St.Clair v Nationwide

[curlyblue]

Hi All,

 

Have succesfuly got three parking tickets squashed and am now turning my attention to Nationwide who are (edit)

 

The final straw was today when they added over £300 in charges to my FlexAccount.

 

I am new to this and need some help on where to begin / what to do / whats the process - where / what do I read first.

 

any help / advice greatly appreciated - so glad we are all fighting back!

 

Regards

 

Ray

 

Moderated: edited ... please do not post comments that may be seen as libelous , this is for the protection of the site .

[rdm2006]

This may help you although it is for HSBC i would imagine the steps and library letters are the same. click on the guide below

[curlyblue]

Fantastic - thanks.

 

I have only been with them for 6 months after moving back here from Spain - (where I lost £60,000 in a property [problem]).

 

In that time I have just calculated (using the template) that they have scammed me out of £678.50 the edit B******S!.

 

just a quickie - do I send the first letter and the spreadsheet to my local branch or to their corporate address.

 

Thanks so much for your help.

 

I own part of a radio station in Spain (largest ex-pat station on the costas) I will be posting a link on the home page there shortly!

 

Regards

 

Ray

 

Moderator Note: EDITED due to libelous wording.

[rdm2006]

I know that some people hand theirs in at their local HSBC and they pass it to the relevant department so I would imagine that your bank will do the same - but dont forget to ask for a receipt in case you need to prove that you took it there

[curlyblue]

Fab - thanks

 

I will be dropping that into the branch tomorrow morning.

 

God I am excited - I cant wait!

 

Luvverly jubbly!

 

Regards

 

Ray

 

Thought for the day!

 

"They don't like it up 'em" - Corporal Jones!

[curlyblue]

Hi All,

 

OK -did my spreadsheet and found the xxxxxxx B******S owe me £678.53 (not a lot but still thats a chunk of money).

 

Hand delivered my initial letter last Friday (4th Aug) ans as yet heard nothing.

 

Will keep you all posted.

 

Regards

 

CurlyBlue

 

Edited: Please take care when using language on the site that could be considered libelous.

[callumsgran]

hi curly, just a word of warning m'dear we're trying not to swear (i know its tempting lol) and use words like robbing, thieving etc in case anyone from the banks is watching and takes offence ok? good luck to you!

[curlyblue]

Hello Cillitbanger (lol - I had to read that twice before I got it right!!!)

 

Point Taken - Duly noted - Wrists slapped accordingly!.

 

Does that mean I have to put my shotgun back in the cabinet now?

 

Damn! You guys are no fun!

 

CurlyBlue!

[callumsgran]

Sorry!! we are quite entertaining sometimes, we're all mad as hatters on here anyway!!!

[curlyblue]

You wanna try coming round my place sometime - I parked my Jag in my swimming last year! Just for fun ... as you do!

 

The conversation with the RAC next morning went along these lines ..

 

ME: Wotcha - me car wont start

 

THEM: OK Sir are you at home

 

Me: yup

 

THEM: When did you first have this problem

 

ME: Er .. this morning

 

THEM: Were you going to work

 

ME: Nope - dont have a job - kinda retired.

 

THEM: Is the car on your driveway

 

ME: Er .. no

 

THEM You said it was at home is it outside your property

 

ME: Er yes

 

THEM: On the street outside your house

 

ME: Nope

 

THEM: Where is your car sir

 

ME: Er... its in my swimming pool

 

THEM: Silence ....

 

THEM: Hang on I need to speak my supervisor

 

PAUSE FOR A FEW MINUTES

 

THEM; Hello Sir

 

ME: Yes

 

THEM: How did it get into the swimming pool

 

ME: I drove it in there

 

THEM: Silence

 

ME: Hello

 

ME: er .... Helloooo

 

THEM: Sir We can't help you as our homestart service unfortunately doesnt cover you driving your car into your swimming pool.

 

ME: No ... thought that may be the case but you cant disprespect me for trying

 

THEM: No nice try (laughs) - you need to call a recovery vehicle sir and you will have to pay for this yourself.

 

ME: Yeah thought so!

 

THEM: Sir can you email me a picture as no-one here believes me that you put your car in your pool.

 

ME: Silence!

