MilkTrayMan

 

Is the contractual interest the 8% calculated in the spreadsheet or something different?

 

Sytra

 

I know they don't read the letters but if necessary I can cite my copies in court showing that I did point out this fact or another. I have also tried being cordial with Nationwide just to be laughed at so I am taking the court route and making use of how these charges have placed my family in hardship

[MilkTrayMan]

MilkTrayMan

 

Is the contractual interest the 8% calculated in the spreadsheet or something different?

The simple answer to your question is NO

The following Link will help U understand a bit more...

http://www.consumeractiongroup.co.uk/forum/show-post/post-608020.html

 

U could always either type in the words Contractual Interest into 'Search' + read ALL the Threads it comes up with.

Alternatively...Read ALL the Nationwide Threads from the start of this year onwards...

[alwayspoor]

MilkTrayMan

 

Thank you for the links I have read through the details provided and discussed the details of this with my wife, and we both ahve agreed that we will be happy with the standard 8%

[MilkTrayMan]

...we both ahve agreed that we will be happy with the standard 8%

Your perogative of course, Contractual Interest Claims are NOT for the faint hearted, if U are NOT confident of being able to put forward a convincing argument to a District Judge in person.

The 8% refers to the Interest as applied by a Court.

It is in pursuant of sect. 69 of The County Courts Act (...exact year escapes me!... ).

It can ONLY be applied, if asked for by a Claimant, by an order of the Court.

 

It is worked out as being 8%p.a. from the actual date of the unlawful Debit from a Claimants flexaccount + is calculated as Simple Interest, up to the date that the money taken is repaid.

The following link will explain to U in more detail...

How to make a claim

[maroondevo52]

MilkTrayMan

 

Thank you for the links I have read through the details provided and discussed the details of this with my wife, and we both ahve agreed that we will be happy with the standard 8%

 

Hi, Alwayspoor.

 

Me and the wife thought the same, keep it simple. I had originally only wanted my cash back, the Interest was a bonus.

[MilkTrayMan]

Hi again alwayspoor!

 

Here are several links to previous winning Nationwide Claims earlier this year, prior to to the announcement of the OFT Test Case....

http://www.consumeractiongroup.co.uk/forum/nationwide-successes/54925-schoolholidays-nationwide.html

http://www.consumeractiongroup.co.uk/forum/nationwide/77765-tractorgirl-nationwide.html

http://www.consumeractiongroup.co.uk/forum/nationwide-successes/81154-here-we-go.html

...I hope that U find them + ALL the links contained within them useful?!

Each one of them throws up different issues that have been overcome + that U yourself may face in the future.

 

The above list of Threads is by NO means exhaustive

+ I would advise anybody to research + read as many Threads as possible, BEFORE even starting their Claim!

[alwayspoor]

Thanks again MTM

 

Well received my carbon copy reply today 01/12/07 exactly the same letter they sent with my list of charges funnily enough so I guess its time to send out the LBA.

 

Right now with all our other issues we are going through all I want is easy but I'm guessing with my luck thats not going to happen

[alwayspoor]

OK Today 14/12/07 I received a letter from the pre-legal team basically offering me the chance to clear my debt with them for a one off lump sum payment, and that if I do not accept this offer they will refer the account to debt collection for legal action.

 

Are they able to do this even though they have been notified the account is in dispute????

[MilkTrayMan]

Hi alwayspoor!

 

Stop + think for a minute...+ ask yourself what exactly a "Pre-legal Team" actually is??

 

Do U NOT think that maybe it is just another 'thumb-screw' tactic used by Nationwide, in their use of terminology??

 

It is a tactic designed to make them seem like the 'good guys', who are trying to prevent the DCA 'bad guys' causing U grief!

...It is just a veiled psychological threat that will normally jolt upright honest citizens into paying whatever Nationwide wants them to pay, whether they should legally have to, or NOT!!!...

 

btw...Is the alledged 'Debt' that Nationwide is chasing U for, made up mainly from unlawful Penalty Charges etc??

 

 

...

[hedgey06]

OK Today 14/12/07 I received a letter from the pre-legal team basically offering me the chance to clear my debt with them for a one off lump sum payment, and that if I do not accept this offer they will refer the account to debt collection for legal action.

 

Are they able to do this even though they have been notified the account is in dispute????

 

Just out of interest mate, how much (roughly) is your outstanding debt with them?

