silentcharisma vs nw **WON**

[silentcharisma]

Have recieved letter back off nationwide after sending letter requesting my bank charges back of £480 over the last 2.5 years. The person I got letter claims they cannot refund the charges. Can anyone tell me which letter it is I send next please?

[davisc02]

Have you followed the steps from the step by step guide??

 

SAR first to get statements back

40 DAYS

Prelim asking for money back

14 DAYS

Letter Before Action - informing them of court action

14 DAYS

Court action

 

To me it sounds like your at the Letter Before Action stage although you need to give them the timescales above so they can't whine that they haven't had enough time later down the line

[silentcharisma]

I 1st sent them the letter requesting the money back, I didn't request

[silentcharisma]

Have sent letter stating how much they owe me in bank charges, now they replied stating they can't refund so is it the letter before action now?

[davisc02]

Did you send them this letter?

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER:

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £4546.50 plus £407.21 which you have charged me in overdraft interest for the sum which you have taken. Total £4953.71.

I enclose a schedule of the charges which I am claiming with this letter

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

[silentcharisma]

Hi yes thats the one I sent.

[davisc02]

OK great, you still need to let the 14 days run and then this

 

your address]

 

 

 

[their address]

 

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]

 

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

 

 

 

 

 

Yours faithfully,

 

 

 

 

 

[name]

[silentcharisma]

Ok thanks,

is that even though I've received a reply from them if so will give them another week and then send the above letter, thank you for your help.

silentcharisma

[davisc02]

Yes, If you send it before they could say at the court claim stage that you didn't stick to your deadlines, not enough time etc. I know its frustrating but better to wait a week than have months of delays later on.

[silentcharisma]

Sending letter before action off this morning. So fingers crossed they will respond nicely although I get the feeling that they won't from accounts of most threads here.

[davisc02]

Hi,

 

From what i've read I don't think they do respond between LBA and court stage. I'm about 6 days behind you so i'll be following your progress closely. Good luck

[silentcharisma]

Hi,

I have now received another letter back from nationwide after sending the lba letter stating they are sorry I hadn't received the corrospondence that was origionally sent to me, that they have enclosed a copy of the origional letter they sent regarding back charges and have enclosed a leaflet eplaining internal complaints procedure should I not be happy with their reply, they received the lba on the 18th aug

can anybody tell me what to do next please

many thanks

[dolly]

I have to ask - have you read the step-by-step guide?

At this stage in your claim it is imperative that you know what you are doing otherwise you can mess up big time.

davisc02 actually listed you the steps earlier in this thread so you should be following them.

[silentcharisma]

Yes am following the steps, didn't need to request the statements as I already had them, so sent letter requesting that they give back bank charges, I got a response stating that they weren't able to refund bank charges David then said as it says in the step by step guide to send lba letter after the 14 day time period had ran out, they then sent the letter I posted on here this morning, and all I want to do is make sure the next step is to go to moneyclaim and claim it back that way after the 14 day period has ran out?

[silentcharisma]

Can anyone tell me if the previous post I put in is right, that I wait untill the 14 day time period is up from nw recieving the lba and then my next step is to put in the money claim thing?

I know I'm may sound dumb just want to confirm it before I put it in... don't want to make any mistakes

[martin2006]

if youve sent the LBA then you have to wait 14 days before either filling in n1 form and taking it or sending it, alternatively you can go to moneyclaim online and do it there.

its pretty safe to say that unless they write to offer you refund in full ,stick to your timetable

[silentcharisma]

ok thank you

[silentcharisma]

Hi, can anyone help?

I was just looking at the moneyclaim site online and filling out some of the form in prep for friday morning, now on the last page it ask for particulas of the claim can anyone help me as in what is supposed to go in that bit, prob sound really dumb but really not want to mess it up, I have also looked at the spreadsheet template for adding on interest of 8% and it works out at about 30 quid, do I add that onto the total claim?

Please please please someone help me.

Kind regards silentcharisma

[Michael Browne]

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) 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(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

[silentcharisma]

Hi thankyou very much you have been most helpful, the bit at the bottom (£0.00p = Amount of charges claimed x 0.00022).

does that mean I times the total amount of charges plus interest by 0.00022 from the day i put my claim in to the day the total amount is paid?

Kind regards

Silentcharisma

[Michael Browne]

No. Just the charges X 0.00022 ie £480 x 0.00022= £0.11p

[silentcharisma]

well have just checked my nationwide account, has now gone £30.00 overdrawn to unpaid direct debit fee....... I don't have an overdraft so am likely to get an unauthorised overdraft fee of £20.00 on my account next month which will take it to £50.00 overdrawn and the vicious circle of unfair bank charges will continue!!!! Do I add the £30.00 unpaid direct debit fee to the other charges I am claiming for even though I've not actually paid it but it has made my account overdrawn?

[Michael Browne]

If it has been debited from your a/c, then certainly

[silentcharisma]

well tomorrow is the big day for me putting in my claim to money claim.... am a little nervous but from what I can see I think pretty much everyone has gotten their money back at the money claim stage so am hoping I will also. I know £480 doesn't seem a lot but when you have twins of 19months and your a single mother it certainly comes welcome provided I win. So fingers crossed for it!!! Thankyou to everyone who has helped me and given me advice it is much appreciated.

[davisc02]

Good luck, mines being submitted Monday to be honest i'll be glad when its over