 

and so on!

 

We havent had many parties this year! (Dunno Why).

 

BCNU

 

 

CurlyBlue!

[jonni2bad]

Does the local garage not have a car-wash?

[curlyblue]

Hi All - just an update ...

 

Hand delivered my initial letter to the Nationwide on Friday 4th of August (got a receipt of course)

 

Today I have received a "standard letter" (depsite my letter saying that I expected not to receive standard letters or leaflets.

 

The letter is ....

 

1. absolute rubbish

2. addresses none of the issues I raised

3. makes no attempt to offer me my money back

4. attempts to "inform me" that their bank charges are legal and above board

5. attempts to get me to go through a FSA complaints procedure

 

Its laughable - I really do believe that they think they are above the law.

 

I also think that they do this as a "smoke and mirrors" tactic, by getting you to conform to the complaints procedure that they lay down (which I suspect woud find in their favour every time) they divert you away from the course of action that would actually yield a resutl for you.

 

They wrap this up in all sorts of rubbis jargon to try and confuse people who they think are not intelligent enough to go and work out the law.

 

So ....

 

This Friday they will be receiving my Letter Before Action.

 

They ignored my first letter completely (by sending a standard response) so the least I can do is ignore theirs and carry on!

 

ho hum - all good fun!

 

CurlyBlue

[curlyblue]

Have some questions ...

 

Just preparing the N1 and I need to know what I should put into the following fields.

 

DEFENDANT ... what is the full and proper name for the Nationwide (aware of tehcnicalities).

 

Brief description of claim - completed the main particulars of the claim but dont how I should summarise it here.

 

Does (or will) your claim ... human rights act .... yes or no?

 

Pleas help

 

Many thanks

 

CurlyBlue

[caro]

Please stick to one thread as it is easier to follow your progress and offer advice.

[curlyblue]

OK folks heres where we are at and need some help / advice

 

Dropped my SECOND letter into them three weeks ago and they simply havent responded to that so the next step is to put them into court.

 

I have prefilled the court papers and need some help with what to put in certain fields.

 

1. "BRief Details of Claim" - what do i write here

 

2. "Defendants Name and Address" - I presume I put their Head office there do I?

 

3. "Court Fee" - how much is that or do I leave that blank

 

4."Name of claimants solictor firm" - do I put something here or leave it blank if I am representing myself?

 

Thats the claim form ...

 

I also sent the s.10 letter to the head of Data Processing in Northampton - he sent ne this response back.

 

-------------------------

 

Thank You for your recent letter which has been passed to me for attnetion.

 

I have looked at your request and considered it against the requirements of Section 10 of the legislation. I have also looked at the balance on the account concerned which does show an overdrawn balance [of course it does they keep adding charges to it!]

 

Having given due consideration to the facts, I must confirm that when you settle the whole balance on the account, we will close the account and cease processing the data as required in your notice.

 

Until you do this, we will continue to process the account in accordance with the terms and conditions that you accepted when you opened the account

 

Yours sincerely blah blah blah

 

----------------------------

 

 

How do I respond to this???

 

Many thanks

 

CurlyBlue

[curlyblue]

Please help with the above!

 

Thx

 

Also .. are DAVE & BANKFODDER one and the same person?

[jonni2bad]

1. "BRief Details of Claim" - what do i write here

Along the line of...

 

The Claimant seeks the refund of bank charges imposed by the Defendant on the Claimant's bank account (the Account) plus interest and court costs.

 

2. "Defendants Name and Address" - I presume I put their Head office there do I?

Yep

 

 

3. "Court Fee" - how much is that or do I leave that blank

See here County Court Fees

 

Under Value, put something like...

Bank charges of £xxx

Interest of £xxx

Court costs of £xxx

Total £xxx

plus daily interest at 8% equalling £0.xxp from the date of claim until settlement

 

At the bottom of page one, AMOUNT CLAIMED should be charges plus interest total.

 

4."Name of claimants solictor firm" - do I put something here or leave it blank if I am representing myself?

Leave blank

 

I also sent the s.10 letter to the head of Data Processing in Northampton - he sent me this response back.........................

 

How do I respond to this???

No need. Keep form in case it goes to court.

