All8pne v Nationwide

[All8pne]

Hi everyone, I'm just sending an initial post at the moment and am arranging a parachute account before starting my campain against the nationwide.

[isie1980]

Just want to wish you good luck!

I'm just starting out too, have just requested details of charges from data controller at Nationwide. Their 40 days to supply starts today. Tick tick tick....

[moxie]

Good luck to both of you. Keep us posted and don't give up, you will win!

[dolly]

I wouldn't bother organising a parachute account before you start claiming as it will take a while for your claim to go through and then they give you 30 days notice. I would get on with it as soon as possible.

 

Good luck....at the moment Nationwide are pretty easy to predict what they will do!

[All8pne]

New account opened and S.A.R - (Subject Access Request) sent today by recorded delivery, next post in forty days then

[isie1980]

Nationwide got back to me in a week to tell me copy statements would be sent shortly. They cashed the £10 cheque very quickly!

[davisc02]

Same here, 23 days and counting

[All8pne]

I recieved a standard reply from Susan Taylor (Data Protection Administrator) informing me that my duplicate statements will be sent in due course. Pretty standard I guess.

 

I have had a setback with my parachute account though, I recieved a letter from first direct saying i couldnt open an account with them due to my credit rating etc etc, so i have applied for a Nat West basic step account today, hopefully i will have more luck with them.

 

All the best

[isie1980]

I managed to open a Co-op Bank Cashminder account last Saturday - my Electron card and information pack arrived yesterday, paying in book and PIN to follow. With this account you can also pay in and withdraw money at the Post Office which is handy. I probably won't go near a branch for a long time!

Using my new mycashplus Mastercard for places that don't accept Electron.

 

Still waiting for statements from Nationwide - it's been 23 days now since I sent the SAR....

[isie1980]

By the way - if you didn't know, mycashplus is a prepaid Mastercard that you top up and then use like a regular credit card. Fantastic if, like me, you can only have a basic bank account but don't want to carry cash all the time. Cost £4.95 a month though to use... www.mycashplus.co.uk

[All8pne]

I have a question that i have not seen answered anywhere else as yet, its. I know our claims are limited to charges incurred in the last 6 years, but when does the 6 year clock stop ticking?

 

For example do you claim for 6 years from the date of your preliminary letter, or Letter before action or is it when you lodge your money claim?

[cheddar]

6 years from the Preliminary Letter (or the first letter sent asking for your money back)

[dolly]

Theoretically it is 6 years from the date you became aware that the charges were unlawful I believe. So in this case I personally would go from the date you sent your DPA request.

[All8pne]

Thanks Dolly.

[All8pne]

Statements arrived this morning, so there will be some frantic adding up in our house tonight!

 

So thats 24 days since they recieved the SAR. I noticed in my reply letter from Sarah Watson that the reference was DP/2006/2371 I wonder how many of the 2371 are CAG members?

[All8pne]

After entering all the charges and interest charges on charges into the magic spreadsheet I have a total of £4,286 in charges and a further £330.23 to request in my preliminary letter, which is all nicely printed off and sat on my desk along with the schedule of charges.

 

It will get sent recorded delivery tomorrow morning to Mr Bacon.

[All8pne]

I have sent off my LBA this morning to Mr. Bacon, so far everything seems to be going according to plan. I didn't recieve a reply to my prelim letter, but i'm not really bothered about that at all.

 

I did have to revise my figures downwards slightly though. I re-checked my spreadsheet & statements and found a refund of £17.50 back in march 2003 and also I had used the dates the penalty appeared on the statement and not the date the penalty was applied. Anyway its all sorted now and in the post.

 

I got this message when i logged on today

 

"Hello All8pne it appears that you have not posted on the forum for several weeks. Why not take a few moments to ask a question, help provide a solution or just engage in a conversation with another member in any one of the forums? You will get so much more benefit from taking an active part and the forum will benefit from your involvement as well."

 

Sorry.

 

I just read the FAQ's and keep up to date with everyone elses threads, I dont seem to have any questions to ask!

 

I can make some up if you like......

 

Whats the capital city of Equador?

[dolly]

Quito

 

Didn't know about that message popping up, must be to encourage people to post.

[All8pne]

I popped home at lunchtime and there was a response to my prelim letter, just the standard stuff everyone else seems to be getting.

 

thank you for your letter of the 25th....

We appreciate the time you've taken to get in touch with us about this issue...