 

(if they do pass your debt to an external DCA by the way, just write to the DCA explaining that the account is in dispute - should be passed back to NW once you point this out).

[alwayspoor]

Currently I am about £350 overdrawn with NW however the Charges and Interest are around £1800.

 

and Thanks again MTM I just start getting really shakey on this every now and then my medications are not yet properly balanced and we now need to move soon as our landlord still can't deal with having a mortgage for some reason. So recently the warrant for eviction was lifted for a second time giving us a bit more time to find a new place.

 

I am just at my wits end right now so much going on I am still writing my LBA up using the template making sure it is all current and accurate, and also the statement of charges as they just applied more interest and a standing order I thought was cancelled. Also with Christmas and Eviction worries I now have my 2 crediit cards hammering on me for late payments and over balance. I guess I will need to start the process with them too now and I am hoping all my bills have been paid out of my new current account since no internet banking available I can't check on them and feel worried about having enough in there.

 

Its just all starting to feel too much.

[hedgey06]

alwayspoor, it sounds to me as though you're having an absolutely terrible time at the moment. You're going to need to tackle each issue based on their 'priority' level at the moment, and first and foremost is the housing issue. Have you started a thread for up to date advice and support in the housing forum yet? If not, please do so as a matter of urgency as you must sort out your housing issue first and foremost. The stress that of your housing issue is the last thing you need whilst you're on medication, so please make sure that you're getting the correct advice and support on this.

 

Secondly, with regards to the credit cards, don't panic. If the worst comes to the worst you can offer to make them token payments just to keep the wolf from the door for the time being. Have a look in the general debt/debt collectors forums - you'll find some letter templates in the stickies that are excellent for dealing/negotiating with the CC company if needs be. And if you start a thread in one of those forums you'll find that an awful lot of CAGGERS are in exactly the same situation and they'll be able to explain in full what you need to do to keep on top of the situation with the minimum of fuss.

 

With regards to your new current account, get yourself a cheapo notebook from your nearest pound shop and try to keep your own manual record of what goes in/out of the account. This way, you'll be able to keep your own records regardless of the lack of internet banking - and your own records will probably be more accurate than the internet banking system anyway!

 

Lastly, don't worry about Nationwide and their demands from the pre-legal team. They owe you an awful lot more than you owe them, so if they do issue a claim against you, you'll be perfectly within your rights to issue a claim against them as well. And given that your claim would be much higher than theirs, it would be interesting to see how long it would take them to realise the error of their ways. However, your account is in dispute anyway at this moment in time so we can help you to 'cross that bridge when you come to it' at a later date.

 

For the moment, try to concentrate on your housing situation and your own health. These are the two most important issues right now. The rest can be dealt with as and when situations arise, so please try not to worry too much at the moment. Christmas is around the corner and you have enough on your plate without worrying about threats from the Nationwide - you need some space to relax over the xmas period to recharge your batteries, so don't worry about them for the next couple of weeks.

 

Take care, and post back on this/other threads as and when you receive any letters/new news. xxx

[alwayspoor]

Thanks Hedgy

 

Here is the current situation I am still battling with the housing situation, and now today as I am halfway through preparing my LBA low and behold an LBA drops on my doormat from fredpay for Nationwide????

 

Surely as my account is in dispute this should not even have been sent to a collections agency and shouldn't I have received a prelim letter?

 

This is starting to become very overwhelming but I shall continue typing my LBA should I include another copy of my schedule of charges and some note about the account being in dispute so call off your dogs?

 

Thanks in Advance

[hedgey06]

They're totally out of order (as usual) passing your account over to a DCA............ the account is in dispute and they know better

 

OK, first things first! Carry on with your LBA and include an updated Schedule of Charges (make sure you include any new charges that you've incurred since you sent your prelim).

 

What you'll also need to do is send the 'Account in Dispute' letter to the DCA and Nationwide........... this should put the account firmly back with Nationwide and call off the dogs (click on this link): Account in Dispute Letter

 

Try not to worry too much about these letters, just concentrate on typing the LBA, the new Schedule of Charges and the 'Account in Dispute' letter. Once you've got these out of the way, you can take a deep breath and start to tackle the housing situation head on again. Make sure you keep your housing thread updated as well to ensure you get the correct advice on this.

 

I hope you're ok alwayspoor, you've had such a terrible time over the last few months and it sounds as though you could do with a breather from all of this hassle. If there's anything else at all that you need help with, just holler and we'll all do our best to support you.

 

Take care, Hedgey xxx