[curlyblue]

Many thanks for that

 

Putting NW into court today!

 

CurlyBlue

[curlyblue]

Hello All

 

Only just got aorund to doing paperrwork - all done now - in all they owe me over £1400!

 

Final question - I rang the court today and they told me how to go on in terms of what to present (must say they were darned helpful) - So I now have my paperwork in triplicate ready to go!

 

Do I need to put THREE copies of the Blue Court Form in or just 1 copy

 

Many thanks

 

Curly Blue

[jonni2bad]

2 copies for the court and the third for your own records..

 

Best of luck

[Mrgreengenes]

Hi Curly Blue (fellow VWD member) small world isn't it.

 

I think that you need to go to the Bank Templates page here

 

You will fnd all you need to know about the standard letters to use for most situations. Now you have filed your claim with the court, the next step will be the Allocation Questionaire. You will find advice for this here

 

In fact Jonni2bad wrote the AQ advice and it was a great help to me and many others.

 

 

Don't let the fatherless chillen get ya!

[curlyblue]

Hello All,

 

This is odd and I need some opinion on it.

 

I put a claim into court against Nationwide on the 18th September - they acknowledged the claim by the 21st on on the 22nd I received a letter stating that they had:

 

1. Refunded £1,143.81 in charges

2. Had cancelled £220.64 in pending charges

3. credited £10.20 in interest charges

4. credited a further £120 fro my costs.

 

Now, my original claim into the court was for:

 

1. £1,310.50 of charges

2. £21.61 in intersest

3. Costs of £120

4. Interest @ 8% = £116.17p from the date of the claim.

 

Heres my points ...

 

1. They have refunded less money than my claim in respect of charges.

2. They have refunded less money in respect of my interest.

3. They have not given me anything in respect of the daily interest charge

4. They have clearly admitted liability by this action given that I have the original response to my request for refund of charges which basically told me to go whistle in the wind!

 

I need some help as to how to go forward - my thinking is that I should let this continue through the court due to the fact that

 

1. they have not paid my claim in full.

2. They have not paid my interest in full

3. They have admitted in their letter that they have paid me less than my claim

4. "Pending charges"??? whats that all about then!

5. They have ignored the daily interest charge that is incumbent upon them to pay.

 

My understanding is that the debt is not settled until they pay my charges in FULL - ergo I understand that the daily interest charge is accruing until that debt IS paid in full.

 

I need to know that I should let this run through the court as I think this is some sort of tactic by the Nationwide to either have judgement set aside or to try and limit the amount of daily interest that they have to pay.

 

I thought about writing to them but I am not keen to enter into dialogue with them at this stage.

 

Any help or advice would be welcomed.

 

THREE DAYS THOUGH TO REFUND THE MONEY - IS THAT A RECORD?

 

Thanks

 

Curly Blue

[davisc02]

They've done the same for me except its 3K short:o :o

 

Have a look here, looks like you have to wait for a form from the court (N236) and fill in saying "you do not agree that the money has been paid".

 

The defendant disputes all or part of my claim

 

What happens if the defendant's defence is that the money has already been paid?

 

The court will send you a copy of the defence Form N9B and Form N236 (notice of defence that amount claimed has been paid). Form N236 will ask you to let the court know whether:

• you accept that the money has been paid; or
  
• you do not agree that it has been paid and that you wish the claim to continue as a defended claim.

You should fill in the 'Claimant's Reply' section of the form indicating your answer and return it to the court by the date given on Form N236. You must also send a copy of your reply to the defendant.

 

If you do not return the notice by the date shown, your claim will be 'stayed'. This means that the court will not take any further action on your claim. The only action you or the defendant can take is to apply to the court for the stay to be lifted. You may have to pay a fee to do this.

If you indicate that you wish the claim to proceed as defended, the procedure (beginning with the sending out of the Allocation Questionnaire) set out in the earlier paragraphs of the guidance will apply.

[curlyblue]

Thanks Davisc02

 

Will wait on that to come through then - didnt want to talk the NW about this anyway.

 

Thanks Again

 

Curly Blue

[caro]

Just write to them accepting this as part refund and let them know you pursue the balance through the court. You can send an updated schedule of charges when you send in your allocation questionnaire.