willowb v Nationwide

[Paul65]

good luck janet

[Guest willowb]

Cheeky blighters!!! I received a defence that amount has been paid from the Court. Charles Bacon states the following:

Charges for £226.61 were refunded to the Claimant's account on 26October 2006. The further sum of £90.51 in respect of the Court fee of £80 and interest of £10.51 was credited to the Claimant's account on 31 October 2006.

The Defence: 1. The Defendant has refunded all charges applied to the Claimant's account between October 2000 and 16 October 2006 (NO YOU HAVEN'T ) 2. Immediately before the refund and credit referred to above were made, the Claimant's account was overdrawn in the sum of £1,956.38:( . the Defendant is entitled to set off the Claimant's claim against her liability to repay the overdrawn balance on her account. What the hell does that mean?

 

Anyway, I've ticked the box....I wish to proceed with the claim.....what are they playing at?

 

Wxx

[Guest willowb]

I received a default notice today!!!! I'm shaking with anger.....I've just spoken to a girl at nationwide who informed me that the charges had been refunded and the dispute was over:o NO NO NO.....IT ISN'T!!!! "Oh" she said, "I'll have to email our legal department".....Yes you will won't you:mad:

 

Anyway, she said that no further action will be taken whilst the account is in dispute, so breathe a sigh of relief.

 

Can someone clarify something for me please. It is my understanding that before a default is issued against a person that every effort should be made (according to banking code) for that debt to be satisfied. So, if I were to make a reasonable offer for paying it off monthly then they should accept it without defaulting me??? I'm not sure with overdrafts, they keep telling you that they can demand it back in 30 days or you're defaulted but surely no one can repay a £2,000 overdraft in one month????

 

Advise would be seriously appreciated.

 

Wxx

[redsue]

hi willowb

hang in there... I'm sorry I'm not able to help with your query - why not pm a mod to see if they can help. I'm amazed that the defence is "we paid you all the charges back" - and I certainly hope the judge doesn't say 'oh, ok then'

hope you can get an answer to your question keep on fighting

[Guest willowb]

Thanks Redsue:)

I'll pm someone later if no one replies. I'm battling to get 2 defaults removed already I don't want another one!!! I just beleive that I read somewhere that they can't default you if you have offered a reasonable repayment plan.....but I may be wrong:(

 

Anyway, we'll see.

 

Wxx

[Guest willowb]

Bumpety bump please:)

 

Wxx

[Guest willowb]

I've found this...

http://www.bankingcode.org.uk/bulletins/Bulletin%2021%2027%20Jul%2006%20PDF%20FINAL.pdf

I've seen it before and I will use it in my correspondance but I need to find something in law/banking code relating to defaults/a/c closure/overdraft repayments.....hummmmmm

 

Wxx

[Guest willowb]

Ok....got my **** together! here's the letter.....

 

We received a Default Notice from Nationwide dated 15th November 2006.

When I telephoned to ask why we had received this notice, as the account is still in dispute. I was informed that Nationwide's legal department had sent the case onto 'Lending Control, Flexaccount Collections' with the instruction that the dispute had been settled.

Obviously Nationwide's legal department had 'assumed' that I had ended proceedings after recent correspondance between Nationwide and the Court, this is not the case. I have not accepted that Nationwide has settled our claim in full and we will be pursuing the full amount of our claim plus interest from the date the Defendant acknowldeged the claim.

Having sent a Default Notice to us whilst the account remains in dispute, Nationwide is in danger of breaking Section 13.6 of the Banking Code, where it states that a financial institution may only pass on details of debts to the Credit Reference Agencies if the debts are not in dispute.

The account was closed on the 10th of November by Nationwide after my husband had claimed unfair charges back from his closed account. May I point out to you the that the Banking Code Standards Board itself has issued guidelines to financial institutions regarding account closures urging it's subscribers to not make a disproportionate response. I am within my rights, at this stage to make a complaint to the Financial Ombudsman service about Nationwide's actions.

Once this dispute is settled, we are aware that there will be a balance outstanding on the overdraft which was automatically increased by Nationwide to £1950.00 in June of this year. To expect someone to settle a balance of that amount with 30 days is irresponsible

Customers who are in financial difficulties must be treated sympathetically and positively in accordance with the provisions of Banking Code section 14

.