As you know...blah blah.. in accordance with terms and conditions...agreed to by yourself when you sign your application...

Nationwide believes it is open and transparent about charges...Blah blah....alternative banking arrangements....Hope this clarifies our position..

 

Now F*** Off

 

Love Paula Blake

Member Servicing

I did consider writing a snotty reply quoting the OFT stance on closing accounts but decided against it as it wont really add any value, I have already sorted out new accounts for both me and my lovely wifey:)

 

Still on track - Next step moneyclaim 22/09/2006

[dolly]

Cool - roll on the 22nd

[All8pne]

Cant resist the snotty letter.....

 

Dear Paula,

 

Thank you for your letter of the 6th September 2006, about charges incurred on our flex account.

 

I appreciate the time you've taken responding to my letter of the 25th August 2006 and thank you for explaining the rationale behind your charging policy, and as you pointed out I'm fully aware of the media and press coverage regarding the lawfulness of penalty charges applied to consumer's accounts by banking institutions.

 

I agree that the tariffs of penalty charges are enshrined within your terms and conditions and that I accepted them when I signed my application form. This however does not make them any more legal, in much the same way as if I signed terms and conditions allowing someone to assault me, this would not make the assault any more legal.

 

I bring to your attention the following extract of my letter before action which was posted to your Mr. Charles Bacon this morning:

 

English contract law requires such fees to be a genuine pre-estimate of your losses if it is to be lawful following the case of Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79 A charge will be held to be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison to the greatest loss that could conceivably be proved to have followed from the breach. A penalty clause is void in its entirety and unenforceable.

 

I believe that the charges you have levied far exceed any true cost to yourself as a result of my breach of contract and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of my breaches, in order to reassure me that your charges really do reflect your costs.

 

In addition your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). The account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under Schedule 2 of the said Regulations which provide an indicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation.

 

As to your statement that 'Nationwide Believes it is open and transparent about fees' I request again, for the third time, please can you demonstrate how open and transparent nationwide are, by letting me have a full breakdown of the costs to which you have been put to as a result of my breaches of contract.

 

Thank you for making me aware that the nationwide group uses the FSA rules when dealing with customers concerns. I would like to make you aware that I will be conducting my concerns under county court rules, and to this end as mentioned above I have issued a letter before action to your Mr. Charles Bacon this morning. If I do not receive a satisfactory reply within 14 days I will have no hesitation in submitting a claim with the court service.

 

Furthermore I would like to bring to your attention an extract from a briefing note issued by the Financial Services Authority on the 4th July 2006

 

"Briefing Note BN 023/06

4 July 2006

 

FSA position on account closures and default charges

 

Generally, under FSA rules on dispute resolution and complaints, we would not expect any regulated firm to discriminate against a customer who makes a complaint."

 

So by closing my account after I have taken court action you, as I know from following other consumers claims against the Nationwide you will be acting against the advice of the body under which you have stated that you are regulated, I would very much appreciate an explanation of your stance on this point.

 

 

Yours Faithfully

All8PNE

Do you think i should or just leave it?

[dolly]

Good letter - might as well send it, all you will have lost is the cost of a stamp

[All8pne]

Snotty letter sent this morning

[All8pne]

Ahoy Shipmates!! (Tis Talk like a pirate day today dont you know Talk Like A Pirate Day - September 19 )

 

Argh... ok the big moneyclaim day is this friday, I was wondering if someone could just check the wording in case i have made a cock up please, me Hearties:

 

Claimant has account XXXXXXX with Defendant

from December 1999 conducted on their

standard terms and conditions. Claimant is

claiming the return of £4579.04 taken by

Defendant in charges and interest on the said

charges over the past 6 years. The

Defendant's charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law. They are also

invalid under the Unfair Contracts Terms Act

1977 s.4 and under the Unfair Terms in

Consumer Contracts Regulations 1999.Para.8

and sch.2.1.e.

In the event that the charges are not a

penalty they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. Defendant has declined

justification of charges despite repeated

requests. Claimant claims interest under

Sec.69 of the County Courts Act 1984 at a

rate of 8% a year from 31/08/2000 to

22/09/2006 of £1371.93 and also interest at

same rate up to the date of judgment or

earlier payment at a daily rate of £1.00p.

 

I think its correct but would appreciate a thumbs up before i make the Nationwide walk ye plank, the scurvey dogs....argh....etc

[dolly]

Thumbs up