When the claim is settled we will make every effort to offer a fair monthly repayment until the remainder of the debt is paid off but we will not accept a Default and will dispute it. Nationwide has a duty to mediate such matters outside of the Court system and if we have made a reasonable offer then a Judge will not take kindly to you litigating.

So, what'ya think?:-| , or:o

 

please let me know....

 

In anticipation

 

Wxxx:)

 

btw I've had 2 large glasses of wine already so BE NICE!

[bathgatebuyer]

Hi - I'm really interested to hear how you get on with this as they served a default notice on me - well, one of those "We will serve one unless............" letters about 3 days before paying over £2K into my account! The Halifax just went straight out and sent a default notice even though they had received notice of issue from the Court by that point.

 

They are clearly either desperate or unable to communicate between departments.

[Guest willowb]

Hi Bathgatebuyer:)

 

Well, I'm sending it off today.......I'd really like a mod to look at it first though but I think it's ok.

 

I'll let you know what response I get:o

 

Wxx

[Guest willowb]

No repsonse from Mr Bacon as yet but I have received the AQ!!!! So, I've filled it in and I'll send it off tomorrow.

 

Thank God I didn't have to pay the £100 (my claim is just short of £1,000)....phew!

 

Wxx

[redsue]

Hi willowb - I take it they have filed a defence then? Have you seen a copy of it yet?

Get the AQ in the post matey and open the wine!

[Guest willowb]

Will be opening it later me dear;) what about yourself?

 

Well, I haven't seen a defence per se. I think that their defence was that they claimed to have settled with me????? I haven't seen anything other than the form I got the other week from the Court which basically stated that N/W have paid me and do I agree?.....obviously I ticked 'NO I don't agree'.....but other than that.... nada!!!

 

Wxx

[redsue]

I'm still waiting for our court to clear that HUGE pile of similar claims off the judges desk and deal with mine. Apparently they are two weeks behind with the workload - now I'm no brain surgeon but it may be an idea to employ more staff?!

No, that would be far too easy. Let us know how you go - I'm cheering you on

[Guest willowb]

You too Redsue, I'm so pleased to see that you've stuck it out! there are alot of people behind you here!!

 

Wxx

[Guest willowb]

Hi guys:) had this response from Nationwide on friday......

 

I'm totally confused:confused: .....love the part where they threaten to close my account.......errrrrm you did that 6 weeks ago!

 

I can see this going to Court, though why they think they've got a flying figs' chance of winning I don't know!!! Oh hum.....

 

Wxxx

[redsue]

ha ha willowb - that old chestnut - Nationwide believes it is open and transparent about charges - well my son believes in Father Christmas and the tooth fairy and doesn't R Kelly believe he can fly and believes he can touch the sky.... erm no

[Guest willowb]

lol Yeah I know!!! It just seems like a very unusual letter to be sending to me at this stage!

 

Anyhow, awaiting the next bizarre installment!

 

Wxxx

[Guest willowb]

Ok this confirms to me that they have COMPLETELY lost it!

 

I received this letter today......for my hubby's account which they settled at the end of August and the case is closed......

 

 

Go figure! I'll probably get another set of statements through the door now!......totally bombed out!:o Is anyone else experiencing this?

 

Wxxx

[redsue]

turn it around on them Willowb -

Advise them you don't want to receive someone elses financial details and you certainly don't want them sending YOUR personal financial information out to anyone else - these guys take the biscuit - stupid or what? and they wonder why we want our cash back?!!???!

[bill-k]

turn it around on them Willowb -

Advise them you don't want to receive someone elses financial details and you certainly don't want them sending YOUR personal financial information out to anyone else - these guys take the biscuit - stupid or what? and they wonder why we want our cash back?!!???!

 

...and tell them to return your £10 !!!!!

[Guest willowb]

lol:D

[bill-k]

Chez, I'm not sure if this is any good to you, but I've only just come across it, and it seems amazing. Long thread, but worth a scan through. The first posts outline the scenario, and you can decide from there. I'm looking into it as a possible way of getting my IVA dissolved.

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply.html

 

Also:-

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/32080-my-mums-catalogue-bill.html

 

And there are links in them to other threads, too !!

 

PS - I believe Dayglo may be aware of it, so you might already know.

[bill-k]

....and this one

 

http://www.consumeractiongroup.co.uk/forum/general/27830-moorcroft.html

[Guest willowb]

lol Bill.....you busy mate?

 

Wxxx